1993 - MEETING MINUTES CITY OF FAYETTEVILLE, NORTH CAROLINA REGULAR MEETING MONDAY, JANUARY 4, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, JANUARY 4, 1993 7:00 Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Others Present: Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Finance and Accounting Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Louis Chalmers, Traffic Services Director Al Mitchell, Assistant Joint Planning Director Tim Wood, PWC Manager Ray Britt, PWC Director of Finance 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 Reverend Garfield Warren, College Heights Presbyterian Church, offered the invocation followed by the Mayor leading in the pledge of allegiance to the American Flag. 1. Approval of Agenda Deputy City Manager Roger Stancil requested a correction in an agenda item for 3A. The word "resolution" should be changed to "ordinance". Councilmember Bolton moved to approve the agenda with the change as recommended, seconded by Councilmember Kendrick and carried unanimously. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Torrey moved to approve the consent agenda. After a second from Councilmember Bolton the consent agenda and following items were unanimously approved. A. Adopt Special Revenue Fund Project Ordinance Amendment 93-3. This amendment appropriates proceeds from the United States Marshall's Service in the amount of $8,800, which represent the additional receipts of Federal Forfeiture funds. The funds are dispersed with the following stipulations: 1. Funds may only be utilized for legitimate law enforcement purposes. 2. Forfeiture awards must be in effect and reality, be available to law enforcement over and above the regular appropriated budget. 3. The awarding of forfeiture funds cannot be used in any way to decrease current or future budget appropriations. 4. Failure to comply will result in an audit with the automatic denial of future awards if we are found to be out of compliance therein. B. Award of contract for purchase of eighteen (18) 25.8 kV Power Circuit Breakers to HESCO, low bidder (PWC) in the amount of $378,900. Bids received were as follows: HESCO, Inc. (Smithfield, NC) $378,900 WESCO (Raleigh, NC) $393,570 Eastern Electric (Raleigh, NC) $407,250 C. Award contract for purchase of one 67 to 25 x 15 kV Power Transformer (Grays Creek Substation) to Hevi-Duty Electric, low bidder (PWC) in the amount of $330,925. Bids received were as follows: Hevi-Duty Electric (Goldsboro, NC) $330,925 ABB/WESCO (Raleigh, NC) $372,077 MagneTek Electric (Waukesha, WI) $396,150 Tennessee Valley (Charlotte, NC) $402,239 Cooper Power (Canonsburg, PA) $407,216 Rigby Electric (Rocky Mount, NC) $428,000 Power Supply (Matthews, NC) $430,000 D. Approve renewal of Lease Agreement with Cape Fear Studios for space in Farmer's Market building. E. Approve tax refunds over $100. Taxpayer's Nature of Property Name Clerical Error Description Amount Smith, Paul Wallace House 70% complete for Lt 113 Buckhead $208.38 1992 coded for 100%. Sec 3, Pt 1 (4.40 ACS) McDonald Grading Cost figures corrected Business Personal $624.92 Company, Inc. per audit. Property Cavins Business Cost figures corrected Business Personal $464.69 Products, Inc. per audit. Property Rhodes, Inc. #33 Cost figures over-listed Business Personal $1,214.11 per audit. Property F. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located between Southland Drive and McArthur Road (S.R.1600), east of Chesapeake Road and being the property of Broadwell Land Company known as Southland Pines, Tract Two. (P92-145) G. Approve the initial zoning to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the west side of Ramsey Street (U.S. 401 North), across from Rosamond Drive and being the property of persons holding freehold interests as evidenced by a list and map. (P92-146) H. Set public hearing for February 1, 1993 to consider amendments and revisions to the City of Fayetteville Code of Ordinances, Article VII, Section 32-56, Subsection (3), to read as follows: "(3) No Parking "Bays" shall be allowed except as provided in Chapter 27, Article II, Section 27-10, (g), (9). All commercial off-street parking areas and all off-street parking lots for residential use where three or more spaces are required shall be so arranged that egress is by forward motion of the vehicle." (P92-117) I. Set public hearing for February 1, 1993, to consider amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 27, Article II, Section 27-10, Subsection (g), Items 14(a) and 14(b) by deleting the words and figures "eight (8)" in their places. (P92-147) J. Set public hearing for February 1, 1993, to consider an application by L. Karl Legatski for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-30, Subsection (14) to engage in manufacturing and fabrication activities in the C2 Central Business District for an area located at 159 Maxwell Street. Containing 0.15 acres more or less and being the property of E.W. Grannis, Jr., as evidenced by deed recorded in Deed Book 730, Page 266, Cumberland County Registry. (P92-151) K. Set public hearing for February 1, 1993, to consider an application by Guy A. Ciampa for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-32 to allow mini-warehousing in a C3 Heavy Commercial District for an area located on the south side of Gary Street at the intersection of Gary Street and Hulon Street, west of Pamalee Drive (U.S. 401 By-Pass). Containing 1.3 acres more or less and being a portion of the property of Guy A. Ciampa as evidenced by deed recorded in Deed Book 2172, Page 143, Cumberland County Registry. (P92-153) L. Approve amendment to Lease Agreement with Fayetteville/ Cumberland County Arts Council. RESOLUTION AUTHORIZING AMENDMENT OF LEASE. RESOLUTION #R1993-001. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for public hearing speakers and nonpublic hearing speakers. A. Consideration of adoption of ordinance establishing No Parking Zone on Langdon Street. This item was presented by Louis Chalmers, Traffic Engineer, stating that this is a request by petition and is the advertised public hearing. The recommendation is for adoption of the ordinance. The public hearing was opened at 7:16 p.m. and speaking in favor was Mr. William Carver, 304 Langdon Street. He stated their main concern was with the speed on Langdon Street. The neighbors signed a petition requesting a speed reduction because they are unable to get from their driveways onto the street because of the speeders. There being none further to be heard on this matter the public hearing was closed at 7:18 p.m. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #11 - PARKING PROHIBITED, LANGDON STREET. ORDINANCE #NS1993-001. Councilmember Torrey introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. There was discussion concerning the enforcement of the speed limit. Councilmember Torrey moved to have a traffic study and a petition with 50% or more from the residents requesting a traffic reduction. The motion was seconded by Councilmember Bolton. Councilmember Kendrick offered a substitute motion for a traffic study within 30 days with avenues of enforcement of the current speed limit. The motion was seconded by Councilmember Massey and carried unanimously. 4. PLANNING BOARD MATTERS: A. Consideration of the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located between Southland Drive and McArthur Road (S.R.1600), east of Chesapeake Road and being the property of Broadwell Land Company known as Southland Pines, Tract One. (P92-144) This item was presented by Assistant Planning Director Al Mitchell with a recommendation from the Planning Board for approval of the initial zoning to R10 Residential. Following brief discussion, Councilmember Kendrick moved to approve the initial zoning as recommended, seconded by Councilmember Robertson and carried unanimously. 5. PWC MATTERS: A. Consideration of approval of bid award for purchase of 100,000 feet of aluminum cable to Scott-Parish, low evaluated bidder in the amount of $140,080. This item was presented by PWC Manager Tim Wood with a recommendation to award to the low evaluated bidder of Scott-Parish in the amount of $140,080. Bids received were as follows: Scott-Parish (Raleigh, NC) $140,080 WESCO (Raleigh, NC) $137,300 Power & Telephone (Nashville, TN) $145,100 HESCO (Smithfield, NC) $147,500 Rigby Electric (Rocky Mount, NC) $149,200 Eastern Electric (Raleigh, NC) $184,900 Councilmember Robertson moved to follow the recommendation to award the contract to the low evaluated bidder, seconded by Councilmember Ross and carried unanimously. B. Consideration of approval of bid award for purchase of one Combination Sewer and Catch Basin Cleaner, complete with Cab and Chassis to Jet Vac Sanitary Services, low bid meeting specifications in the amount of $153,293. PWC Manager Tim Wood presented this item with a recommendation to award the contract to the low bidder meeting specifications. Bids were received as follows: Jet Vac Sanitary Service (Sumter, SC) $153,293.00 Bruder Sharpe (Madison, NC) $149,830.00 *Triad Mac Sales (Raleigh, NC) $63,750.70 *Smith International (Fayetteville, NC) $48,583.98 *LaFayette Ford (Fayetteville, NC) $50,500.00 *Bid on cab and chassis only Following brief discussion Councilmember Ross moved to follow the recommendation, seconded by Councilmember Cheek and carried unanimously. C. Consideration of bid award for construction of the Clinton Road Elevated Storage Tank (1,000,000 gallon water tank) to Caldwell Tanks, Inc., low bidder in the amount of $1,136,100. PWC Manager Tim Wood presented this item with the recommendation to award the contract to the low bidder as specified in the agenda item. Bids received were as follows: Caldwell Tanks (Louisville, KY) $1,136,100 Pitt-Des Moines (Atlanta, GA) $1,147,000 CBI Na-Com, Inc. (Norcross, GA) $1,228,000 Brown Steel Contractors (Newnan, GA) $1,350,000 Councilmember McBryde moved to follow the recommendation to award to the low bidder, seconded by Councilmember Bolton and carried unanimously. D. Consideration of award for the Thermal Energy Storage Project, Contract No. 2 - Air Cooling Coils, to Heatcraft, Inc., low, net alternate bid in the amount of $960,603. This item was presented by PWC Manager Tim Wood stating that the recommendation was for the low net alternate bid of $1,091,817 less $131,214 making a total of $960,603 to Heatcraft, Inc. for the thermal energy storage project. Bids received were as follows: Base Bid *Alternate #2 Heatcraft, Inc. (Grenada, MS) $824,463 **$1,091,817 Uniflin International (Londgon, Ontario) $1,181,712 $1,120,552 Aerolin Corporation (Lynchburg, VA) $738,000 $1,482,000 *Stainless Steel with Aluminum Fins **Deduct $131,214 (epoxy coating) Councilmember Cheek moved to follow the recommendation to award the low net alternate bid, seconded by Councilmember Ross and carried unanimously. E. Consideration of PWC budget amendments as follows: This item was presented by PWC Finance Director Ray Britt stating that these budget amendments are to get the budgets in line for the bond projects. 1. Operating Budget - Amendment No. 1 Please Note: To view Amendment No. 1, please see the original January 4, 1993, minutes. 2. 1990 Revenue Bond Projects - Amendment No. 2 Please Note: To view Amendment No. 2, please see the original January 4, 1993, minutes. Councilmember Cheek moved to follow the recommendation to approve the budget amendments, seconded by Councilmember Ross and carried unanimously. 6. Consideration of request from Habitat for Humanity for transfer of City owned property (Lot 42, Sessoms Street). This item was presented by Deputy City Manager Roger Stancil with a recommendation for approval of the transfer of the City-owned property to Habitat for Humanity. Councilmember Robertson moved to approve the transfer of the City-owned property to Habitat for Humanity to be used solely for Habitat. The motion was seconded by Councilmember Bolton and carried unanimously. 7. Consideration of resolution fixing date of public hearing on question of annexation pursuant to G.S. 160A-31, as amended. (Petition-Initiated Contiguous Area) (Property of Trinity Baptist Church-located south of Sanctuary Building) This item was presented by Deputy City Manager Roger Stancil with a recommendation for adoption by the resolution. RESOLUTION FIXING DATE OF PUBLIC HEARING ON ANNEXATION PURSUANT TO GS 160A-31 (JANUARY 9, 1993). RESOLUTION #R1993-002. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. 8. Consideration of request for extension of contract between City of Fayetteville and Olde Fayetteville Investments for property at 225-227 Hay Street. Deputy City Manager Roger Stancil presented this item and stated that the Olde Fayetteville Investments would be giving an update on their progress at the next regular meeting. His recommendation was for approval of the 60-day extension. Councilmember Robertson moved to follow the recommendation, seconded by Councilmember Ross and carried unanimously. 9. APPOINTMENTS: A. Nominations to fill one vacancy on Appearance Commission. Councilmember Cheek nominated Dr. Patricia Grady for the landscape category term to December 1993, to fill the vacancy of Judy Masters. B. Nominations to fill one vacancy on Redevelopment Commission. Julia Culbreth was elected unanimously to fill the vacancy of Helen Farrior to December 1994. C. Nominations to fill three vacancies on Human Relations Commission. Ms. Terry Allan was unanimously elected to fill the term of Colonel-Retired Irving Barker to March 1994. Councilmember Kendrick nominated Mr. Jesse Brayboy to fill the unexpired term of Brownie Smathers Cain to March 1993. There were no nominations to fill the unexpired term of Marie Pressler to March 1993. 10. ADMINISTRATIVE REPORTS: A. Report on tax refunds less than $100. Business Cost figures corrected Business Personal $48.98 Consultants, per audit. Property Inc. Bell, John Henry, 1987 Lincoln value 1992 discovered $10.52 Jr. should be reduced vehicle 1987 1,710 per bill of Lincoln Towncar. sale. Moody, Joe N. Cost figures corrected Business Personal $83.16 T/A Fayetteville per audit. Property Billiard Supply Marine Midland Charged w/wrong value Business Personal $61.00 Automotive Fin.- should be -0-. Property Corp. Listed in Cumberland County in error. Located in Alabama. Joyner, Evolyn B. Taxpayer listed 1804 McGougan Road $18.33 vehicle, did not own 1983 Buick Century 1-1-91. Hood Construction, Per audit, over-listed Business Personal $19.35 Inc. business personal Property property for 1988-1990. B. Report on Raeford Road annexations. This report was submitted in the agenda packet. C. Report on Morgan Place development. This report was included in the agenda packet and Tim Wood requested that Mr. Stancil remind Council there is no approved contract for utilities into this area at this time. D. Report on moving black pots on Transit Mall. This report was submitted in the agenda packet. There being no further business, the meeting was adjourned upon motion and second at 8:05 p.m. SPECIAL MEETING MINUTES WEDNESDAY, JANUARY 6, 1993 FAYETTEVILLE CITY COUNCIL JOINTLY WITH PUBLIC WORKS COMMISSION SPECIAL MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET WEDNESDAY, JANUARY 6, 1993 7:00 Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Suzan Cheek (District 5); and Mark Kendrick (District 6) Robert C. Williams, Chairman; Lyndo Tippett; William H. Owen, III; and R. O. McCoy, PWC Members Absent: Councilmembers Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Finance and Accounting Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Marland Reid, PWC Attorney Dick Lewis, PWC Attorney Tim Wood, PWC Manager Ken Fanfoni, Water/Sewer Utilities Director James Martin, Electric Services Director Members of the Press Mayor Dawkins welcomed everyone and recognized past Mayors Robert Butler and Monroe Evans, past Councilmember Mildred Evans, Past PWC General Manager Ray Muench, and past PWC Chairman Jim Warner. Mayor Dawkins noted that Commissioner Williams had requested that item 3 be moved to item 1 on the agenda. 1. Matters of Concern to City Council/PWC PWC Chairman Williams presented this item stating that PWC wanted to convey issues and matters of concern in a mature professional nonthreatening and nonjudgmental manner. Therefore, they have asked their attorney, Marland Reid to consolidate these issues into a "position paper" to present to Council. Mr. Reid read the position paper which quoted from the City Charter Sections 6.2 through 12. Mr. Reid distributed copies of this position paper with a schedule showing comparisons. Following some comments from Commissioners and Councilmembers, Mayor Dawkins concluded this item by stating he wants City Manager Smith, PWC Manager Wood and himself to meet to get a clear understanding and report back to both bodies to clarify some issues. 2. Annexation: A. City Manager John Smith presented staff's proposals for future annexations which included areas north and west of the City adding approximately 50,000 people within the next five years. PWC Manager Tim Wood stated PWC is not against annexation, but has concerns about how to pay for it. Following some discussion, Ken Fanfoni, PWC Director of Water/Sanitary Sewer presented water/sanitary sewer cost estimates for annexation of 45 areas in Cumberland County (previously referred to as Phase I/II of 1992-1994 Annexation Study). He stated there are severe, serious sewer problems in parts of the future annexation areas and consideration should be given for service as soon as possible following annexation. B. PWC Chairman Williams addressed the PWC policy in requiring annexation petitions by stating that at a recent meeting they had mistakenly made an exception for developer Dan Gore to extend water and sewer lines to his planned subdivision off Cliffdale Road without the possibility of being annexed into the City. Mr. Williams stated they would probably rescind this action if necessary and Mr. Gore has stated he would petition for annexation. 3. Street Lighting: A. James D. Martin, PWC Director of Electric Service, gave a presentation on the status of Lighting Improvement Program. He concluded his report by showing a light fixture from one of the problem areas (Grove View Terrace) that had been demolished with bullets and pellets. B. City Manager Smith addressed the maintenance of decorative lighting. The trimming of trees around or near street lights would need to be done by trained professionals. PWC Manager, Tim Wood stated that PWC has to contract outside to have trees trimmed around street lights and that decorative lights are not street lights and should be worked on by licensed electricians and not by PWC linemen because of potential lawsuits if workers are injured. Mayor Dawkins stated he wanted to have Council and PWC meet at least quarterly. There being no further business, the meeting was adjourned upon motion and second at 9:15 p.m. REGULAR MEETING MINUTES TUESDAY, JANUARY 19, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET TUESDAY, JANUARY 19, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson (at-large) (arrived at 7:10 p.m.); Tommy Bolton (District 1); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Councilmembers Ida Ross (District 2) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Finance and Accounting Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Mike Walker, City Engineer Louis Chalmers, Traffic Services Director Tom Ray, Airport Manager Al Mitchell, Assistant Joint 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 Assistant Director Robert Alves, St. John's Episcopal Church offered the invocation followed by the pledge of allegiance to the American flag being led by the girl scout troop. RECOGNITION: Presentation of Mayoral Proclamation in honor of "Girl Scout Cookie Sale Week" Mayor Dawkins presented a proclamation to the Girl Scout Cadet Troop 1458, Junior Troops 1035 and 804, and Brownie Troop 1117 appearing before Council to celebrate the 50th anniversary of the girl scout cookie sales and designating the week of January 17 as cookie sale week. The scouts presented Council with sample boxes of cookies. Councilmember Robertson arrived at the meeting at 7:10 p.m. Councilmember Massey stated that his wife is still in a medical crisis and requested to be excused in the event he needs to leave the meeting. Councilmember Torrey moved to excuse Councilmember Ross from the meeting to attend the Presidential Inauguration, seconded by Councilmember Massey and carried unanimously 8 to 0 with Councilmember Ross absent. 1. APPROVAL OF AGENDA Councilmember Bolton moved to approve the agenda as submitted, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Ross absent. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Torrey requested to pull item I for discussion and Councilmember Massey requested to pull item A for discussion. Councilmember McBryde moved to approve the consent agenda items 2B through H. After a second from Councilmember Robertson, the consent agenda and following items were unanimously approved. A. (Pulled for discussion) B. Approve amendment of policy of the City Council regarding Code of Ethics. This is a correction for the improper reference to the City Code. C. Approve Grant Agreement for Project Number 9.9544920 at Fayetteville Regional Airport. RESOLUTION WHEREAS, a grant in the amount of $37,000 has been approved by the Department based on a total estimated cost of $740,000 and WHEREAS, an amount equal to or greater than 50% of the nonfederal share 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. D. Approve Supplemental Agreement with N.C. DOT for railroad warning devices - Franklin Street and CSX Transportation Tracks in Fayetteville, Crossing No. 629 882M. This reduces the City's participation on this project from an estimated $15,000 to $7,500. E. Approve Administrative Services Agreement with ICMA Retirement Corporation. F. Set public hearing for February 1, 1993 to consider a petition for 25 Miles Per Hour Speed Zone on Glenola Street. G. Adopt resolution setting public hearing for February 16, 1993 to consider the closing of Morgan Lane from Park Street to the western edge of Lot 10. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF MORGAN LANE RESOLUTION #R1993-003. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. H. Award of audit contract for Fiscal Year ending June 30, 1993, to Cherry, Bekaert & Holland. I. Refer request from FILI for street name change of Adams Street to Joint Planning Board. Councilmember Torrey asked Deputy City Manager Stancil why this needed to be sent to the Planning Board since it was not officially changed from Adams Street to Adam Street. Mr. Stancil responded that it was felt this should follow the street name changing policy in order to have a record of this change should the matter come up in the future. Councilmember Torrey moved to refer the request as recommended, seconded by Councilmember Cheek and carried unanimously 8 to 0 with Councilmember Ross absent. 2A. Approve minutes of regular meeting of December 7, 1992. Councilmember Massey stated that at the November 23 Council meeting he had requested that a quality report on past Councilmember Pillow's contributions be generated at his request and the request of the members of District 3, therefore, he moved to amend the minutes to include this request. The motion was seconded by Councilmember Blackwell and carried unanimously 8 to 0 with Councilmember Ross absent. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on public hearing speakers and nonpublic hearing speakers time limit. A. Consideration of 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 (SR 1600), north of Mosswood Lane. (P92-107) This item was presented by Assistant Planning Director Al Mitchell with a recommendation by staff for R10 Residential District and Planning Board recommending R15 residential district. This is the advertised public hearing. The public hearing was opened at 7:21 p.m. and speaking in favor of the R10 zoning was Attorney Stacey Weaver representing the petitioners. He stated this extension of College Lakes subdivision has been planned since 1978. He concluded his presentation by stating his client would compromise by having the property within the NAPZ2 zone classification zoned R15 and the other part of the property zoned R10. The best solution however, would be for Ft. Bragg to buy the land. Speaking in opposition was Colonel John Altenburg, Headquarters 18th Airborne Corps. He stated that officials of Ft. Bragg/Pope Air Force Base do not want houses on the land because of the noise and potential for air craft crashes. If complaints from homeowners force the military to reduce training, some aviation units might be moved to other bases, which in turn might lead to moving other units and this could be very devastating to the Fayetteville area. Colonel Altenburg stated that for the military to purchase this land it would have to go through channels all the way to Congress, but this could be done. There being none further to be heard on this matter, the public hearing was closed at 7:55 p.m. Councilmember McBryde moved to zone the outside area R10 and the inside area R15 subject to a final survey of the land by qualified parties. The motion was seconded by Councilmember Kendrick. There was discussion and questions by Councilmembers. Dr. Cheek stated she feels it is very important that this land be acquired by the Federal Government and we should work for that to happen. She quoted from Planning Board minutes that they (Federal Government) want to purchase the land, but until then they requested that the land be rezoned to develop at the least number of dwellings possible. Dr. Cheek stated she feels that R15 is the only zone we can do tonight, because it is the largest lot size the City can require until the government can purchase the land and out of the possibility of being developed residential of any size. She feels that the property owner is interested in working for the good of this community also. Following discussion, Mayor Dawkins called for the vote and the motion carried unanimously 8 to 0 with Councilmember Ross absent. B. Consideration of the closing of a portion of Upton Street. This item was presented by City Manager John Smith stating that this is from a petition of Friendship Baptist Church and the City sees no need in keeping this street open. This is the advertised public hearing and the resolution reserves an all purpose utility easement. The public hearing was opened at 8:38 p.m. and there being none to be heard in favor or opposition the public hearing was closed. RESOLUTION AN ORDER CLOSING A PORTION OF UPTON STREET. RESOLUTION #R1993-004. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Torrey and carried unanimously 8 to 0 with Councilmember Ross absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. C. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (Petition-initiated contiguous annexation area) (Property of Trinity Baptist Church - located south of Southland Drive, south of existing sanctuary building). This item was presented by Deputy City Manager Roger Stancil stating that this is a small area being processed in order to eliminate a gap in the City limit line. This is the advertised public hearing. The public hearing was opened at 8:40 p.m. and there being none to speak in favor or opposition the public hearing was closed. ANNEXATION ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE. ANNEXATION ORDINANCE #93-01-361. Councilmember Kendrick moved that the foregoing ordinance be adopted, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Ross absent. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1993. D. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (Annexation of contiguous property owned by the City) (City property-PWC Property - vacant land located south of Southland Drive, Southeast of existing PWC Substation). The public hearing was opened at 8:43 p.m. and there being none to speak in favor or opposition, the public hearing was closed. ANNEXATION ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE. ANNEXATION ORDINANCE #93-01-362. Councilmember Bolton moved that the foregoing ordinance be adopted, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Ross absent. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1993. 4. Consideration of sale of property located at 701-703 Hay Street. (Appearing: Dawn Hester and Lynda Nelson) Dawn Hester gave a report on the progress of the 221-223 Hay Street building by showing slides of the work that has been accomplished so far. Mrs. Hester then requested Council to approve her offer to purchase 701-703 Hay Street with the stipulation that the McPherson House be moved to this property and be used for a bed and breakfast operation. Mrs. Lynda Nelson appeared before Council requesting that her upset bid be accepted for this piece of property to be used for parking for her proposed restaurant next door. Following some discussion, the City Attorney stated it is his opinion that Ms. Nelson's bid is not a valid upset bid because of the stipulation and she had indicated that her intent for this property is to landscape it. The advertisement in the paper had the stipulation. Councilmember Kendrick moved that the Nelson bid was not a valid upset bid, seconded by Councilmember Cheek and carried unanimously 8 to 0 with Councilmember Ross absent. Councilmember Kendrick moved to accept the Hester bid with the stipulation that the McPherson House be moved within 30 days from the date the deed is recorded and authorize the City Manager to enter into the contract. The motion was seconded by Councilmember Blackwell and carried unanimously 8 to 0 with Councilmember Ross absent. 5. Consideration of request from Olde Fayetteville Association to address City Council. (Appearing: Robin Legg, Executive Director) Robin Legg, Executive Director of the Olde Fayetteville Association, stated that this year is the 30th anniversary of the association and as a project they are requesting Council's endorsement for a project to help restore the Market House through the sale of bricks with the names placed on the bricks to be installed in the interior floor of the Market House, at a cost of $50 for a family or individual, $100 for civic and nonprofit organizations, and $200 for businesses. They hope to raise $150,000 towards the restoration project by next fall. Councilmember McBryde moved to endorse the project as requested, seconded by Councilmember Cheek and carried unanimously 8 to 0 with Councilmember Ross absent. 6. Consideration of request from Dr. Menno Pennink to address City Council regarding Lafayette Hotel property. Dr. Menno Pennink wants to save the older part of the hotel fronting Hay Street for office and apartment space and demolish the additions in the rear to make room for a parking lot. He requested that Council dedicate 60% of the parking spaces to tenants of the building once it is renovated and commit to the $135,000 the City had previously obligated to the demolition project. City Manager John Smith clarified that the $135,000 was set aside to purchase the property following the demolition of the hotel. Following some discussion, Councilmember Cheek moved to indicate an interest by Council in Dr. Pennink's project and direct Dr. Pennink and City staff to supply a more concrete proposal and financial funding plan. Councilmember McBryde seconded the motion and it carried unanimously with Councilmember Ross absent. 7. Consideration of approval of Supplemental Agreement Number 3 between the City of Fayetteville and Wilbur Smith Associates. This item was presented by Airport Manager Tom Ray with a recommendation to authorize the airport manager to negotiate the contract with Wilbur Smith Associates and verify fees in accordance with FAA regulations. Councilmember Bolton moved to follow the recommendations, seconded by Councilmember Torrey and carried unanimously 8 to 0 with Councilmember Ross absent. 8. Consideration of two resolutions directing the Clerk to investigate two petitions received under G.S. 160A-31 (Petition-initiated contiguous annexation areas) (Country Club North, Section 7). A. Property of Biltwell, Inc. B. Property of March Development Corporation RESOLUTION DIRECTING THE CLERK TO INVESTIGATE AN ANNEXATION PETITION (COUNTRY CLUB DRIVE NORTH, SECTION 7 - BILTWELL, INC. PROPERTY). RESOLUTION #R1993-005. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE AN ANNEXATION PETITION (COUNTRY CLUB DRIVE NORTH, SECTION 7 - MARCH DEVELOPMENT CORPORATION PROPERTY). RESOLUTION #R1993-006. Councilmember McBryde introduced the foregoing resolutions and moved their adoption, seconded by Councilmember Robertson and carried 7 to 1 with Councilmember Torrey voting against and Councilmember Ross absent. 9. Consideration of request from Stonebridge Homeowners Association, Townhouse Division for City to maintain Roanoke Road, Potomac Road and Delaware Road. This item was presented by City Manager John Smith with a recommendation to refer this matter to Council's Streets and Roads Committee. Councilmember Bolton moved to follow the recommendation and refer this to the Streets and Roads Committee, seconded by Councilmember Robertson and carried unanimously with Councilmember Ross absent. 10. Consideration of request from College Lakes Plaza to establish a fire lane. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #18 - FIRE LANE). ORDINANCE #NS1993-002. Councilmember Robertson introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Ross absent. A copy of the foregoing resolution is on file in the Clerk's office in Ordinance Book NS1993. 11. Consideration of request from N.C. DOT for 45 MPH speed limits on Ramsey Street and Boone Trail. This item was presented by City Traffic Engineer Louis Chalmers with a recommendation that Council adopt the ordinance for 45 mph speed limit on Ramsey Street and refer the Boone Trail matter to Streets and Roads Committee. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #8 - SPEED CONTROL, RAMSEY STREET). ORDINANCE #NS1993-003. Councilmember Bolton introduced the foregoing ordinance and moved its adoption and referred Boone Trail to Council's Streets and Roads Committee. The motion was seconded by Councilmember Kendrick. Councilmember Cheek left the chambers at 9:43 p.m. Mayor Dawkins called for a vote and the motion carried unanimously 8 to 0 with Councilmember Ross absent. Councilmember Cheek returned to Council chambers at 9:45 p.m. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. 12. Request from N.C. DOT to reconsider 2 railroad signalization projects downtown: A. Ray Avenue at Maiden Lane B. Blount Street at Williams Street This item was presented by City Traffic Engineer Louis Chalmers recommending referral to Council's Streets and Roads Committee. Councilmember Kendrick moved to follow the recommendation and refer items A and B to the Streets and Roads Committee. The motion was seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Ross absent. 13. Report from Streets and Roads Committee. A. Consideration of 1992-93 Resurfacing List. Streets and Roads Committee Chairman Mark Kendrick recognized City Engineer Mike Walker to present this item. Mr. Walker stated that the list of streets were reduced from 236 to 89 after a field check. The asterisk by some of the streets indicates streets of highest volume that requires the more expensive asphalt. The resurfacing will probably be completed from A, B and part of C before the funds run out. City Manager John Smith added that whenever funds run out, the streets at the bottom of the list that were not paved will be put at the top of the next list. Following some discussion, Councilmember Kendrick moved to approve the resurfacing list as presented, seconded by Councilmember Blackwell and carried unanimously 8 to 0 with Councilmember Ross absent. A copy of the resurfacing list is attached to and made a part of these minutes. B. Consideration of request from N.C. DOT to increase speed limit to 45 Miles Per Hour on Bragg Boulevard. This item was presented by Streets and Roads Committee Chairman Mark Kendrick with a recommendation that Council approve the increase of 45 mph on Bragg Boulevard subject to installation of pedestrian-activated traffic signal at Pearl Street. Councilmember McBryde stated he is against this speed increase, however, he moves to set a public hearing for February 1st. The motion was seconded by Councilmember Cheek and carried unanimously 8 to 0 with Councilmember Ross absent. C. Consideration of request from N.C. DOT to increase speed limit to 45 Miles Per Hour on Whitfield Street. Streets and Roads Committee Chairman Mark Kendrick presented this item with the recommendation from the Committee to leave the speed limit at 35 mph. He then put this into the form of a motion, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Ross absent. 14. APPOINTMENTS: A. Nominations to fill one vacancy on Appearance Commission. Dr. Pat Grady was elected unanimously upon motion and second to fill the vacancy of Judy Masters with a term to December 1993. B. Nominations to fill two vacancies on Human Relations Commission. Mr. Jesse Brayboy was elected unanimously upon motion and second to fill the vacancy of Brownie Smathers Cain. 15. ADMINISTRATIVE REPORTS: A. Statement of taxes collected for the month of December, 1992, from the Cumberland County Tax Collector. Council accepted the monthly report for December 1992 of taxes collected in the amount of $6,768,115.06. B. Report on right-of-way maintenance agreement with N.C. DOT. This report was submitted in the agenda packet. There being no further business the meeting was adjourned upon motion and second at 10:00 p.m. INFORMATION MEETING MINUTES MONDAY, JANUARY 25, 1993 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, JANUARY 25, 1993 7:00 p.m. Present: Mayor J. L. Dawkins Councilmembers Milo McBryde, Nat Robertson, Tommy Bolton, Robert A. Massey, Jr., Ida Ross, J. Breeden Blackwell, Thelbert Torrey, Suzan Cheek, Mark Kendrick Others Present: John P. Smith, City Manager; Roger L. Stancil, Deputy City Manager; John B. Ben Brown, Jr., Assistant City Manager for Administration and Finance; Jimmy Teal, Assistant City Manager for Planning and Development; Robert C. Cogswell, Jr., City Attorney Mayor Dawkins called the meeting to order and recognized City Attorney Bob Cogswell for the invocation. Following the invocation, the Mayor led in the Pledge of Allegiance to the American Flag. Upon motion by Councilmember Kendrick, seconded by Councilmember Torrey, Council voted unanimously to approve the agenda. City Manager John Smith presented a summary of City Council goals and objectives developed by staff from the recent planning session by Council. After some discussion, Councilmember McBryde moved that these goals and objectives be adopted as amended during the meeting. This motion was seconded by Councilmember Massey and adopted unanimously. Representatives of Ogden Environmental Energy Services then presented their findings on the NPDES Storm Water Study. Robert Schuller and Mason Hicks presented the Hay/Branson Area Revitalization Study they conducted under a contract with the City of Fayetteville. City Manager John Smith presented a proposal from a private developer for the development of parking on Person Street. Upon motion by Councilmember Bolton, seconded by Councilmember Robertson, Council voted unanimously to authorize the City Manager to meet and negotiate with the developer taking into consideration the historic aspects of the property and its surroundings. The next item on the agenda was a presentation of a fiscal forecast by the City Manager. Upon motion by Councilmember Kendrick, seconded by Councilmember Bolton, Council voted unanimously to defer this item to the February 1 meeting. There being no further business, the meeting was adjourned. REGULAR MEETING MINUTES FEBRUARY 1, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 1, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Robert A. Massey, Jr. (District 3) - excused Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Mike Walker, City Engineer Louis Chalmers, Traffic Services Director Janice Gerald, Community Development Director Al Mitchell, Assistant Joint Planning Director Tom McNeill, PWC Property Acquisition Supervisor Sandy Saunders, Parks and Recreation Advisory Commission Chairman 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 Walter Barwick, C & Adams Street Church of God, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins expressed sympathy to Councilmember McBryde and his family upon the passing of his uncle Alex McBryde who had contributed much to the community. Betty Franken with JFK Special Warfare Center and Schools International Students Office introduced ten military officers from all over the world that are here not only to observe military life but our community as well. Mayor Dawkins introduced John W. Smith, Associate Principal of Ferguson-Easley Elementary School, who presented certificates to 19 of the Fayetteville Flyers members who qualified and participated in the TAC Region III Junior Olympic Championships which were held at the University in Clemson, South Carolina, from July 9 through July 12. These are also honor students. Mayor Dawkins then referred to item 5 concerning a lease with the Fayetteville Kiwanis Club and requested that he and Councilmember Robertson be excused in discussion and voting on this matter because they are members of this organization. Councilmember Ross moved to excuse the Mayor and Councilmember Robertson from item 5, seconded by Councilmember Cheek and carried unanimously 8 to 0 with Councilmember Massey absent. Councilmember Robertson moved to excuse Councilmember Massey from tonight's meeting to be with his ailing wife at the hospital, seconded by Councilmember Cheek and carried unanimously. 1. APPROVAL OF AGENDA City Manager John Smith requested that the addendum to the agenda he had given to Council be accepted as item 13 for consideration of approval of a Memorandum of Agreement for Army Community Assistance Program and another annexation petition related to item 9, which can be considered 9A. Councilmember Bolton moved to approve the agenda with the two additions, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Massey absent. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Cheek requested to pull item G for discussion. Councilmember Bolton moved to approve the consent agenda with the exception of item G. After a second from Councilmember Robertson, the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of December 21, 1992. B. Approve tax refunds over $100. Taxpayer's Nature of Property Name Clerical Error Description Amount Guaranty Savings Value change per Bldg. 320 Green $1,947.83 and Loan Assn . comp sales. Street & Parcels (1.80 Acs) Warren, Jamison Correcting tax Personal Property $145.34 Lee, Jr. district to Only Eastover Fire. Sun Industries, Cost figures cor- Business Personal $499.45 Inc. rected per audit. Property C. Approve transfer of taxicab franchises as recommended by the Taxicab Review Board. Transferred six franchises of public convenience and necessity from Holice R. Williams, American Cab, to Travis McKinney, Lou-Mac's Safety Cab. D. Set public hearing for February 16, 1993, to consider speed limit reduction on Lakecrest Drive from 401 Bypass to 401 Bypass. E. Set public hearing for February 16, 1993, to consider speed limit reduction on Oakcrest Drive from Renfrow Drive to Lakecrest Drive. F. Approve Lease Agreement between City of Fayetteville and County of Cumberland for DSS Parking Lot. This lease agreement is for the DSS parking lot only. The Ray Avenue lot has been removed from the lease. G. (Pulled for discussion) H. Award of contract for purchase of a Track Excavator to Gregory Poole Equipment Company in the amount of $62,270. Bids received were as follows: Gregory Poole Equipment Company $62,270 North Carolina Equipment Company $79,439 I. Approve length of term for Human Relations Commission appointment. The term of Mr. Jesse Brayboy was set to expire March 1995. J. Approve requests for legal representation. Saylon V. City of Fayetteville (93 CVS 82) for Gary Lee Porter and Ziranka V. City of Fayetteville (92 CVD 7085) for Bobby Holmes. 2G. Adopt resolution authorizing condemnation of Parcel E-4 for the Ray Avenue Widening Project. Councilmember Cheek asked if this matter had been reviewed by the Historic Resources Commission and/or Appearance Commission. Following some discussion, Councilmember Cheek requested Mr. Smith to furnish Council with a report following the Commission's review of this project. This is for parcel E-4 in the amount of $17,500. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (RAY AVENUE). RESOLUTION #R1993-007. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Massey absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for speakers on public hearings and nonpublic hearings. A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and traffic, to reduce speed limit to 25 Miles Per Hour Speed Zone for Glenola Street from Ramsey Street to its end. City Traffic Engineer Louis Chalmers presented this item stating he has received a petition from the majority of the property owners and this is the advertised public hearing for this date and hour. The public hearing was opened at 7:30 p.m. and speaking in favor was Dorothy Ross, 322 Glenola Street. She stated this street has become very dangerous for the people to get out of their driveways and for the residents on the street who walk. There was none to speak in opposition and there being none further to be heard on this matter, the public hearing was closed at 7:31 p.m. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #8 - SPEED CONTROL). ORDINANCE #NS1993-004. Councilmember Bolton introduced the foregoing ordinance and moved it's adoption, seconded by Councilmember Ross and carried unanimously 8 to 0 with Councilmember Massey absent. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. B. Consideration of request from N.C. DOT to increase speed limit to 45 Miles Per Hour on Bragg Boulevard (from the CBD Loop to Glenville Avenue). This item was presented by City Manager John Smith stating that N.C. DOT has requested this increase in the speed limit and has agreed to the installation of pedestrian-activated crosswalk at Pearl Street to improve safety for crossing Bragg Boulevard to the City park and elementary school, if the 45 mile per hour speed limit is approved. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:30 p.m. and speaking in favor was Ray Goff, N.C. DOT Division Traffic Engineer. He gave comparisons of accidents as related to speed and concluded by stating that based on data, the state recommends the 45 mile per hour speed limit. Appearing in opposition was Billy Kiser, 922 Westmont Drive, who spoke on his concerns for the safety of the residents, schools and customers of the businesses. Brian Hartsell, owner of If It's Paper, 1330 Bragg Boulevard, submitted a petition signed by approximately 400 residents, businesses and customers of the area in opposition. Waymon Bullard, 806-1 Westmont Drive, also was opposed because of safety and stated that this area is "downtown". John Lennon, 181 Ellerslie Drive, owner of two BP stations in this area, was also concerned with the safety of drivers turning onto the boulevard across traffic. Constantine Perivolaris, owner of Fish and Chips, 1203 Bragg Boulevard, shared the same opposition as the others. Councilmember McBryde moved to deny the request to increase the speed limit, seconded by Councilmember Bolton and carried unanimously. C. Consideration of an application by Guy A. Ciampa for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-32 to allow mini-warehousing in a C3 Heavy Commercial District for an area located on the south side of Gary Street at the intersection of Gary Street and Hulon Street, west of Pamalee Drive (U.S. 401 By-Pass). Containing 1.3 acres more or less and being a portion of the property of Guy A. Ciampa as evidenced by Deed recorded in Deed Book 2172, Page 143, Cumberland County Registry. (P92-153) This item was presented by Assistant Planning Director Al Mitchell with a recommendation by the Planning Board for approval of the Special Use permit with the findings that the proposed activity is free of objectionable characteristics such as noise, smoke, and fumes; pedestrian and vehicular traffic will not be obstructed by loading and unloading activities; existing first floor retailing activities along the block face containing the site are not disrupted by the proposed use; and the proposed use shall comply with the fire code. In addition, the Fayetteville Landscaping Ordinance applies to the property. This is the advertised public hearing for this date and hour. The public hearing was opened at 8:30 p.m. Mr. Guy A. Ciampa appeared in favor as the petitioner. He was administered the oath by the City Clerk. Mr. Ciampa stated he was told by a Planning Board member he could put mini storage warehouses on this C3 heavy commercial property. He hired an engineer and spent a lot of money and made a site plan. Mr. Ciampa stated when he applied for a Building Permit he was told he needed a Special Use Permit, which was approved by the Planning Board. His engineer advised him that the buildings were going to be too close together and he would need approximately 800 feet of retaining walls since it is a sloping site. This could cost approximately $50,000. Mr. Ciampa had the engineer amend the plan to avoid this cost and the number of buildings was reduced from 9 to 4, which also made it a much neater layout. Mr. Ciampa stated he discovered from Mr. Mitchell tonight that this change has to be sent back to the Planning Board. He doesn't understand why if it is within the confines of the other one. Mr. Ciampa added that this project was begun last October and requested Council to approve the Special Use Permit with the new layout. There was no one to appear in opposition to this matter and there being none further to be heard the public hearing was closed at 8:35 p.m. Councilmember Robertson asked Mr. Ciampa how long he has owned this property. Mr. Ciampa responded he has owned it since approximately 1967 and he had developed the whole property as a Lafayette Service consisting of a beauty shop, heating company, veterinarian clinic, and Kids World day care. He said he wants to develop this adjoining property with something clean, with no maintenance or problems. Councilmember Cheek asked Mr. Mitchell if this new site plan would qualify for special use and would taking action on the new plan cause a problem. Mr. Mitchell responded that the new site plan was submitted approximately a week and a half ago and put into the file without review by staff for conformance with the ordinance. The Planning Board had approved the one submitted with the original application. Councilmember Cheek asked City Attorney Cogswell what is the Council's position in requesting a review of this plan by the Planning Board or staff. Mr. Cogswell responded that he would have to echo what Mr. Mitchell said and would be reluctant to recommend that Council approve the new plan without anything from the Planning Board or staff without establishing a dangerous precedent. Mr. Cogswell continued that if the only difference between the new plan and the approved plan is just a substitution of the drawing, then staff could take another look at it and if they see absolutely no changes except the location of the buildings. He wants the planning board to be satisfied with Council's action because they are the first step in these processes. Councilmember Bolton moved to withhold action until the second meeting in February to allow staff to review this and make a recommendation to Council. Mr. Cogswell recommended that as part of Mr. Bolton's motion he add that if it is determined it does need to go back to the Planning Board then staff should start that process. This will save Mr. Ciampa some time. Mr. Bolton incorporated this into his motion. The motion was seconded by Councilmember Cheek and it carried unanimously. D. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Article VII, Section 32-56, Subsection (3), to read as follows: "(3) No Parking "Bays" shall be allowed except as provided in Chapter 27, Article II, Section 27-10, (g),(9). All commercial off-street parking areas and all off-street parking lots for residential use where three or more spaces are required shall be so arranged that egress is by forward motion of the vehicle." (P92-117) This item was presented by the Assistant Planning Director Al Mitchell. This is the advertised public hearing for this date and hour. The Planning Board recommended that the following sentence be deleted from the present ordinance -- "no off-street parking space shall be constructed within 15 feet of a street right-of-way line in a residential area", and word it as follows: "Article VII, Section 32-56, Subsection (3), No parking "bays" shall be allowed except as provided in Chapter 27, Article 2, Section 27-10(g)(9). All commercial off-street parking areas and all off-street parking lots for residential use where three or more spaces are required shall be so arranged that egress is by forward motion of the vehicle. The off-street parking space be at a minimum off the right-of-way or at least 15 feet from the back of the curb or edge of pavement if there is no curb. Exceptions shall be handled by the City Engineer." The public hearing was opened at 8:56 p.m. Mr. Matthew Smith, 3101 Hyman Place appeared in favor, however, he interprets this ordinance that you must move forward to leave a parking space. He stated he checked with Planning Director, George Vaughan, and his assistant Al Mitchell, and they stated the intent was to pull forward into the right-of-way. Mr. Matthew Smith offered a friendly amendment to the Ordinance that egress to the public access point is by forward motion of the vehicle be added. Walter Moorman, Chairman of the Board of Adjustment, appeared in favor stating this originated with their board and then was sent to the Planning Board with planning staff's recommendation for approval. Assistant City Manager Jimmy Teal appeared in opposition so the Planning Board sent this matter to Mr. Teal's Review Committee who also met with Mr. Moorman. He stated that what is before Council tonight is a compromise. There was no one to appear in opposition to this matter and there being none further to be heard, the public hearing was closed at 9:09 p.m AN ORDINANCE AMENDING ARTICLE VII, SECTION 32-56, SUBSECTION (3). ORDINANCE #S1993-001. Councilmember Bolton introduced the foregoing ordinance and moved its adoption with the addition of the words "to the public access point" following the word "egress" as suggested by Matthew Smith. The motion was seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Massey being absent. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1993. E. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 27, Article II, Section 27-10, Subsection (g), Items 14(a) and 14(b) by deleting the words and figures "eight (8)" in their places. (P92-147) This item was presented by Assistant Planning Director Al Mitchell stating that this is a very technical amendment proposed by City staff, it went through Planning Board process for review and the Planning Board recommends approval. This is the advertised public hearing for this date and hour. The public hearing was opened at 9:08 p.m. and there being none to be heard on this matter, the public hearing was closed. AN ORDINANCE AMENDING CHAPTER 27, ARTICLE II, SECTION 27-10, SUBSECTION (g), ITEMS 14(a) and 14(b). ORDINANCE #S1993-002. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Massey being absent. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1993. F. Consideration of an application by L. Karl Legatski for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-30, Subsection (14) to engage in manufacturing and fabrication activities in the C2 Central Business District for an area located at 159 Maxwell Street. Containing 0.15 acres more or less and being the property of E.W. Grannis, Jr., as evidenced by deed recorded in Deed Book 730, Page 266, Cumberland County Registry. (92-151) This item was presented by Assistant Planning Director Al Mitchell stating that the planning staff and the Planning Board recommends approval of the Special Use Permit with the findings that the proposed activity is free of objectionable characteristics such as noise, smoke and fumes; pedestrian and vehicular traffic will not be obstructed by loading and unloading activities; existing first floor retailing activities along the block face containing these site are not disrupted by the proposed use; and the proposed use shall comply with the fire code. This is the advertised public hearing for this date and hour. Mayor Dawkins stated that Councilmember McBryde is the brother-in-law of Mr. Grannis but has no financial interest in this matter and would not need to abstain. The public hearing was opened at 9:11 p.m. and Mr. Legatski was sworn in by the City Clerk. He appeared in favor of the Special Use Permit as the applicant and clarified that they did not want to make any changes in the use of this property but only to get the Special Use Permit to continue the use of this building. He made himself available for questions from Council. There was none to appear in opposition to this matter, and there being none further to be heard the public hearing was closed at 9:12 p.m. Councilmember Cheek moved to approve the Special Use Permit with the findings as recommended, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Massey being absent. 4. PWC MATTERS: A. Consideration of adoption of resolution confirming assessment roll and levying assessments for installation of sanitary sewer collection system in University Estates or Shaw Mill Road, north side, from southwest corner of Allan tract to Meharry Drive. Tom McNeill, Property Acquisition Manager for PWC, presented this item and stated that following the public hearing in September, Mr. Barry reported back to Council in November with a letter prepared by Tom Keith, MIA, stating that the property was not benefited from public sewer based on current zoning and Mr. Barry's preset and planned future use of the property. Council offered PWC an opportunity to secure a second opinion. A local appraiser, R. Cecil Carlysle, submitted a report that in his opinion the property must be valued based on its highest and best use and not how the property has been used in the past or the current owner's planned future use. His report explained that the property would be enhanced in value from the availability of sanitary sewer under its current industrial zone in an amount above the utility assessment and in a much greater amount if the property should be rezoned for multifamily residential development. Mr. McNeill recommended that Council adopt the assessment resolution for this property. Councilmember Bolton stated he feels the term used in Mr. Carlysle's letter that "this may not be the highest and best use" causes him to wonder if this amount should be assessed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (SHAW MILL ROAD). RESOLUTION #R1993-008. Councilmember Cheek stated that based on the ample evidence that the value of the property has been improved by the sewer, that we have assessed many other people and this is another case that, in fairness, we should do the same. Therefore, Dr. Cheek moved to adopt the foregoing resolution confirming the assessment roll and levying assessments as recommended, seconded by Councilmember Kendrick and carried 7 to 1 at 9:20 p.m. with Councilmember Bolton voting in opposition and Councilmember Massey being absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. At this time Mayor Dawkins yielded the chair to Mayor Pro-Tem Blackwell because he is a member of the Kiwanis Club. Councilmember Robertson is also a member and would be abstaining on Item 5. 5. Consideration of joint use proposal for new Honeycutt Recreation Center. This item was presented by Mr. Sandy Saunders, Chairman, Parks and Recreation Advisory Commission. He reviewed the proposed terms and conditions of the Joint Use Proposal by the Kiwanis Club that had been approved by the Parks and Recreation Advisory Commission. The Kiwanis Club would make a financial contribution to the City of Fayetteville in the amount of $100,000 to be paid over a 10-year period in exchange for the use of the building to hold weekly club meetings and to change the name of the new recreation center within Honeycutt Park to Kiwani's Recreation Center. The recommended action was to endorse proposal and authorize Deputy City Manager to negotiate lease in accordance with proposed terms and conditions. Councilmember Bolton moved to follow the recommendations, seconded by Councilmember Ross and carried 6 to 0 with Councilmember Massey being absent and Councilmember Robertson abstaining. Mayor Dawkins resumed the chair at this time. 6. Consideration of offer to purchase City owned property on Russell Street. The City Manager presented this item with a recommendation to authorize advertisement for upset bids. Mr. Yarborough has made an offer to pay the City $11,500 in cash at closing; remove all unsightly fences, metal structures, etc. from the adjoining optioned property at closing; present a proposed construction schedule to the City at closing; and allow any current parking space lessees to continue their spaces, free of charge, for 45 days after closing. Councilmember Bolton moved to follow the recommendation to authorize advertisement for upset bids, seconded by Councilmember Robertson. Mr. Smith recommended an amendment to the motion to include the parking spaces leased by the City to be included in the agreement. Councilmembers Bolton and Robertson incorporated the amendment into the motion. Mayor Dawkins called for a vote on the motion and it carried unanimously 8 to 0 with Councilmember Massey absent. 7. Consideration of award contract for the Rivenoak/Regiment Area Drainage Project to McDonald Grading Co., Inc., low bidder in the amount of $232,005.50. This item was presented by City Manager John Smith with an amendment to the recommendation to award the contract and that it be subject to the State Dam Safety Officer's approval. The three low bids are tabulated as follows: McDonald Grading Company, Inc. $232,005.50 JRTW Construction Company $267,390.50 Della Construction Company $310,681.50 City estimate $241,340.80 Councilmember Bolton moved to follow the recommendation to award the contract to low bidder McDonald Grading Company, Inc., seconded by Councilmember Robertson. Councilmember Torrey stated he would have to vote in opposition due to others that were turned down whose areas are under water due to lack of drainage, such as Oakland Drive and Coronado Parkway. Councilmember Ross concurred with Councilmember Torrey and included Taft Street. Mayor Dawkins called for a vote on the motion and it carried 6 to 2 with Councilmembers Torrey and Ross voting in opposition and Councilmember Massey absent. Councilmember Blackwell requested a report from staff as soon as possible on these drainage problem areas. 8. Consideration of request for 25 Miles Per Hour Speed Zone on Langdon Street. This item was presented by City Traffic Engineer Louis Chalmers with a recommendation to leave the speed limit at 35 miles per hour. Councilmember Kendrick moved to set a public hearing for February 16 for consideration of the speed reduction to 25 miles per hour on Langdon Street, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Massey absent. 9. Consideration of a resolution directing the Clerk to investigate a petition received under G.S. 160A-31 (Petition-Initiated Contiguous Annexation) (Morgan Place - Section One - South Side of Cliffdale Road at Beaver Creek). This item was presented by Deputy City Manager Roger Stancil with a recommendation to adopt the resolution. A RESOLUTION DIRECTING THE CLERK TO INVESTIGATE ANNEXATION PETITION (MORGAN PLACE - SECTION ONE). RESOLUTION #R1993-009. The foregoing resolution was introduced by Councilmember McBryde, seconded by Councilmember Robertson and carried unanimously 8 to 0 with Councilmember Massey absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. 9A. Consideration of a resolution directing the Clerk to investigate a petition received under G.S. 160A-31 (Petition-Initiated Contiguous Annexation) (Lucas Property - located at end of Stonington Drive). This item was presented by Deputy City Manager Roger Stancil with a recommendation for adoption of the resolution. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE AN ANNEXATION PETITION (LUCAS PROPERTY). RESOLUTION #R1993-010. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Massey absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. 10. Consideration of request from Councilmember Suzan Cheek to discuss construction improvements for Oakridge Avenue. Councilmember Cheek stated she felt Oakridge Avenue should have been included on the street improvements list and moved to authorize engineering and planning staff to do a study on the best way to improve Oakridge Avenue, also to hold neighborhood meetings. The motion was seconded by Blackwell. Councilmember Bolton offered a friendly amendment to refer this item to the Council Streets and Roads Committee. Councilmember Cheek accepted the friendly amendment and restated her motion to send the question of how to improve Oakridge Avenue to the Council Streets and Roads Committee to ask them to consider authorizing engineering, planning staff, and Streets and Roads Committee to proceed with the preliminary improvement plan including holding public neighborhood meetings to discuss alternative ways to do the improvement. Councilmember Blackwell accepted the amendment on his second to the motion. Mayor Dawkins called for a vote and the motion carried 8 to 0 with Councilmember Massey absent. 11. APPOINTMENTS: A. Nominations to fill one vacancy on Human Relations Commission. Councilmember Blackwell nominated Ms. Lois Moses to fill the vacancy of Marie Pressler to March 1995. B. Nominations to fill one vacancy on N.C. Firemen's Relief Fund Board of Trustees. Councilmember Blackwell nominated Mr. Scott Kelly for a second term to January 1995. 12. ADMINISTRATIVE REPORTS: A. Report on tax refunds less than $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. B. Report on Fiscal Forecast. City Manager John Smith reviewed the report submitted in the agenda packet. He stated that the goal administratively is to maintain a general fund approximately 10% of our budget. He stated that the bulk of the work on the budget is to determine how we are going to deal with the non-incremental issues. The forecast is for no additional employee positions. C. Update on HOME Program. The update was presented to Council by Community Development Director, Janice Gerald. D. Report of disposal of surplus property of minimal value. A copy of the surplus property list is attached to and made a part of these minutes. 13. Consideration of approval of Memorandum of Agreement for Army Community Assistance Program - XVIII Airborne Corps and Ft. Bragg. This item was presented by City Manager John Smith with a recommendation for approval. Councilmember Bolton moved to follow the recommendation to approve the Memorandum of Agreement, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Massey absent. There being no further business the meeting was adjourned at 10:50 p.m. upon motion and second. REGULAR MEETING MINUTES MONDAY, FEBRUARY 16, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, FEBRUARY 16, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan 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 for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Mike Walker, City Engineer Louis Chalmers, Traffic Services Director Gerald Croll, Engineer II Tom Ray, Airport Manager Al Mitchell, Assistant Joint Planning Director Tim Wood, PWC Manager Steve Blanchard, PWC Director of Generation and Power Supply Ken Horne, PWC Purchasing Agent James Martin, PWC Director of Electrical Service Richard Lewis, PWC 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 Dr. Bill Loudermilk, Vice President of Church and Community Relations at Methodist College, offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins requested the invocation be spread in the minutes and it was as follows: "Our Father, how simple life would be if there were only absolutes, if every issue had only 100% right and wrong sides. How easy it would be if all citizens agreed on what should be done and what is best for our own city. But we have lived long enough and experienced a wide enough variety to know that frequently choices come down to the lesser of two unpopular alternatives. Therefore, we ask your presence at this City Council meeting. Grant its members: Clarity of thought, sensitivity to all concerned, and the ability to see issues from all aspects. Grant to all citizens here assembled: understanding hearts, empathetic reasoning, and a firm commitment to make one city the best place to live, work and learn. Amen" RECOGNITION Mayor Dawkins announced that Councilmember Robertson recently had a son, Nat Cameron Robertson. 1. Approval of Agenda City Manager John P. Smith requested to add Item 4D for PWC consideration for bids for Contract #10 - Thermal Energy Storage System Project and City Attorney Robert Cogswell requested to add Item 15 for consideration of Blanton Road condemnation. Councilmember Blackwell requested to add Item #16 for consideration of two motions to serve as an action plan to honor the Reverend Martin Luther King, Jr. Councilmember Bolton moved to approve the agenda with the additions, seconded by Councilmember Cheek and carried unanimously. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Kendrick requested to pull item E for discussion and Councilmember Blackwell requested to pull items H and I for discussion. Councilmember McBryde moved to approve the consent agenda with the exceptions of E, H and I. After a second from Councilmember Bolton the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of January 4, 1993. B. Approve minutes of special joint meeting with PWC of January 6, 1993. C. Award of contract for purchase of Computer Controlled Automated Demand Meter Test System to Power Supply, low bidder in the amount of $63,050.(PWC) Bids were received as follows: Power Supply (Matthews, NC) $63,050.00 Rigby Electric (Rocky Mount, NC) $63,687.00 Eastern Electric (Raleigh, NC) $63,445.00 D. Award of contract for purchase of two (2) 2500 kVa, 25kV x 12kV to 4kV Transformers to WESCO, low bidder in the amount of $126,312.(PWC) Bids received were as follows: WESCO (Raleigh, NC) $126,312.00 Tennessee Valley (Charlotte, NC) $167,416.00 Power & Telephone (Nashville, TN) $175,516.12 E. (Pulled for discussion) F. Approve the rezoning from C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 114 and 116 Russell Street. (P93-3) G. Approve the rezoning from C1P Shopping Center District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 902 Cedar Creek Road. (P93-6) H. (Pulled for discussion) I. (Pulled for discussion) J. Adopt ordinance amending Article II, Motor Vehicle License Tax, of Chapter 20 of the City Code of Ordinances of the City of Fayetteville. AN ORDINANCE AMENDING ARTICLE II. MOTOR VEHICLE LICENSE TAX OF CHAPTER 20. ORDINANCE #S1993-003. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1993. K. Approve renewal of Lease Agreement between City of Fayetteville and Cumberland County for space in building located at 116 Green Street. L. Adopt ordinance imposing a lien for demolition of property located at 1777 Cardinal Circle. (Owner: Olia Scott, et al.) AN ORDINANCE IMPOSING A LIEN (PROPERTY LOCATED AT 1777 CARDINAL CIRCLE - PROPERTY OWNER: OLIA SCOTT, ET AL.). ORDINANCE #NS1993-005. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously at 7:13 p.m. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. M. Adopt resolution setting a public hearing for March 15, 1993, to consider the closing of Lauvina Avenue from Old Wilmington Road to dead end at eastern line of Dr. P. N. Melchor property, as recorded in Deed Book 204, Page 36, Cumberland County Registry. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF LAUVINA AVENUE. RESOLUTION #R1993-010. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. 2E. Adopt ordinance establishing No Parking Zone on Fordham Drive at Village Drive. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLE AND TRAFFIC (TRAFFIC SCHEDULE #11 - PARKING PROHIBITED). ORDINANCE #NS1993-006. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. 2H. Approve Supplemental Agreement #3 and Master Plan Study Cost Independent Verification for Fayetteville Regional Airport. Councilmember Blackwell asked Airport Manager Tom Ray where the firm of Wilbur Smith and the Dickson firm are located. Mr. Ray responded that the W. K. Dickson & Company's home office is in Charlotte, NC and they have a branch office in Columbia, SC. Wilbur Smith & Associates is a worldwide consulting firm and one location is in Raleigh, NC. Our primary contact with them is their airport's office in Columbia, SC. Councilmember Blackwell asked for estimates on when the proposed connector route will be completed and Mr. Ray responded that following acquisition of rights-of-way and design services for the connector road, construction would begin approximately 18 months from now, with completion approximately two years for construction. Councilmember Blackwell moved to approve the Supplemental Agreement #3 and Master Plan Study Cost Independent Verification as requested. The motion was seconded by Councilmember Ross and carried unanimously. 2I. Approve amendment to Interlocal Agreement between City of Fayetteville and Cumberland County for tax collection service. Councilmember Blackwell asked what the total cost was for last year. City Manager John P. Smith responded that the City proposed that the formula for reimbursement be modified to reflect the County's marginal or direct costs of providing the service, as opposed to the arbitrary percent basis in effect at the time. The City and County Managers agreed in concept to the modification and proposed the change as part of their respective budgets. Councilmember Blackwell moved to approve the amendment as requested, seconded by Councilmember Kendrick and carried unanimously. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for public hearing speakers and nonpublic hearing speakers. A. Consideration of adoption of ordinance closing Morgan Lane from Park Street to the western edge of Lot 10. This item was presented by City Manager John Smith stating this request was by petition of some of the property owners. The City does not have an interest in keeping it open or closing it. Because there appears to be a dispute between property owners concerning closing or leaving the street open, Council will need to hear from both sides to make a decision. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:22 p.m. and speaking in favor of this street closing was Matthew Smith, 3101 Hyman Place. He said it would remove a dirt street from the City street list and it would provide a safer atmosphere because of the problems of speeders and reckless driving. He added that all property owners have ingress and egress from paved streets on the other end of their property. Appearing in opposition was William Clark, Attorney for Eilene Suggs, 145 Person Street because her property on that street regularly uses ingress and egress on Morgan Lane. Mr. Clark is also familiar with other property owners who are opposed to the closing. He concluded by stating that Mrs. Suggs has relied on the use of that street for many years and should not be deprived of it now, especially when the City sees no benefit from the closing. Mr. Matt Smith spoke in rebuttle by saying that Dr. Suggs' tenants are using Morgan Lane to pile trash and are constantly parking on his property without permission. There being none further to be heard on this matter, the public hearing was closed at 7:32 p.m. Councilmember Kendrick asked if this street is on the sanitation pick-up route. City Manager Smith responded that it is not, it can be since it is a City street. Councilmember Ross asked Mr. Matt Smith if he had stated that there was a fence already across Dr. Suggs property when he purchased the land and Mr. Smith responded that it was and an opening was cut to use Morgan Lane after they purchased it. Councilmember Robertson asked Mr. Smith if he had considered closing the street partially so that Dr. Suggs' property would not be blocked and Mr. Smith responded he preferred closing the entire street. City Attorney Robert Cogswell stated there is one piece of property owned by Mr. Matt Smith, Sr. that would be landlocked if Morgan Lane were closed and a stipulation would need to be made that he obtain permission to cross the property next to his for ingress or egress. Mr. Matt Smith responded there would be no problem since it is his father that owns the property next to his. Councilmember Blackwell moved to return this item to staff to try and work out a compromise and return it to Council at the next regular meeting. The motion was seconded by Councilmember Cheek. Following discussion, Councilmember Cheek requested staff also check into safety concerning the narrow street and turnaround ability. Mayor Dawkins called for a vote and the motion carried 8 to 1 with Councilmember Kendrick voting in opposition. B. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour Speed Zone for Langdon Street from Ramsey Street to Murchison Road. This item was presented by City Traffic Engineer Louis Chalmers stating this request is by petition by a majority of residents on Langdon Street and this is the advertised public hearing for this date and hour for citizen input. City Manager Smith reminded Council that the policy concerning speed limit changes on residential streets does not apply to major and minor thoroughfares, however granting this requesting would not be in violation of this policy. The public hearing was opened at 7:52 p.m. and speaking in favor was William J. Carver, Sr., 304 Langdon Street stating they are concerned with the safety of the residents in that area because of the difficulty in entering and exiting Langdon Street from driveways and side streets. There were approximately 15 people in attendance in favor of this speed reduction. Appearing in opposition was Clinton Harris, 4713 Watauga Road. He asked why the report Council had requested be brought back in 30 days was not given as part of the public hearing and he would like to hear this report. He also asked if notices were sent to the residents concerning this public hearing. City Manager Smith responded that no notices are required, just advertising in the local newspaper. Mr. Harris continued that he feels the street is not properly maintained and that there should be many more speed limit signs posted to let drivers know that 35 mph is the speed limit. Mr. Harris suggested that Council take into consideration other problems they have in the area before reducing the reasonable speed of 35 mph. There being none further to be heard on this matter, the public hearing was closed at 7:50 p.m. Councilmember Bolton stated he agrees with Mr. Carver and Mr. Harris and he is opposed to the speed on the entire street being reduced. Councilmember Torrey moved to adopt the ordinance reducing the speed limit on Langdon Street from 35 to 25 mph. The motion was seconded by Councilmember Massey. Following some discussion, Councilmember Cheek offered substitute motion to install warning lights and increase enforcement of the speed limit for 6 months to see if there is any improvement before taking any other action. City Attorney Cogswell recommended taking action on the main motion first because the substitute motion is for a different action. Following further discussion the vote was called and the motion to adopt the ordinance carried 6 to 3 with Councilmembers Bolton, Ross and Cheek voting in opposition. The ordinance title is as follows: AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLE AND TRAFFIC (TRAFFIC SCHEDULE #8 - SPEED CONTROL, LANGDON STREET). ORDINANCE #NS1993-007. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. At this time, Councilmember Massey requested that we take a serious look into the methods the City uses to notify drivers that they are speeding in that area. Councilmember Kendrick stated he feels an evaluation should come back to Council for a comparison in what was reported previously and 90 days from now. Mayor Dawkins also asked the residents to please try to get the word out to the neighborhood of the reduction of speed so they will be aware. C. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour Speed Zone for Lakecrest Drive from 401 Bypass to 401 Bypass. This item was presented by City Traffic Engineer Louis Chalmers stating this speed reduction is by petition of a majority of property owners and this is the advertised public hearing for citizen input. The public hearing opened at 8:28 p.m. and there being none to be heard in favor or opposition, the public hearing was closed. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLE AND TRAFFIC (TRAFFIC SCHEDULE #8 - SPEED CONTROL, LAKECREST DRIVE). ORDINANCE #NS1993-008. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Cheek and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. D. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour Speed Zone for Oakcrest Drive from Renfrow Drive to Lakecrest Drive. This item was presented by City Traffic Engineer Louis Chalmers stating this request for speed reduction is by a petition by majority of property owners. This is the advertised public hearing for this date and hour for citizen input. The public hearing opened at 8:30 p.m. and there being none to speak in favor or opposition, the public hearing was closed. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLE AND TRAFFIC (TRAFFIC SCHEDULE #8 - SPEED CONTROL, OAKCREST DRIVE). ORDINANCE #NS1993-009. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Cheek and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. Councilmember Kendrick stated there are cul-de-sacs and small side streets in this area and other areas, that should be considered when changing speed limits. Councilmember McBryde moved to refer this to the Council's Streets and Roads Committee, seconded by Councilmember Torrey and carried unanimously. 4. PWC MATTERS: A. Consideration of award of contract for Thermal Energy Storage System Project, Purchase Order #1 - Air Compressor to Engineer Sales Associates in the amount of $56,868. This item was presented by PWC Manager Tim Wood stating that only one supplier chose to bid. Mr. Wood recommended awarding the contract to Engineer Sales Associates in the amount of $56,868. Councilmember Bolton moved to follow recommendation, seconded by Councilmember Ross and carried unanimously. B. Consideration of award of contract for Thermal Energy Storage System Project, Purchase Order #2 - Miscellaneous Pumps to Pumps, Parts & Service, Inc., low bidder meeting specifications in the amount of $47,290.29. This item was presented by PWC Manager Tim Wood with a recommendation to award to the lowest responsible bidder of Pumps, Parts & Service, Inc., in the amount of $47,290.29. The low adjusted bid (includes a deduction for mechanical seals and spares in addition to those originally specified). Bids received were as follows: *James M. Pleasants Co. (Greensboro, NC) $30,466.92 *PNUCOR, Base bid (Raleigh, NC) $32,648.50 *Emory L. Wilson & Associates (Colfax, NC) $51,893.00 Pumps, Parts & Service, Inc. (Charlotte, NC) $52,597.00 PNUCOR, Alternate bid $55,255.42 ITT A-C Pumps (Cincinnati, OH) $59,787.00 *Bid did not meet specifications Councilmember Robertson moved to follow the recommendation and award the contract to Pumps, Parts & Service, Inc. in the amount of $47,290,20, seconded by Councilmember Ross and carried unanimously. C. Consideration of award of contract for purchase of G.I.S. Workstation to ESRI in the amount of $24,660. This item was presented by PWC Manager Tim Wood with a recommendation to award to the only bidder of ESRI (Redlands, OH) in the amount of $24,660. Councilmember Cheek moved to follow the recommendation, seconded by Councilmember Ross and carried unanimously. D. Consideration of award of contract for Thermal Energy Storage System Project, Contract #10 to lowest bidder meeting specifications of Crowder Construction Company in the amount of $1,073,000. This item was presented by PWC Manager Tim Wood stating that two of the three bidders were not lowest responsive bidders. This project could potentially represent a substantial savings to PWC customers of 2 to 4 million dollars over a year's time if this can be put on line this year. Bids received were as follows: Crowder Construction Company (Morrisville, NC) $1,073,000.00 *Hatcher Construction Company (Fayetteville, NC) $836,800.00 *Ellis-Walker Builders, Inc. (Fayetteville, NC) $908,574.00 *Did not meet schedule requirements Steve Blanchard, PWC Director of Generation and Power Supply made further presentation to better define this project, along with the assistance of Ken Horne, PWC Purchasing Agent. Mayor Dawkins read a paragraph from PWC Attorney Richard Lewis that he felt was crucial to this matter as follows: "Time is definitely of the essence on this project. If it is not completed by a certain date, the Public Works Commission will have lost the opportunity to save approximately Four Million Dollars. That is precisely why the bid documents specifically REQUIRED that bidders include a proposed construction schedule that corresponded with the critical dates specified in the bid documents. Only Crowder complied with that requirement." Councilmember Robertson then referred to the threat of a possible lawsuit mentioned in Mr. Lewis' letter and Mayor Dawkins then read that paragraph which is as follows: "I have been requested to render a legal opinion on whether or not it would be proper for the Public Works Commission to award the above contract to Crowder Construction Company when there are two lower bids. It is my opinion that it would be legally correct for it to do so despite the very natural desire to save money by selecting a lower bid. It is my opinion that it would be legally incorrect to award the contract to either of the other two bidders. To do so could result in a law suit against PWC by Crowder". Following some discussion, Councilmember Robertson moved to enter executive session to discuss qualifications of independent contractor and possible litigation. The motion was seconded by Councilmember McBryde and carried unanimously at 9:18 p.m. Council reconvened into regular session at 9:35 p.m. Councilmember Robertson moved to approve the award of contract to the Crowder Construction Company as recommended. The motion was seconded by Councilmember Ross and carried unanimously. 5. PLANNING BOARD MATTERS: A. Consideration of an application by Guy A. Ciampa for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-32 to allow mini-warehousing in a C3 Heavy Commercial District for an area located on the south side of Gary Street at the intersection of Gary Street and Hulon Street, west of Pamalee Drive (U.S. 401 By-Pass). (Continued from February 1, 1993, meeting) This item was presented by Assistant Planning Director Al Mitchell with a recommendation that Council approve the Special Use Permit with the findings that the proposed activity: 1) is free of objectionable characteristics such as noise, smoke and fumes; 2) pedestrian and vehicular traffic will not be obstructed by loading and unloading activities; 3) existing first floor retailing activities along the block face containing the site are not disrupted by the proposed use; and 4) the proposed use shall comply with the Fire Code. Councilmember McBryde asked Mr. Mitchell if this recommendation is for the revised site plan and he stated that it was. Councilmember Bolton moved to follow the recommendation to approve the Special Use Permit with the conditions and findings as stated above. The motion was seconded by Councilmember McBryde and carried unanimously. 6. Consideration of request from Rev. Raymond D. Morton to address City Council. Reverend Raymond D. Morton, 119 Kennedy Street stated he had a petition with over 300 names requesting that Council clear with a bulldozer the area bounded on the north by Hawley Lane; on the east by Cross Creek; on the south by Adams Street and on the west by a high residential earth bankment in order to possibly eliminate the intolerable number of crimes committed there. Deputy City Manager Roger Stancil said bids are out to clear this area because it would cost more for the City to do it. The bidders can dispose of the debris and we would not be pulling our personnel and equipment from their normal duties. No action was required by Council. 7. Consideration of request from Rev. J. L. Godbolt to address City Council. Reverend Godbolt stated he was there with approximately 30 people from his church to request Council place the Rosehill Road Extension Project back on the Feeder/Collector Street Plan. They have paid to have plans drawn up for a new church to be built facing the proposed new street that was removed from the plan. City Manager John Smith reviewed the status of the feeder street plan and the Rosehill Road extension from 1986 until today. There never was a construction budget or schedule. It was only a proposed plan and that some rights-of-way were acquired and used by PWC but the project was scaled back due to neighborhood concerns. Following discussion, Councilmember Blackwell moved to have the City Manager and Reverend Godbolt meet to return a more feasible project to Council. The motion was seconded by Councilmember Massey and carried unanimously. At this time, Mayor Dawkins notified Council that Annexation Studies Coordinator David Nash had lost his sister to cancer yesterday. 8. Consideration of request from Donald Stewart, Railfest Committee of the Dogwood Festival. Mr. Stewart introduced Ann Spiesberger, who is the Executive Director of the Dogwood Festival. He stated he is requesting to use the City Hall lobby for indoor activities as a model train show and sale, photo exhibit and railroad related exhibitions. There will be a charge for parts of this event by way of selling tickets. City Manager Smith stated his only concern is the use of this public space for an event that has an admission fee. Following some discussion, Councilmember Robertson moved to allow this request with the approval by City Manager. The motion was seconded by Councilmember Ross and there was further discussion with concerns regarding setting a precedent. Councilmember Kendrick offered substitute motion to refer this matter to the Council Policy Committee. The motion was seconded by Councilmember Bolton and carried unanimously. Policy Committee Chairman set a meeting for February 23, 7 o'clock p.m. in the City Hall first floor multipurpose room. 9. Consideration of resolution fixing date of public hearing on question of annexation pursuant to G.S. 160A-31, as amended. (Petition-initiated Contiguous Annexation)(Morgan Place, Section One - South Side of Cliffdale Road at Beaver Creek)(Recommended Public Hearing Date is March 15, 1993). This item was presented by Deputy City Manager Stancil with a recommendation for adoption of the resolution setting date of public hearing. RESOLUTION FIXING DATE OF PUBLIC HEARING (MARCH 15, 1993) FOR ANNEXING MORGAN PLACE - SECTION ONE (SOUTH SIDE OF CLIFFDALE ROAD AT BEAVER CREEK). RESOLUTION #R1993-011. Councilmember Cheek introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton. Councilmember Torrey requested to amend the motion to include Hollywood Heights since that area is next to the proposed area. City Manager Smith advised Mr. Torrey that this resolution is by petition and if the City includes an addition, it will need to follow a different process and a separate action. Mr. Torrey requested this be put on the March 1, 1993 agenda. Mayor Dawkins called for a vote and the resolution was adopted unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. 10. Consideration of adoption of a resolution for acceptance of an area designated as a park at Mimosa Lane and Dogwood Street. This item was presented by City Manager Smith with a recommendation to adopt the resolution to accept this property so the City can resell it. RESOLUTION AUTHORIZING ACCEPTANCE OF AREA SHOWN AS "PARK", ON PLAT BOOK 9, PAGE 50, CUMBERLAND COUNTY REGISTRY. RESOLUTION #R1993-012. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Torrey and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. 11. Consideration of an offer to purchase area designated as park at Mimosa Lane and Dogwood Street. This item was presented by City Manager Smith with recommendation to advertise for upset bids. This is a designated park area that is of no use to the Parks and Recreation Department or any other City department. Mr. Arbie Melvin, Sr., adjoining property owner, has made an offer of $300. Councilmember McBryde moved to advertise for upset bids as recommended, seconded by Councilmember Kendrick and carried unanimously. 12. Consideration of request from Councilmember Ida Ross to discuss improved lighting for Savoy Heights neighborhood. Jim Martin, PWC Director of Electrical Service, reviewed the report submitted in the packet and indicated that work should begin within a month or so in this area. At this time, Councilmember Cheek asked Mr. Martin if he was prepared to give a report on the Carolina Pines and Nix Road area lighting that she had requested some time ago. Mr. Martin responded this area is serviced by CP&L and PWC has contracted with them to do this but he is unaware if it has been done. Dr. Cheek asked Mr. Martin to please submit a report on this project at the next regular Council meeting. 13. APPOINTMENTS: A. Nominations to fill one vacancy on Human Relations Commission. Councilmember Blackwell moved to elect Mrs. Lois Moses by acclamation, seconded by Councilmember Ross and carried unanimously. Ms. Moses is filling the vacancy of Marie Presler with a term to march 1995. B. Nominations to fill one vacancy on N.C. Firemen's Relief Fund Board of Trustees. Councilmember Blackwell nominated James H. Kyle, Jr. to fill the vacancy of Scott Kelly to January 1995. 14. ADMINISTRATIVE REPORTS: A. Report of taxes collected for the month of January, 1993, from the Cumberland County Tax Collector. Council accepted the January tax collections report in the amount of $4,039.498.03. B. Report on storm drainage problems on Taft Street, Oakland Drive and Holiday Park Subdivision. C. Report on Scarborough Street storm drainage improvement project. D. Report on traffic operations at Morganton Road at Northview Drive and Dundee Drive. Following discussion, Councilmember Bolton moved to refer this item to Council's Streets and Roads Committee, seconded by Councilmember Cheek and carried unanimously. E. Report on Railroad Crossing Improvements - Hillsboro Street and Rowan Street. At this time, Councilmember Blackwell requested that thank you letters be sent from the Mayor and Council to all parties that worked on the Martin Luther King Day activities. 15. Consideration of Blanton Road Condemnations City Attorney Cogswell recommended that Case 92 CVS 603 for the first parcel of land coming off the 401 ByPass be settled for a total of $24,000 (including previous deposit). Councilmember Kendrick moved to follow the recommendation, seconded by Councilmember Robertson and carried unanimously. City Attorney Cogswell recommended settling the next two parcels on Blanton Road - Cases 92 CVS 605 and 606 be settled for a total of $83,000 for both cases. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Kendrick and carried unanimously. City Attorney Cogswell then recommended the City pay their appraisers a total not to exceed $500. Councilmember Kendrick moved to follow the recommendation, seconded by Councilmember Ross and carried unanimously. Councilmembers commended Mr. Cogswell for all the hard work that has been put into this project. 16. Consideration of Proposals to Honor the Reverend Dr. Martin Luther King, Jr. Councilmember Blackwell read the two-part motion as follows: "Part I I move that the Fayetteville City Council reaffirm its unanimous vote of May 4, 1992, to rename the Murchison Road in honor of the Reverend Dr. Martin Luther King, Jr., and to pursue this name change with the new State Board of Transportation. Part II Realizing that this process may take some time and may have the possibility of being rejected by State Officials, I move that the Fayetteville Human Relations Commission serve as a task force to provide the Fayetteville City Council with alternative ways to honor the legacy of Dr. Martin Luther King, Jr., and that the Human Relations Commission report back to council within 90 days or earlier and that the Human Relations Commission involve a diverse population in determining which recommendations to make the Fayetteville City Council." Councilmember Massey seconded the motion. Councilmember Torrey requested to address the first motion by saying this was already approved May 4, 1992, and did not need to be voted on again. In addressing the Part II motion, Mr. Torrey stated he feels there is no "diverse population" in Fayetteville. There is only a minority of people against the renaming the boulevard for Martin Luther King. Mr. Torrey recommended readopting motion number one again if that is what they wanted to do, but to withdraw the second motion because he feels the Afro-Americans have this issue under control and do not need the Human Relations Commission to handle the matter. Councilmember Blackwell requested to clarify his reasons for the motions. He stated he was not on the Council May 4, 1992, and would like to be included in the favorable vote the past council took and to make sure efforts would continue to move on this. His rationale for the second part of the motion was to encourage the Human Relations Commission to get as much input from as many citizens of all races, creeds, and colors in this community before a decision or recommendation is made. Mr. Blackwell stated the Human Relations Commission is a diverse group duly appointed by the Council and they will take this charge very seriously. Mr. Blackwell concluded by saying his only intention was to get this project moving again. Councilmember Torrey offered a substitute motion to Mr. Blackwell's motion by setting a public hearing on part I of the motion. Motion was seconded by Councilmember McBryde. Following lengthy discussion, Councilmember Bolton called for the question and the vote was unanimous to cease debate. Mayor Dawkins then called for a vote on the substitute motion to set a public hearing and it failed 4 to 5 with Councilmembers Kendrick, Blackwell, Massey, Cheek and Ross voting against. Mayor Dawkins called for a vote on the main motion to consider reaffirming the previous action and it carried 6 to 3 with Councilmembers McBryde, Bolton and Torrey voting against. At this time, Councilmember Cheek requested Mayor Dawkins write a letter to Representative Richardson concerning his sponsoring a local financial security bill to restore City revenues to cities and to all the other delegates encouraging them to support the bill in both houses when it comes up. Councilmember Blackwell requested to have the future agendas changed to have groups wishing to speak be put after the public hearings so they will not have to wait so long. City Manager Smith responded that he would check the ordinance on this. There being no further business, the meeting was adjourned at 11:12 p.m. upon motion and second. INFORMATION MEETING MINUTES MONDAY, FEBRUARY 22, 1993 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, FEBRUARY 22, 1993 7:00 PM Present: Mayor J. L. Dawkins Councilmembers Milo McBryde, Nat Robertson, Tommy Bolton, Robert A. Massey, Jr., Ida Ross, J. Breeden Blackwell (in at 7:45 p.m.), Thelbert Torrey, Suzan Cheek, Mark Kendrick Others Present: John P. Smith, City Manager; Roger L. Stancil, Deputy City Manager; John B. Ben Brown, Jr., Assistant City Manager for Administration and Finance; Jimmy Teal, Assistant City Manager for Planning and Development; Robert C. Cogswell, Jr., City Attorney Mayor Dawkins called the meeting to order and recognized Councilmember Ross for the invocation. Following the invocation, the Mayor led in the Pledge of Allegiance to the American Flag. Upon motion by Councilmember Kendrick, seconded by Councilmember Robertson, Council voted unanimously to excuse Councilmember Blackwell. Upon motion by Councilmember Kendrick, seconded by Councilmember Torrey, Council voted unanimously to approve the agenda. The first item for consideration was the presentation of the Scotch Spring Plaza Public Art Project. This presentation was made by Libby Seymour, Director of the Fayetteville/Cumberland County Arts Council and Al Frega, the artist proposed for this project. Upon motion by Councilmember Cheek, seconded by Councilmember McBryde, Council voted unanimously to match this project up to a maximum of $5,000. City Manager Smith then made a presentation concerning the proposed Watershed Protection Ordinance. Upon motion by Councilmember McBryde, seconded by Councilmember Bolton, Council voted unanimously to refer the proposed ordinance to the Planning Board. City Manager Smith then made a presentation concerning various alternatives in regard to the City's planning function. Upon motion by Councilmember McBryde, seconded by Councilmember Bolton, Council voted unanimously at 8:20 p.m. to convene into Executive Session for a performance review of the City Manager and the City Attorney. Upon motion by Councilmember Bolton, seconded by Councilmember Robertson Council voted unanimously to convene back into regular session at 9:50 p.m. Upon motion by Councilmember McBryde, seconded by Councilmember Massey, Council voted unanimously to adjourn at 9:51 p.m. REGULAR MEETING MINUTES MONDAY, MARCH 1, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, MARCH 1, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Robert A. Massey, Jr. (District 3) - absent Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Mike Walker, City Engineer Tim Wood, PWC Manager Sandy Saunders, Chairman Parks & Recreation Commission Ms. Lois Moses, Citizen Mr. Matthew Smith, Citizen 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 Reverend William E. Pauley, new pastor of Peace Presbyterian Church. RECOGNITION: Mayor Dawkins offered prayers and thoughts of Council to Councilmember Massey and family members due to the loss of his wife last Thursday. Councilmember Bolton moved to excuse Councilmember Massey from tonight's meeting, seconded by Councilmember Robertson and carried unanimously 8 to 0. 1. APPROVAL OF AGENDA City Manager John Smith requested correction to item 2J under electrical bidder - it should be "Robeson" instead of "Robinson" and move the item to 5B for Mr. Wood to present bid tabulation. Councilmember Robertson moved to approve the agenda with the correction and relocation of item 2J to 5B. The motion was seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Massey absent. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Cheek requested to pull item A, Councilmember Bolton pulled item E, Councilmember Blackwell pulled I and Councilmember Torrey pulled L, for discussion. Councilmember Bolton moved to approve the consent agenda with the exception of Items A, E, I, and L. After a second from Councilmember Robertson, the consent agenda and following items were unanimously approved. A. (Pulled for discussion) B. Approve minutes of information meeting of January 25, 1993. C. Approve minutes of information meeting of February 22, 1993. D. Approve tax refunds over $100. Taxpayer's Nature of Property Name Clerical Error Description Amount Arrow Equipment, Double listed on Equipment leased $200.48 Inc. bill #1242614 under to Crowell Con- Crowell Construc- structors, Inc. tors, Inc. on eval screen in M&E cost figures. V-2, Inc. Correct cost figures Arbys #938 $193.67 per information sub- mitted during audit. E. (Pulled for discussion) F. Approve resolution of the City Council of the City of Fayetteville releasing a portion of a utility easement. RESOLUTION RELEASING A PORTION OF A UTILITY EASEMENT (SANDROCK PROPERTY AT VILLAGE/IRELAND DRIVE INTERSECTION.) RESOLUTION #R1993-014. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. G. Approve revision of Chapter 20 of the City Code of the City of Fayetteville. ORDINANCE CREATING A NEW CHAPTER 20, MOTOR VEHICLE AND TRAFFIC. ORDINANCE #S1993-004. H Award of contract for purchase of 40,000' of 954 MCM Conductor to WESCO, low bidder in the amount of $33,905.20. (PWC) Bids were received as follows: WESCO (Raleigh, NC) $33,905.20 Rigby Electric (Rocky Mount, NC) $34,160.00 Eastern Electric (Raleigh, NC) $35,008.00 Power & Telephone (Nashville, TN) $36,078.00 Elite Electric (Charlottesville, VA) $36,635.00 HESCO (Smithfield, NC) $37,166.00 I. (Pulled for discussion) J. (Moved to item 5B) K. Award contracts in connection with Thermal Energy Storage System (Bond Project) to the following: (PWC) 1. Award Contract 12: Pipe & Coil Support Construction to Crowder Construction in the amount of $2,779,911. Bids received were as follows: Crowder Construction (Morrisville, NC) $2,779,911 Ellis-Walker Builders (Fayetteville, NC) $2,788,828 2. Award Purchase Order #4: Motor Control C enter To Rigby Electric Supply in the amount of $47,515. Bids received were as follows: Rigby Electric Supply (Rocky Mount, NC) $47,515 Power Supply, Inc. (Matthews, NC) $47,550 WESCO (Raleigh, NC) $79,732 L. (Pulled for discussion) M. Award contract for purchase of Item Remittance Processor to Unisys Corporation, low bidder in the amount of $91,559. (PWC) Bids received were as follows: Unisys Corporation (Raleigh, NC) $91,559 Standard Register (Raleigh, NC) $92,915 2A. Approve minutes of regular meeting of January 19, 1993. Councilmember Cheek requested to amend the minutes to include part of the discussion on the motion for Item 3A, last paragraph, last sentence, after Councilmember Kendrick's second, by adding the following: There was discussion and questions by councilmembers. Dr. Cheek stated she feels it is very important that this land be acquired by Federal Government and we should work for that to happen. She quoted from Planning Board minutes that they (Federal Government) want to purchase the land, but until then they requested that the land be rezoned to develop at the least number of dwellings possible. Dr. Cheek stated she feels that R15 is the only zone we can do tonight, because it is the largest lot size the City can require until the government can purchase the land and out of the possibility of being developed residential of any size. She feels the property owner is interested in working for the good of the community also. Councilmember Cheek moved to approve the minutes of the January 19 meeting as amended, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Massey absent. 2E. Set joint public hearing for March 15, 1993, between Fayetteville City Council and Fayetteville Historic Resources Commission to consider designation of the following as historic properties: 1. The First Presbyterian Church 2. The Edgar Allan Poe House 3. The (former) Fayetteville Mutual Insurance Company Building. Councilmember Bolton asked if this is to be a joint meeting with the Historic Resources Commission and City Attorney Cogswell responded that the Historic Resources Commission will be present at the public hearing portion and council will be receiving information with the agenda for that meeting. Councilmember Bolton moved to approve setting the public hearing as requested, seconded by Councilmember Cheek and carried unanimously 8 to 0 with Councilmember Massey absent. 2I. Award of contract for HVAC contract for the Glenville Lake Water Treatment Plant Expansion (bond project) to J. J. Barnes, Inc., lower bidder in the amount of $95,890. (PWC) Bids received were as follows: J. J. Barnes, Inc. (Fayetteville, NC) $ 95,890 AMECO, Inc. (Lumberton, NC) $107,926 Crowder Construction Co. (Charlotte, NC) $117,000 Carolina Air Conditioning Co., Inc. (Durham, NC) $148,900 Refrigeration and Heating Co., Inc. $165,540 (Fayetteville, NC) Councilmember Blackwell commended PWC for finding a qualified low bidder from Fayetteville. 2L. Award contract for purchase of Self-Propelled Color TV Inspection System to Telespector, low bidder in the amount of $32,203. (PWC) Bids received were as follows: Telespector (Auburn Hills, MI) $32,203 Buchen S.I.S. (Chaska, MN) $38,673 Pearpoint (Palm Springs, CA) $49,525 Councilmember Torrey asked Mr. Wood to explain what the item is. Mr. Wood described it as a camera run underground to take pictures where faults exist to enable them to make repairs without tearing up so much area. 3. Consideration of request from Charles Evans and Lois Moses to address City Council. Ms. Lois Moses appeared requesting council to consider endorsing the Cumberland County Civic Center being renamed after Martin Luther King, Jr. She stated she realized they would have to appear before the County Commissioners in order to have this done. Council took no action. 4. Consideration of adoption of ordinance closing Morgan Lane from Park Street to the western edge of Lot 10. (Continued from February 16, 1993 meeting) Appearing: Mr. Matthews Smith) Mr. Matthew Smith stated he and staff had met once and then he had to go out of town and requested council to continue this matter until the March 15 meeting. Councilmember Bolton asked Mr. Clark, Attorney for Mrs. Suggs, if this continuance would be acceptable to him and he had no objections. Councilmember Kendrick moved to continue this item to March 15, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Massey absent. City Manager Smith reminded Council that he had submitted 3 options and that if the street is closed, Matthew Smith should provide a turn around area. Staff would like to see both parties accommodated. 5. Consideration of award of contract for substation control buildings. This item was presented by PWC Manager Wood with a recommendation to award the contract to the lowest bidder meeting specifications. Bids received are attached to and made a part of these minutes. Councilmember Robertson moved to follow the recommendation, seconded by Councilmember Ross and carried unanimously 8 to 0 with Councilmember Massey absent. 5B. Consideration of award of contract for Septage Receiving Facility, Cross Creek Water Reclamation Plant for General to Nortec Construction Services in the amount of $311,087 and for electrical to Robeson Electric Company in the amount of $45,000. This item was presented by PWC Manager Wood with a recommendation to award the general construction to Nortec Construction Service in the amount of $356,231. Bids received were as follows: Crowder Construction Co. (Morrisville, NC) $392,700 NORTEC Construction Company (Fayetteville, NC) $356,231 Ellis-Walker Co. (Fayetteville, NC) $486,873 Mr. Wood recommended awarding the electrical contract to Robeson Electric Company for $45,000. Bids received were as follows: NORTEC (Fayetteville, NC) $311,087 Robeson Electric $45,000 Councilmember McBryde moved to award the electrical contract to Robeson Electric in the amount of $45,000 as recommended, seconded by Councilmember Robertson and carried unanimously 8 to 0 with Councilmember Massey absent. 6. Consideration of adoption of a resolution authorizing sale of City property located on Russell Street. City Manager Smith presented this item stating we have received two potential upset bids but there are some questions concerning conditions to be evaluated, therefore, he is requesting this item be continued until the next regular meeting. Councilmember Cheek moved to continue this item until March 15, seconded by Councilmember Blackwell and carried unanimously 8 to 0 with Councilmember Massey absent. 7. Consideration of request from Habitat for Humanity for in the Wilmington Road Redevelopment Area. This item was presented by City Manager Smith for approval of Habitat's request for additional lots 38, 39, 40 and 41 located on Sessoms Street. City Attorney Cogswell suggested the same stipulation be made that this will be for Habitat use only. Councilmember McBryde moved to approve the deed of City property and with the stipulation as recommended, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Massey absent. 8. Consideration of the following Parks and Recreation matters: A. Consideration of policy for naming or renaming of Parks and Recreation property. Parks and Recreation Chairman Reverend Sandy Saunders presented this item with a recommendation that council approve the policy with four steps for naming or renaming of parks and recreation property. Councilmember McBryde moved to adopt the policy as recommended and seconded by Councilmember Bolton. Following discussion, a friendly amendment was offered by Councilmember Cheek for an addition of item 5 for all recommendations to be forwarded to City Council for final action and accepted by Councilmembers McBryde and Bolton. Mayor Dawkins called for a vote and the motion carried unanimously 8 to 0 with Councilmember Massey absent. The policy #140.3 is as follows: I. All requests for naming or renaming of Parks and Recreation property must be submitted to the Parks and Recreation Advisory Commission for review. II. A public hearing shall be held before the naming or renaming of any Parks and Recreation property. The public hearing will occur prior to recommendation to City Council. All public hearings will be held in accordance with City Council Policy. III. Parks and Recreation property may be named or renamed in honor of individuals or organizations who have made significant contributions to the quality of life in the community through their achievements, leadership, service and civic or financial donations. IV. The Commission will not consider renaming of any Parks and Recreation property which has previously been named for an individual. V. All recommendations of the Parks and Recreation Advisory Commission shall be forwarded to City Council for final action. B. Consideration of initiation of process for renaming of Lamon Street Park to Veterans Memorial Park. This item will be subject to the new policy - council took no action. C. Consideration of adoption of resolution establishing a state-wide parks matching grant program for cities and counties. Reverend Sandy Saunders, Chairman of the Parks and Recreation Commission presented this item with a request for adoption of a resolution. RESOLUTION FOR NORTH CAROLINA PROGRAM TO SUPPORT PARK AND RECREATION LAND ACQUISITION AND DEVELOPMENT. RESOLUTION #R1993-015. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Massey absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 9. Consideration of resolutions directing the clerk to investigate petitions received under G.S. 160A-31 (Petition-Initiated Contiguous Annexation Areas) Items A and B were presented by Deputy City Manager Stancil with a recommendation to adopt the resolutions that will avoid the creation of island areas in the rear portion of these properties. A. Lovin Property - rear portion of property located at 3516 Kelburn Drive. RESOLUTION DIRECTING CLERK TO INVESTIGATE ANNEXATION PETITION. RESOLUTION #R1993-016. Councilmember Robertson moved to adopt the foregoing resolution, seconded by Councilmember Bolton and carried 7 to 1 with Councilmember Torrey voting in opposition and Councilmember Massey absent. B. Prescott Property - rear portion of property located at 3512 Kelburn Drive. RESOLUTION DIRECTING CLERK TO INVESTIGATE ANNEXATION PETITION. RESOLUTION #R1993-017. Councilmember Kendrick moved to adopt the foregoing resolution, seconded by Councilmember Robertson and carried 7 to 1 with Councilmember Torrey voting in opposition and Councilmember Massey absent. A copy of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1993. 10. Consideration of resolution fixing date of public hearing on question of annexation pursuant to G.S. 160A-31, as amended (Petition-Initiated Contiguous Annexation Area) (Country Club North, Section 7, and Adjacent Properties) NOTE: This area consists of the following five petition areas which have been combined into one area: Properties of Biltwell, Inc.; March Development Corporation; James G. Lucas and wife, Lowell Lovin and wife, and Thomas Prescott and wife. Deputy City Manager Stancil presented this item with a recommendation for adoption of the resolutions setting the public hearing for March 15th meeting. Mr. Stancil stated the petitioners added wetlands at staff's request. RESOLUTION FIXING DATE OF PUBLIC HEARING FOR ANNEXATION. RESOLUTION #R1993-018. Councilmember McBryde moved to adopt the foregoing resolution, seconded by Councilmember Bolton and carried 7 to 1 with Councilmember Torrey in opposition and Councilmember Massey absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 11. Report from Policy Committee: A. Consideration of policy regarding rental of City Hall. Councilmember McBryde, Chairman, presented this item and City Manager Smith stated the recommendation was not to allow rental of City Hall to proprietary functions unless it is a nonprofit agency receiving City funds. A fee schedule can be presented to Council at a later date. Councilmember McBryde moved to follow the recommendation, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Massey absent. 12. Appointments: A. Nominations to fill two vacancies on the Human Relations Commission. Councilmember Ross nominated Mr. James A. Florence for a second term to March 1995. There were no nominations for the vacancy of Mary Davis. B. Nominations to fill one vacancy on North Carolina Firemen's Relief Fund Board of Trustees. Mayor Dawkins stated that J. H. Kyle, Jr. was nominated at the last meeting by Councilmember Blackwell to fill the vacancy of Scott Kelly and then called for a vote to elect Mr. Kyle and it carried unanimously 8 to 0 with Councilmember Massey absent. C. Nominations to fill one vacancy on Redevelopment Commission. Councilmember Cheek nominated Mrs. Eva Ruth to fill the unexpired term of Matthew Jarmond to December 1993. Dr. Cheek stated that Mrs. Ruth would resign from the Board of Appeals on Buildings and Dwellings if she is elected to this board. 13. Administrative Reports: A. Report on tax refunds of less than $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. B. Report on annexation of Hollywood Heights - submitted in agenda packet. At this time Councilmember Robertson requested staff evaluation for City Manager and City Attorney be scheduled for the first meeting in July. Mr. Smith suggested he put this on the next agenda. Councilmember Cheek requested a report on wetlands from staff. There being no further business, the meeting was adjourned at 8:07 p.m. upon motion and second. REGULAR MEETING MINUTES MONDAY, MARCH 15, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, MARCH 15, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Ida Ross (District 2) - absent Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Mike Walker, City Engineer Craig Hampton, Administrative Services Director Walter J. Haire, Jr., Housing Inspector Lisa Novick, Historic Resources Planner Sue B. Bandy, Chairman of the Historic Resources Commission Dr. Jon Young, member of the Historic Resources Commission Ranny Nimocks, member of the Historic Resources Commission Wayne McGary, member of the Historic Resources Commission Robin Legg, Olde Fayetteville Association 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 Reverend Johnson Gupton, pastor of Second Baptist Church, Person Street, offered the invocation followed by members of Boy Scout Pack 40 WEBLOs leading in the pledge of allegiance to the American Flag. 1. Approval of Agenda City Manager Smith requested correction to items 2A and B - should be setting public hearing for April 19 instead of approving rezoning. Mr. Smith stated that John Shaw is to speak instead of Mr. Clark on Item 4 because of Mr. Clark's illness. City Attorney Cogswell requested that on Item 4, this should also be a resolution and order instead of an ordinance. He requested adding a request by Adam Brinkley for legal representation and Mr. Cogswell recommended Rudolph Singleton, which would be consent item 2P. Mayor Dawkins requested to add item 17 for reference to progress being made concerning property near Simmons Air Force Base. Councilmember Robertson moved to approve this addition, seconded by Councilmember Cheek. Councilmember Bolton moved to approve agenda with the additions and corrections as requested. Motion was seconded by Councilmember Robertson and carried unanimously 8 to 0 with Councilmember Ross absent. City Manager Smith stated that Councilmember Ross had called stating she would be late to the meeting due to attending the County Commissioners meeting on the Eufaula Street item. Councilmember Bolton moved to excuse Ms. Ross until her arrival, seconded by Councilmember Torrey and carried unanimously. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Blackwell requested to pull items G and J for discussion. Councilmember Bolton moved to approve the consent agenda with the exception of G and J and with the corrections to A and B and the addition of 2P as requested. After a second from Councilmember Kendrick, the consent agenda and following items were unanimously approved. A. Set public hearing for April 19, 1993, to consider the rezoning from R6 Residential District and C1P Shopping Center District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 338 Cedar Creek Road. (P93-1) B. Set public hearing for April 19, 1993, to consider the rezoning from P2 Professional District to C1 Local Business District or to a more restrictive zoning classification for an area located at 305 Owen Drive. (P93-14) C. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located south of Southland Drive and north of McArthur Road, east of Stacey Weaver Drive. (P93-15) D. Adopt Special Revenue Project Ordinance 93-6. The Governor's Highway Safety Program (GHSP) has approved the Fayetteville Police Department's grant application for funds to provide "overtime enforcement effort to increase seat belt usage." The GHSP grant provides $10,000 for reimbursement of overtime and fringe benefit costs related to the increased enforcement effort. The City's contribution of $500 is for printing costs. E. Authorize advertisement for sale of surplus City property. St. Joseph's Episcopal Church made an offer to purchase area jointly owned by City/County known as Cottage Rear, 412 Gillespie Street, in the amount of $1,000. F. Adopt resolution authorizing advertisement for sale of surplus City property: 1. Tract Julliard Drive and Louisburg Place RESOLUTION AUTHORIZING ADVERTISEMENT FOR SALE OF CITY PROPERTY. RESOLUTION #R1993-019. 2. Tract Dodge Drive and Northplatte Road RESOLUTION AUTHORIZING ADVERTISEMENT FOR SALE OF CITY PROPERTY. RESOLUTION #R1993-020. 3. Tract Butternut Drive and Hornbeam Road RESOLUTION AUTHORIZING ADVERTISEMENT FOR SALE OF CITY PROPERTY. RESOLUTION #R1993-021. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1993. G. (Pulled for discussion) H. Award contract for Annual Street Resurfacing Project to Barnhill Contracting Co., Inc., low bidder in the amount of $1,108,560. Bids received were as follows Barnhill Contracting Co., Inc. $1,108,560.00 Crowell Constructors, Inc. $1,137,810.00 City Estimate $995,287.50 I. Set public hearing for April 5, 1993, to consider speed limit reduction on Sourwood Drive. J. (Pulled for discussion) K. Approve bid award for purchase of sixty (60) 50 kVa CSP Transformers to Eastern Electric, low bidder meeting specifications in the amount of $43,740. (PWC) Bids received were as follows: Power & Telephone (Nashville, TN) $43,740 Tennessee Valley (Charlotte, NC) $45,720 National Transformer (Wake Forest, NC) $48,180 Eastern Electric (Raleigh, NC) $48,360 HESCO, Inc. (Smithfield, NC) $50,700 WESCO (Raleigh, NC) $53,040 Power Supply (Matthews, NC) $64,140 Rigby Electric (Rocky Mount, NC) $64,320 L. Approve bid award for purchase of thirty (30) 25 kVa Padmount Transformers to Eastern Electric, low bidder meeting specifications in the amount of $27,060. (PWC) Bids received were as follows: Eastern Electric (Raleigh, NC) $27,060 National Transformer (Wake Forest, NC) $30,510 Rigby Electric (Rocky Mount, NC) $32,580 Power Supply (Matthews, Inc.) $32,700 Power & Telephone (Nashville, TN) $33,990 WESCO (Raleigh, NC) $40,230 HESCO, Inc. (Smithfield, NC) $26,490 M. Approve bid award for purchase of one hundred (100) 50 kVa Padmount Transformers to Eastern Electric Supply, low bidder meeting specifications in the amount of $108,200. (PWC) Bids received were as follows: Eastern Electric (Raleigh, NC) $108,200 National Transformer (Wake Forest, NC) $120,700 Rigby Electric (Rocky Mount, NC) $123,600 Power Supply (Matthews, NC) $124,000 WESCO (Matthews, NC) $129,300 Power & Telephone (Nashville, TN) $136,500 HESCO, Inc. (Smithfield, NC) $104,900 N. Approve bid awards for Thermal Energy Storage (TESS) Project to the following: 1. Contract 6: Mechanical Construction: Crowder Construction Company, low bidder in the amount of $2,842,000. Bids received were as follows: Crowder Construction Co. (Spartanburg, SC) $2,842,000 Cleveland Construction (Atlanta, GA) $3,919,995 2. Contract 7: Electrical Construction: Eldeco, Inc., low bidder in the amount of $1,084,000. Bids received were as follows: Eldeco, Inc. (Greenville, SC) $1,084,000 McCarter (Laurinburg, NC) $1,183,517 3. Contract 11: Refrigeration Equipment Installation: Cleveland Consolidated, Inc., sole bidder in the amount of $1,037,843. O. Approve 1992 Thermal Energy Storage System Bonds Capital Project Fund, Budget Amendment No. 1. P. Approve legal representation by Rudolph Singleton for Adam Brinkley on Dover vs City of Fayetteville, et als. in Superior Court of Cumberland County. 2G. Adopt demolition ordinances for the following locations: Councilmember Blackwell stated he only wanted to commend Inspector Walter Haire and the Inspection Department for proceeding with condemnations of the old buildings that are not being kept up to standards. Councilmember Blackwell moved to adopt the demolition ordinances for #1 through #4, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Ross absent. 1. Property located at 312 Wilmington Road. (Owner: Jessie Gainey and Ruther Mae Gainey) DEMOLITION ORDINANCE FOR DWELLING. ORDINANCE #NS1993-010 2. Property located at 1604 Staley Street. (Owner: Mary O. McNeill) DEMOLITION ORDINANCE FOR DWELLING. ORDINANCE #NS1993-011 3. Property located at 411 Davis Street. (Owner: Edna Burch, Francis Aughsburn, Annie Gamble, Annie B. Williams.) DEMOLITION ORDINANCE FOR DWELLING. ORDINANCE #NS1993-012 4. Lots 89 and 90, Deep Creek Road. (Owner: Michael A. Rhone) DEMOLITION ORDINANCE FOR DWELLING. ORDINANCE #NS1993-013 Copies of the foregoing ordinances are on file in the Clerk's office in Ordinance Book NS1993. 2J. Set public hearing for April 5, 1993, to consider street name changes on the following: Councilmember Blackwell asked why there was no backup information in the agenda from the Planning Board as to why they wanted to change the name of the streets and requested this to be done in the future. Councilmember Blackwell moved to follow the recommendation to set the public hearing for April 5, seconded by Councilmember Kendrick and carried unanimously with Councilmember Ross absent. 1. "Kipawa Court", located north of Morganton Road and east of Queensberry Drive is to be renamed to "Woodsage Circle". 2. "Adams Street" located north of Person Street, east of B Street and south of School Street is to be renamed to "Adam Street". 3. "Mitchell Boulevard", located east of Ireland Drive and south of Madison Avenue, is to be renamed as "Dole Avenue." 3. Public Hearings: Mayor Dawkins read the policy on public hearing speakers and nonpublic hearing speakers. A. Consideration of designation of the following as historic properties. (Joint public hearing between Fayetteville City Council and Historic Resources Commission): Historic Resources Planner Lisa Novick introduced Historic Property applicant owners present and Commission members Sue B. Bandy, Chairman, Dr. Jon Young, Ranny Nimocks and Wayne McGary present. Ms. Novick stated these properties are on the National Registry which is an honorary recognition. The City needs to provide an ordinance for local designation for protection of the property. This is the advertised public hearing for this date and hour. 1. The First Presbyterian Church The public hearing was opened at 7:30 p.m. and Chairman Bandy stated she was available for questions. There being none to speak in favor or opposition, the public hearing was closed. AN ORDINANCE DESIGNATING THE FIRST PRESBYTERIAN CHURCH, ANN STREET, AS AN HISTORIC LANDMARK. ORDINANCE #NS1993-014. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Ross absent. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. 2. The Edgar Allen Poe House The public hearing was opened at 7:32 p.m. and there being none to be heard for or against, the public hearing was closed. AN ORDINANCE DESIGNATING THE EDGAR ALLAN POE HOUSE, 206 BRADFORD AVENUE, AS AN HISTORIC LANDMARK. ORDINANCE #NS1993-015. Councilmember Blackwell introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Ross absent. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. 3. The (former) Fayetteville Mutual Insurance Company Building The public hearing was opened at 7:33 p.m. and there being none to be heard for or against, the public hearing was closed. AN ORDINANCE DESIGNATING THE FAYETTEVILLE MUTUAL INSURANCE COMPANY BUILDING, 320 HAY STREET, AS AN HISTORIC LANDMARK. ORDINANCE #NS1993-016. Councilmember Massey introduced the foregoing ordinance moved its adoption, seconded by Councilmember Cheek and carried unanimously 8 to 0 with Councilmember Ross absent. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. B. Consideration of adoption of resolution and order closing Lauvina Avenue from Old Wilmington Road to dead end at eastern line of Dr. P. N. Melchor property. This item was presented by City Manager Smith with a recommendation to adopt the resolution and order. Mr. Smith added that we have reserved an all purpose easement. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:35 p.m. Petitioner, Matthew Smith, 3101 Hyman Place made himself available for questions. There being none to speak for or against, the public hearing was closed. RESOLUTION AND ORDER CLOSING LAUVINA AVENUE. RESOLUTION #R1993-022. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Ross absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. C. Consideration of two ordinances to extend the corporate limits of the City of Fayetteville, NC (Two Petition-initiated contiguous annexation areas) 1. Country Club North, Section 7 and Adjacent Properties. (Located west of Spy Glass Drive and east of Kelburn Drive.) Note: This area consists of the following five petition areas which have been combined into one area: Properties of Biltwell, Inc., March Development Corporation, James G. Lucas and wife, Lowell Lovin and wife, and Thomas Prescott and wife. The annexation report was presented by Deputy City Manager Stancil with a recommendation for adoption of the ordinance. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:40 p.m. and there being none to speak in favor or opposition to this annexation, the public hearing was closed. ORDINANCE EXTENDING THE CORPORATE LIMITS (COUNTRY CLUB NORTH, SECTION 7 AND ADJACENT PROPERTIES). ANNEXATION ORDINANCE #93-03-363. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Blackwell and carried 7 to 1 with Councilmember Torrey opposed and Councilmember Ross absent. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1993. 2. Morgan Place, Section One (Located south of Cliffdale Road at Beaver Creek) This item was presented by Deputy City Manager Stancil with a recommendation for adoption of the ordinance. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:42 p.m. and there being none to be heard in favor or opposition the public hearing was closed. ORDINANCE EXTENDING THE CORPORATE LIMITS (MORGAN PLACE SECTION ONE, SOUTHSIDE OF CLIFFDALE ROAD AT BEAVER CREEK). ANNEXATION ORDINANCE #93-03-364. Councilmember Cheek introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Robertson and carried 7 to 1 with Councilmember Torrey in opposition and Councilmember Ross absent. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1993. 4. Consideration of adoption of resolution and order closing Morgan Lane from Park Street to the wester edge of Lot 10. (Continued from March 1, 1993, meeting) (Appearing: Mr. Matthew Smith and Mr. William E. Clark) This item was presented by City Manager Smith stating that since there is opposition from property owners on the street, his recommendation is to take no action. Matthew Smith presented photographs of the area showing the condition of the road in addition to the relationship of the properties in question. He asked Council to reconsider and close the street. Attorney John Shaw appeared in the absence of William Clark. Mr. Shaw had a list of a large number of residents on this street that wants it left open. Councilmember McBryde moved to take no action, seconded by Massey, carried 7 to 1 with Councilmember Bolton opposed and Councilmember Ross absent. 5. Consideration of request from Reverend J. L. Godbolt to address City Council. Reverend Godbolt stated that Dr. Hackley was here on behalf of his church. Reverend Godbolt proposed a compromise by beginning the street at North Street and extend it down to the church and "T" it at the end. This will reduce the cost and give the church access from North Street exit. Councilmember McBryde asked Dr. Hackley for his comments. Dr. Hackley stated he supported this request because Reverend Godbolt is a child advocate, mentor and tutor and this would give another center to help children become responsible citizens. He stated that saving five children from prison would pay for the original price of the street. He feels this program would save more than five children. City Manager Smith reviewed the situation concerning Reverend Godbolt's request. Reverend Godbolt's church had purchased property and spent money for plans to build a new church under the assumption that this new street would be constructed, only to discover that it had been removed from the list. Council has previously considered a request by Reverend Godbolt to reinstitute the Rosehill Road extension project, which would be approximately $750,000. Council asked staff to meet with Reverend Godbolt to explore other options. The option explored was the construction of a portion of the Rosehill Road project at an estimated cost of $125,000. Jimmy Teal, from the City Manager's office, who has been working with Reverend Godbolt on this project, does not recommend that the City construct the street at this time. Mr. Smith stated he could not recommend this expensive street construction to benefit one property only. Following some discussion, Councilmember Cheek moved to refer this to staff to see if we can allow Reverend Godbolt to use the PWC utility easement road as a driveway from North Street at his expense. Motion was seconded by Councilmember Torrey and carried 8 to 0 with Councilmember Ross absent. 6. Consideration of request from Guy A. Ciampa to address City Council. Mr. Ciampa thanked Council for granting him a Special Use Permit to put the mini-storage on Gary Street, but now finds out he needs to get a variance on the sign ordinance in order to put a sign up, without advertisement, to let it be known where his business is located since you cannot see it from Pamalee Drive. City Manager Smith stated that staff has no objection to a directional sign only and a size limitation of 32 square feet to be placed on the sign. Councilmember McBryde moved to follow the recommendation of staff to grant the variance with the limitations and for the final approval by Inspection Director. The motion was seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Ross absent. 7. Consideration of adoption of a resolution authorizing sale of City property located on Russell Street. City Manager Smith presented this item stating that the property in question is a portion of the City-owned parking lot which currently serves the law enforcement center (LEC). A proposal was made to the City to develop the property adjacent to it and make this a part of that property in order to build an office building and provide some additional development for downtown. Mr. Smith said he would not recommend selling the property just for the sake of selling it because in the future when we move out of the LEC, we might be able to sell the entire lot. He continued that he could only recommend we reject all bids that have been submitted at this point and then we can explore other legal means of developing the property or just hold on to it. Councilmember Kendrick moved to follow the City Manager's recommendation, seconded by Councilmember Robertson and carried unanimously 8 to 0 with Councilmember Ross absent. 8. Consideration of revision to Section 32-59.1, "Signs Permitted in Any District" of the City of Fayetteville Zoning Ordinance. (Appearing: Robin Legg, Olde Fayetteville Association) This item was presented by City Manager Smith. Mr. Smith said that Council has at least three options: (1) To extend the contract under the same conditions for one year; (2) extend the contract and let it expire at the end of the year and go to an open market situation and let the customer select their own contractor; or (3) put the contract out for bid for another year. Mr. Smith's recommendation is to not rock the boat as far as an occurrent commercial customers are concerned for at least another year. Councilmember Bolton moved to refer this item to the Planning Board and seconded by Councilmember Kendrick. Ms. Robin Legg requested that an amendment be made to add another request that they refer their Special Use Permit for a specific location to the Planning Board concurrent with amendment (Z). The amendment was accepted by Councilmembers Bolton and Kendrick and the motion carried unanimously 8 to 0 with Councilmember Ross absent. The amendment (Z) is as follows: Festival signs. For the purpose of giving directions and information, off-premises signs and on-site signs pertaining to festivals and special events. Such signs are permitted with approval by the City Council subject to a special use permit specifying the size, location, lighting, design and display. The number of signs is set by the City Council. 9. Consideration of extension of Commercial Solid Waste Service Agreement between City of Fayetteville and American Refuse Systems, Inc. City Manager Smith gave Council some background on this contract. He said that service contracts do not have to be put out for bids. This contract was awarded for one year on a competitive bid basis. ARS made a proposal to renew the contract for one more year with the same terms and conditions and Mr. Smith's recommendation was to extend the contract for one more year since we reviewed the options. Councilmember Cheek moved to rebid the contract, seconded by Councilmember Robertson. Councilmember Kendrick offered substitute motion to bring this item back to the Information meeting with more information, seconded by Councilmember Bolton. Councilmember Robertson stated he would have to support the main motion to rebid because the bid process is a healthy process and we would get a better price. The substitute motion carried 5 to 3 with Councilmembers Robertson, Massey and Cheek voting in opposition and Councilmember Ross absent. 10. Consideration of award of the following purchase contracts: A. Lease Purchase Contract for Fire Apparatus Vehicles to TBC Fabrication, Inc., lowest responsible bidder in the amount of $467,044 for two vehicles. The bid tabulation is attached to and made a part of these minutes. Councilmember Robertson moved to award the contract as recommended to the lowest responsible bidder, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Ross absent. B. Lease Purchase Contract for two Vacuum Street Sweepers to North Carolina Equipment Company in the amount of $209,194. *Before Item 14 Mr. Smith requested that the minutes reflect that both street sweepers will be lease purchase. Mr. Smith stated this is a purchase award for one street sweeper and a lease purchase for the second contingent upon Council approving the maintenance agreement with NCDOT. Councilmember Bolton moved to award the purchase agreement for one street sweeper and the lease purchase for the second contingent upon approving the maintenance agreement with NCDOT. The motion was seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Ross absent. 11. Report from City-County Liaison Committee. This item was presented in the agenda packet. Mr. Smith stated the committee recommends that Council endorse the recommendations made by the City and County Managers regarding joint development standards in the urban area. Councilmember Kendrick moved to follow the recommendation, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Ross absent. The uniform development standards are as follows: 1. Delineate an urban services area. A logical first step is to delineate the area of the county that is likely to become urbanized in the foreseeable future (next 20 years). To the extent that development density is an indicator of urbanization and that density is impacted by sewage treatment capability, it seems reasonable to assume that urbanization over the next 20 years will most likely occur in the portion of the county that can be served by the Cross Creek, Rockfish and Spring Lake waste water treatment plants. Through the application of growth management techniques and the planned extension of urban services, urbanization should be encouraged in this area and discouraged in other areas of the county. Uniform development standards are one of the growth management techniques that should be applied in the urban services area. 2. Adopt the following uniform development standards for application in the urban services area: a. The City should adopt the North Carolina Department of Transportation street construction and design standards with a stipulation that concrete curb and gutter be required. b. The County should amend its subdivision regulations to require concrete curb and gutter. c. The City and County should adopt the City Engineer's storm drainage standards. d. The County should adopt the City's sidewalk standards. e. The County should adopt the City's fire hydrant standards. f. The City and the County should adopt the various zoning ordinance and subdivision regulation changes noted in the attached memorandum from the Planning Director. 3. Create a single joint technical review team for processing all subdivision plats and site development plan reviews in the urban services area. The technical review team should consist of representatives from the City Manager's Office, City Engineering Department, City Traffic Services Department, City Inspections Department, Public Works Commission, Joint Planning Board staff, and the North Carolina Department of Transportation. 4. Review the current City and County standards for private streets and develop uniform private street standards for application in the urban services area. 5. Develop a policy regarding requirements for mandatory installation and/or connection to public water and sewer systems for new development within the urban services area. 12. Discussion of placing City Seal on brickwork under Market House. (Requested by Councilmember Tommy Bolton) Councilmember Bolton requested that Robin Legg, with the Olde Fayetteville Association, meet with City staff to see where the repleca City seal can be placed in a prominent place under the Market House. Ms. Legg stated she would be happy to work with the staff and to bring back some cost estimates to have this done. 13. Discussion of appointments to Public Works Commission Board. (Requested by Councilmember Nat Robertson) Councilmember Robertson requested that this item be removed from the agenda, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Ross absent. At this time City Manager Smith requested that a correction be made to item 10B to show that both street sweepers will be lease purchased. 14. Set City Manager and City Attorney evaluations for July 26, 1993. Councilmember Bolton moved to set the date for the evaluations as recommended, seconded by Councilmember Robertson and carried unanimously 8 to 0 with Councilmember Ross absent. 15. APPOINTMENTS: A. Nominations to fill two vacancies on Human Relations Commission. Councilmember Torrey moved to elect James Florence by acclamation to serve a second term to March 1995, seconded by Councilmember Massey and carried unanimously 8 to 0 with Councilmember Ross absent. Councilmember Massey nominated Pamela Elkins to fill the vacancy of Mary Davis to March 1995. B. Nominations to fill one vacancy on Redevelopment Commission. Mayor Dawkins called for a vote on the nomination of Eva Ruth to fill the unexpired term of Matthew Jarmin to December 1993 and the vote was unanimous. 16. ADMINISTRATIVE REPORTS A. Statement of taxes collected for the month of February, 1993, from the Cumberland County Tax Collector. Council accepted the report of taxes collected for February in the amount of $551,937.28. 17. Discussion of McLean Property near Simmons Air Force Base. Mayor Dawkins stated he wanted the City to follow up on this situation with the property near the Simmons Air Field. Councilmember Robertson moved to refer this to staff, seconded by Councilmember Cheek. Councilmember McBryde requested an amendment to the motion to look into zoning classification that meets the standards required by the U.S. Government. This amendment was accepted. Mayor Dawkins called for a vote and it carried unanimously 8 to 0 with Councilmember Ross absent. At this time Mr. Smith introduced Craig Hampton who was recently promoted to Director of Administrative Services from Purchasing Agent. Councilmember Bolton commended the Fayetteville Police Officers for their hard work resulting in the annual report showing a decrease in violent crimes. There being no further business the meeting was adjourned at 9:30 p.m. upon motion and second. INFORMATION MEETING MINUTES MARCH 22, 1993 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES CITY HALL COUNCIL CHAMBERS MARCH 22, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson, Jr. (at-large) (excused); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan 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 for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer David Nash, Annexation Studies Coordinator George Vaughan, Cumberland County Joint Planning Board Director Tim Wood, 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 An invocation was offered. It was followed by the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Pro-Tem Blackwell moved to excuse Councilmember Robertson from the meeting until he arrived, seconded by Councilmember Kendrick and carried unanimously. Councilmember Robertson arrived at the meeting at 7:05 p.m. Mayor Dawkins praised Councilmember Ross for her appearance at a recent Fort Bragg function. He read a letter of commendation from Sharon A. Hargett, Chief, Public Affairs, Department of U.S. Army Recruiting Battalion, Raleigh. Mayor Dawkins restated his belief that it is extremely important for the City to maintain a good working relationship with the military community. 1. Approval of Agenda. Councilmember Bolton moved to approve the agenda, seconded by Councilmember Ross and carried unanimously. 2. Discussion of Commercial Solid Waste Service agreement. City Manager John Smith presented this item. He set out the following basic options for action: 1. City enters into a one-year contract with ARS with the City paying the collection cost of one pick-up per week. Customers would pay the disposal fee. Customers would also pay a collection fee of 54 cents per cubic yard for additional collection beyond once per week. The advantage of this arrangement is a fixed price. The disadvantage is the elimination of competition. 2. Advertise for proposals. 3. Adopt recommendation of a year ago to allow totally open competition and not regulate the service. This option takes the City totally out of the picture and allows the free market to set standards and prices. Mr. Smith estimated the annual cost to the City for the commercial garbage collection for the fiscal year 1993 will be approximately $290,000. Councilmember McBryde moved to extend the current contract with ARS for one year starting July 1, 1993, and ending on June 30, 1994. He further moved that a customer survey be done before the end of calendar year 1993, in order that the Council may make an informed decision on the future of commercial garbage collection for the City, seconded by Councilmember Kendrick. Councilmember Cheek expressed her support over this motion and stated her desire for a survey of customers. City Manager John Smith recommended the current contract be extended for one year with a survey being done mid-year. He expressed his opinion this action will enable the Council to make an informed decision as to whether the City should go to the free-market system or put out bids for multi three to five year contracts. Councilmember Robertson stated his opposition to the motion because he felt the Council's intent had been to bid the contract annually. Councilmember Kendrick expressed his opinion the contract should be done on a multi three to five year contract in the future. Mayor Pro-Tem Blackwell and Councilmembers Ross and Torrey expressed their support of the motion. Mayor Dawkins called for a vote and it carried 8 to 1 with Councilmember Robertson voting in opposition. 3. Discussion of financing of water and sewer extensions into areas proposed for annexation. City Manager John Smith presented this item. He stated the Committee had met and had come up with the following basic elements for a plan for financing water/sewer extension for annexation: 1. $4 million per year for 8 years from net electric earnings. 2. City Manager's staff and PWC staff prepare annexation timetable. 3. Financial advisor to advise finance officers and managers on financing options. 4. Transfer of electric earnings limited to formula, plus previously approved capital and water and sewer capital. 5. Assessment charges to be replaced with tap fees. 6. First round of annexation ordinances to be adopted by July 1, 1994. 7. PWC will equalize inside and outside water rates over a period of years. Tim Wood, PWC Manager, stated that he had been pleased with the participation of everyone involved in this endeavor and requested the Council to give special consideration to the following items: 1. City street policies because of the impact they have on PWC. 2. Implementation of a "connection" fee rather than the assessment process. 3. Equalization of inside and outside water rates over a period of years. Mr. Wood pointed out to the Council that currently 19 percent of every energy dollar is being used for non-energy purposes. A general discussion ensued regarding the implementation of this proposed plan. There was a consensus of opinion that the joint effort of both PWC and the City was an accomplishment that deserved the praise and respect of everyone involved. The Councilmembers expressed their appreciation to the staff and Committee for a job well done. Councilmember Massey asked that citizen input be worked into the plan and that it be continued on an ongoing basis. Mr. Smith assured the Councilmembers he and his staff will be making an ongoing effort to research and improve the processes involved in annexation. Councilmember Kendrick inquired about the ability of present Councilmembers to obligate future Councilmembers' actions regarding the 5 percent formula being used with PWC currently. City Manager John Smith stated current Councilmembers cannot bind the actions of future Councilmembers. He assured the Council that as City Manager he intended to honor the commitment to abide by the current plan and this would be the recommendation of his staff in the future. 4. Discussion of wetlands regulations. City Manager John Smith and George Vaughan, Planning Director, led the discussion regarding the involvement of the City and the Cumberland County Joint Planning Board in the enforcement of the Federal Wetland Regulations. Mr. Vaughan informed the Council that currently the Planning Board will only advise anyone who submits a subdivision plat the conditions of approval that must be met before they can proceed with development. The criteria to be used involves soil types, vegetation, and the presence of water within 18 inches of the surface for a certain time frame. Mr. Smith stated that he was concerned and did not want the City to get into the business of certifying wetlands due to the complexity of the question involved. Councilmember Cheek moved that within six weeks the Cumberland County Joint Planning Board and the City take a look at what they can do in a joint effort to assist the public in identifying wetlands or to develop a policy requiring that developers certify the wetlands on a plat before it is acceptable, seconded by Mayor Pro-Tem Blackwell and carried unanimously. 5. Discussion of budget issues and goals for FY 1993-1994. City Manager John Smith presented this item. He informed the Council that the departments had been briefed on the goals and objectives adopted by the Council including the goals of the Mayor's Drug Task Force. Some of the major budget issues are as follows: 1. Employee pay and benefits including cost of living, merits, health care costs, other benefit costs. 2. Public safety communications - 800 Trunk System. 3. Environmental mandates: NPDES permit Watershed protection Underground tanks 4. Right-of-way maintenance, neighborhood improvements, and appearance of City. 5. Street and storm drainage construction and maintenance (paving and resurfacing). 6. Preparation for annexation. 7. Continuation of our efforts at downsizing and restructuring City administration. Councilmember Cheek asked consideration be given to going from one time a week residential garbage pick-up to two times a week or to a five-day schedule pick-up time. She also requested the Environmental Services Department to do a study of an alternative way of handling solid waste collection to include information regarding contracting out or making the process competitive by the bid process. Councilmember Robertson expressed concern about the curbside recycling program. Mr. Smith explained that recycling will be done by Cumberland County at the Landfill. Councilmember Kendrick asked that the City Council receive a formal briefing on solid waste management/disposal. Mayor Pro-Tem Blackwell asked the staff to look at the City's pay plan with special emphasis on the graduated scale and what it would take to get back on track. He expressed his belief that the days of across the board pay raises are over and he would like to see the City become a leader in rewarding good work. Councilmember Cheek thanked the Parks and Recreation Department for the schedule that was in the Fayetteville Observer and went to 76,000 households throughout the City and county. There being no further business, Councilmember Bolton moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously. The meeting adjourned at 8:55 p.m. REGULAR MEETING MINUTES MONDAY, APRIL 5, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, APRIL 5, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Thelbert Torrey (District 4) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Mike Walker, City Engineer Janice Gerald, Community Development Director Craig Hampton, Administrative Services Director Al Mitchell, Assistant Joint Planning Director Richard Herrera, Community Services Director James Marlow, Citizen Bill Carey, Olde Fayetteville Association Horace Thompson, Olde Fayetteville Association Bill Hurley, Olde Fayetteville Association 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 Major Robert E. Melton, Commanding Officer of the Salvation Army, followed by the pledge of allegiance to the American Flag lead by the Boy Scout Troop 776. RECOGNITION: Miss Teen Fayetteville, Shannon Flynn Mayor Dawkins presented long stem roses to Shannon Flynn, Miss Teen Fayetteville. Miss Flynn pledged to give 100 percent to representing Fayetteville. Presentation of Proclamation in honor of National Community Development Week, April 5-11, 1993. Mayor Dawkins presented a proclamation in honor of National Community Development Week, April 5 - 11, 1993, to Janice Gerald, Assistant Community Services Director. City Manager John Smith informed Council that Councilmember Torrey had called requesting to be excused from tonight's meeting. Councilmember Bolton moved to excuse Mr. Torrey, seconded by Councilmember Robertson and carried unanimously. 1. Approval of Agenda: Councilmember Robertson moved to approve the agenda as submitted, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Torrey absent. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Kendrick requested to pull item J, and Councilmember Blackwell requested to pull item O for discussion. Councilmember Bolton moved to approve the consent agenda with the exception of items J and O. After a second from Councilmember McBryde, the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of February 1, 1993. B. Approve minutes of regular meeting of February 16, 1993. C. Approve minutes of regular meeting of March 1, 1993. D. Approve minutes of regular meeting of March 15, 1993. E. Approve minutes of information meeting of March 22, 1993. F. Approve tax refunds over $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. G. Set public hearing for May 3, 1993, to consider amendments and revisions to the City of Fayetteville Code of Ordinances to establish Noise and Accident Potential Zone 2 as an overlay district to the Fayetteville zoning map as evidenced by a map and text on file with the Planning Department. (P92-143) H. Approve the initial zoning to R10 Residential District and R5A Residential District or to more restrictive zoning classifications for an area located on the south side of Cliffdale Road (SR 1400), west of US 401 Bypass (Skibo Road).(P93-25) I. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area at the north end of Stonington Drive and the west end of Spy Glass Drive. (P93-26) J. (Pulled for discussion) K. Set public hearing for May 17, 1993, to consider the Municipal Service District. L. Set public hearing for April 19, 1993, to consider speed limit reduction on Hilliard Drive. M. Authorize advertisement of public notice of intent to exchange equipment. N. Adopt resolution setting public hearing for May 3, 1993, to consider the closing of Turtle Point Drive. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE PORTION OF TURTLE POINT DRIVE. RESOLUTION #R1993-023. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. O. (Pull for discussion) P. Approve revisions to Section 20-106 of the Fayetteville City Code: 1. Schedule #14 - Yield Right of Way AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (RESCINDED FROM SCHEDULE, EXECUTIVE PLACE). ORDINANCE #NS1993-017. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. 2. Schedule #6 - Stop Intersections AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (EXECUTIVE PLACE). ORDINANCE #NS1993-018. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. Q. Approve request from Carolina Telephone & Telegraph Company for utility easement along NC Highway 24.(PWC) 2J. Approve the rezoning from R5 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 200 Purdue Drive. (P93-28) Councilmember Kendrick requested a presentation on this item. Al Mitchell made the presentation with a recommendation from Planning Staff and Planning Board for approval after finding that the request is reasonable, not unduly discriminatory, in the public interest and all uses permitted in the proposed district are suitable for this property. The Breezewood study area calls for professional uses at this location. Councilmember Kendrick moved to approve the rezoning as requested, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Torrey absent. 2O. Adopt resolution authorizing condemnation of Parcel E-3 - Ray Avenue Widening Project. Councilmember Blackwell asked what the property owner is asking for the property. City Attorney Cogswell responded there has been no counteroffer, but the property owner did not accept the City's offer of $3,950. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (RAY AVENUE WIDENING PROJECT). RESOLUTION #R1993-024. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried 8 to 0 with Councilmember Torrey absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book #R1993. 3. Public Hearings: Mayor Dawkins read the policy on public hearing speakers and nonpublic hearing speakers. A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour Speed Zone for Sourwood Drive. This item was presented by Assistant City Manager Jimmy Teal for Traffic Services Director, Louis Chalmers, with a recommendation for adoption of the ordinance. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:16 p.m. and there being none to speak in favor or opposition, the public hearing wa closed. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #8 - SPEED CONTROL, SOURWOOD DRIVE). ORDINANCE #NS1993-019. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Torrey absent. B. Consideration of street name changes on the following: 1. "Kipawa Court", located north of Morganton Road and east of Queensberry Drive is to be renamed to "Woodsage Circle". This item was presented by Assistant Planning Director, Al Mitchell, with a recommendation to adopt the ordinance. This is the advertised public hearing. The public hearing was opened at 7:18 p.m. And appearing in favor as the petitioner was Melanie Wyatt Jenkins, 204 Kipawa Court. She stated the reason for this request was because of the difficulty in pronouncing and spelling the name, and requested Council approve this name change. There being none further to be heard in favor or opposition, the public hearing was closed at 7:19 p.m. AN ORDINANCE CHANGING KIPAWA COURT NAME TO WOODSAGE CIRCLE. ORDINANCE #NS1993-020. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried 8 to 0 with Councilmember Torrey absent. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. 2. "Adams Street" located north of Person Street, east of B Street and south of School Street is to be renamed to "Adam Street". This item was presented by Assistant Planning Director, Al Mitchell, stating that this request is because of historical reasons and the recommendation is to adopt the ordinance. This is the advertised public hearing. The public hearing was opened at 7:20 p.m. and there being none to speak in favor or opposition to this item, the public hearing was closed. AN ORDINANCE CHANGING ADAMS STREET NAME TO ADAM STREET. ORDINANCE #NS1993-021. Councilmember McBryde moved to adopt the foregoing ordinance, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Torrey absent. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. 3. "Mitchell Boulevard", located east of Ireland Drive and south of Madison Avenue, is to renamed to "Dole Avenue." This item was presented by Assistant Planning Director, Al Mitchell, stating it has been discovered that this street is not in the City limits; therefore, Council cannot rename the street. However, since this is the advertised public hearing for this date and hour the public hearing will have to be opened. Mayor Dawkins opened the public hearing at 7:22 p.m. and there being none to speak in favor or opposition, the public hearing was closed. Council took no action. Al Mitchell announced that this is his 24th anniversary appearing before Council. Mayor Dawkins praised his work. C. Consideration of Community Development Block Grant (CDBG) funding for Fiscal Year 1993-94. Community Services Director, Richard Herrera, presented this item briefly reviewing the material submitted in the agenda packet. This is the third public hearing to be held on this block grant. Mr. Herrera presented recommendations as follows: FAYETTEVILLE REDEVELOPMENT COMMISSION COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDING RECOMMENDATIONS FOR FY 1993-1994 1. Housing Rehabilitation (University Estates) $100,000 2. Housing Rehabilitation (Deep Creek Road) 200,000 3. Housing Rehabilitation (Lynn Avenue Area) 164,200 4. Housing Rehabilitation (Westarea) 200,000 5. Emergency Home Repair Program (City-wide Deferred Loan Program) 100,000 6. City-wide Low Interest Rehabilitation Loan Program 100,000 7. Employer-assisted Housing Pilot Program 25,000 8. Seabrook Park Picnic Shelter 25,000 9. Rehabilitation of Deep Creek Road Community Center 25,000 10. Administration 234,800 $1,174,000 FAYETTEVILLE REDEVELOPMENT COMMISSION HOME PROGRAM FUNDING RECOMMENDATION FOR FY 1993-1994 1. Senior Citizen Deferred $335,250 Loan Rehabilitation 2. Allocation to a Community Housing Development Organization (CHDO) (Statutory requirement) for project(s) 67,050 3. Administration 44,700 $447,000 Following Council discussion, Councilmember Cheek requested that Council meet with the Redevelopment Commission and talk about the whole Redevelopment strategy. She requested that this be put on an information agenda as soon as possible. The public hearing was opened at 7:49 p.m. Mr. Zack Walker, 123 Lynn Avenue, appeared requesting assistance in repairing his house. Mr. Steve Gasper, 209 Lynn Avenue, stated he only knew about this because he happened to see the article in the newspaper and wondered how the Community Development identified the homeowners in a target area and if they had a better way of notifying them. Mr Herrera responded that if this is approved, then they will go door-to-door in the area. There being none further to be heard on this matter, the public hearing was closed at 7:53 p.m. Councilmember Bolton moved to approve the recommendations, seconded by Councilmember Massey. Councilmember Kendrick stated he felt that it was more important to help the people that needed heat than to build a picnic shelter. Therefore, he offered a substitution motion to move the $25,000 from the Seabrook Park Picnic Shelter to the Emergency Home Repair Program. Councilmember Robertson seconded. Councilmember Blackwell stated he could not support the substitution motion, because he feels like the Commission's recommendations were carefully worked on and thought through. Councilmember Cheek stated she would vote against the substitute motion, because we are spending a lot of money on rehabilitation loans and support the Commission in its efforts to fulfill the entire spirit of the program. Mayor Dawkins called for a vote on the substitute motion and it failed 3 to 5 with Councilmembers Blackwell, McBryde, Massey, Cheek, and Ross voting in opposition. Mayor Dawkins then called for a vote on the main motion and it carried 7 to 1 with Councilmember Kendrick voting in opposition and Councilmember Torrey absent. At this time Councilmember Ross stated that she had heard of many problems with the people doing the rehab work and construction and asked what procedures we use to keep this from happening. Mr. Herrera gave her the process that is followed before the senior citizens are asked to sign a release. Mayor Dawkins instructed Mr. Herrera to continue this explanation in detail with Ms. Ross during the break time. 4. Consideration of request from Cumberland County Board of Commissioners for City participation in Eufaula Street relocation project. This item was presented by City Manager, John Smith, stating that the County had not requested a specific amount for the project. He referred to the backup material in the agenda packet showing that $180,000 has already been spent in Community Development Block Grant funds for housing rehabilitation on Eufaula Street during the period of 1988-89. The memo also reflected that the City residents already pays the same County taxes and the same landfill fees as every other resident and business throughout the county. The recommendation was that the City tax payers not have to pay again. Councilmember Bolton agreed with Mr. Smith's recommendation and moved that the City tax payers not put additional money into the project, other than the County taxes already being paid. The motion was seconded by Councilmember McBryde. Councilmember Ross asked Janice Gerald if she had results from the Pew Partnership Trust inquiry that she had sent her. Ms. Gerald responded that she talked with two persons in the EPA Regional office and the item Ms. Ross was interested in was something they would likely not fund. Councilmember Blackwell stated that although he understood Mr. Bolton's reasoning, he feels that the people on Eufaula Street need additional help in being relocated. Councilmember Massey offered substitute motion to have the City Manager enter into negotiation with the County Manager to seek an equitable formula for providing financial assistance to assist the County in moving our City citizens out of an environmentally unsafe area. City Attorney Cogswell advised Mr. Massey that this was in contradiction to Mr. Bolton's motion. If Mr. Bolton's motion fails, then Mr. Massey could make this as a motion. Mayor Dawkins called for a vote on the motion to not participate and it carried 5 to 3 with Councilmembers Blackwell, Massey, and Ross voting in opposition. 5. Consideration of request to address City Council from James Marlow. Mr. Marlow addressed Council concerning his upset bid on property for sale by the City on Russell Street. He stated that the City Manager's recommendation at the last meeting was to reject all bids because it was for sale only for development. He added that no one asked him what his plans were for the property. He feels Council acted above board, but feels something was improper in the bid process, in as much as it was abruptly halted without any further upset bids as the statute calls for. Mayor Dawkins cautioned Mr. Marlow concerning his strong statements. And Mr. Marlow responded that he had no fear of the court about anything that he had said. Councilmember McBryde asked if stipulations of this kind are normally put in ads. Mr. Cogswell responded that if stipulations are not too long or too complicated they are put in the ad, otherwise they would be referenced and made available for viewing in his office. He stated the first upset bid would have been advertised and Mr. Marlow's was the second bid. Mr. Marlow requested to speak again but policy would not allow him additional time unless Council had questions. Councilmember McBryde asked Mr. Marlow what he wished to add. Mr. Marlow stated that his upset bid was the largest of the two and should have been advertised unless the two bids were the same. Mr. Cogswell stated he was informed in the beginning that they were the same. Councilmember Kendrick asked what we could do in the future to prevent this from happening again. Mr. Smith responded there is a procedure that can be used that does not require advertising but can be negotiated. The City is within its rights to refuse bids. Mr. Smith stated that Council was made fully aware of what the process was and the intentions were and we all understood that. Councilmember Cheek asked if it is permissible for people to make offers at any time on property we hold. Mr. Smith responded that it is not only permitted but very common. Staff quite often negotiates with offers made on City property when it involves development. Mr. Yarborough's bid was submitted under the statute for upset bids. Councilmember Ross asked if we were going to tear down the building where the new Police Department is going to be built, and Mr. Smith responded that we don't know where that is yet. We are doing a site analysis now and hope to bring this to Council soon for a decision. Mayor Dawkins thanked Mr. Marlow for his presentation and Council took no action. 6. Consideration of request to address City Council from Olde Fayetteville Association. Bill Carey, President of the Olde Fayetteville Association, Inc.; Bill Hurley, Secretary; and Horace Thompson, President-elect, appeared before Council requesting that Fayetteville be made a safer downtown by submitting four requests: 1. Continue to aggressively use the public nuisance laws to close down flagrant violators of this community's laws and standards. 2. Establish a formal review process for the issuance of City privilege licenses, making a commitment to refuse the issuance or renewal of licenses to businesses with ABC violations within the past twelve months. 3. Adopt a resolution asking the local legislative delegation to reintroduce the bill authorizing local law enforcement officers to inspect ABC premises for any violations, enabling them to assist local ALE officers in enforcing ABC laws. 4. Investigate ways to reduce the street people population in a positive manner, recognizing that there is a difference between the legitimate homeless and the street people. They stated that there are 180 members of the Olde Fayetteville Association seeking Council's leadership and requesting them to act. Councilmember McBryde moved to have a resolution prepared by the City Attorney to be submitted at the next regular Council meeting as requested in item 3 of Olde Fayetteville Association's list to be submitted to the local legislative delegation of the property authorities. The motion was seconded by Councilmember Cheek. Councilmember Blackwell stated that it is too late for the local legislative delegation and it would have to be submitted to the state legislative delegation. Mayor Dawkins called for a vote and the motion carried 8 to 0 with Councilmember Torrey absent. Councilmember Bolton stated he would like to have the other three items on their list submitted in some format in the very near future so that Council can give direction and support. Councilmember Cheek stated she would make this in the form of a motion. Councilmember Cheek moved to have staff put the other three items in a form that Council may consider, within the next four weeks. The motion was seconded by Councilmember McBryde, and carried 8 to 0 with Councilmember Torrey absent. 7. Consideration of request from Rev. J.L. Godbolt. Mr. Smith addressed this matter stating that Council had requested staff to explore the possibility of the City selling a portion of the Rosehill Road extension to the Christ Gospel Church for their use as a driveway to the property from North Street. The estimated cost of purchasing a minimum 20-foot width and constructing a stripped paved asphalt drive, approximately 1400 feet, is $50,000, which would probably be cost-prohibited for the church. Another consideration is that sometime in the future this roadway may be a needed project and the City would then have to reacquire the necessary right-of-way. Mr. Smith recommended that Council take no action in this matter since the church can construct their building as designed to use the public access off of Kellogg Street. Mr. Smith stated that was an unfortunate situation and he wished that the City had been contacted at the beginning of their plans. He recommended no action. 8. Consideration of request from William R. (Chip) Caviness regarding Alexander Graham Junior High School cupola. A letter in the agenda packet from Mr. Caviness indicated that he had been successful in finding a home for the larger or square portion of the Cupola with a good friend and fellow designer, Mr. Rodney G. Perry, of Raleigh and his business partner, Mr. Gordon Plummer, A.I.A. They have recently purchased the historic residence of the prominent Maupin family of Raleigh and are currently undertaking the complete restoration and refurbishment of the property. Mr. Caviness explained to them that the cupola must be restored and maintained according to specific guidelines which may have to be set up between himself, the City of Fayetteville, and Mr. Perry and Mr. Plummer. They agreed and they stated they would erect a brass or bronze plaque stating the history and importance of the structure, and that it was given by Mr. Caviness and the City of Fayetteville. Councilmember McBryde moved to approve the request, seconded by Councilmember Blackwell and carried 8 to 0 with Councilmember Torrey absent. 9. Consideration of adoption of a resolution of the City of Fayetteville pursuant to N.C.G.S. 160A-31(C). (Annexation petition from Berean Baptist Church) This item was presented by Deputy City Manager Stancil recommending adoption of the resolution setting the public hearing for April 19th, for the request by petition for annexation of the Berean Baptist Church. RESOLUTION SETTING PUBLIC HEARING FOR ANNEXATION PETITION. RESOLUTION #R1993-025. Councilmember Cheek introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Torrey absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. 10. Consideration of adoption of bond order authorizing $54,000,000 refunding bonds. Councilmember Bolton requested to abstain from this item due to a conflict of interest. Councilmember McBryde moved to grant the request for Mr. Bolton to abstain. The motion was seconded by Councilmember Robertson and carried unanimously 7 to 0 with Councilmember Torrey being absent. Councilmember McBryde introduced the following order authorizing bonds which was read by title and summarized by the Finance Director: ORDER AUTHORIZING $54,000,000 REFUNDING BONDS The sworn statement of debt was submitted by the Finance Director, and upon motion by Councilmember McBryde, seconded by Councilmember Cheek, and carried unanimously 8 to 0 with Councilmember Torrey absent. The bond order was passed on the first reading and the public hearing was set at 7:00 p.m. on April 19, 1993. 11. Report from Streets and Roads Committee. A. Instruct staff to prepare a five year plan for paving all soil streets in the City and to coordinate with PWC for extension of water and sewer where appropriate. This item was presented by Councilmember Kendrick, Committee Chairman, recommending approval of item A. Councilmember McBryde moved to approve item A as submitted above, seconded by Councilmember Blackwell and carried unanimously 8 to 0 with Councilmember Torrey absent. B. Amend policy on petitions for 25 MPH speed limits to require inclusion of cul-de-sacs where appropriate. This item was presented by Councilmember Kendrick, Committee Chairman, with a recommendation to approve. Councilmember Robertson moved to follow the recommendation as stated above, seconded by Councilmember Massey and carried unanimously 8 to 0 with Councilmember Torrey absent. C. Leave 35 MPH speed limit in place on Boone Trail. Committee Chairman, Councilmember Kendrick, submitted the item with a request for the speed limit on Boone Trail to be left at 35 mph. Councilmember Robertson moved to follow the recommendation, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Torrey absent. D. Adopt moratorium on accepting private streets for City maintenance until private street standards are adopted. Committee Chairman, Councilmember Kendrick, presented this item with a recommendation to adopt the moratorium. Councilmember Robertson moved to follow the recommendation, seconded by Councilmember Cheek. Councilmember Bolton asked when this could be expected to be presented. City Manager Smith responded that the City staff and the County staff is working on this and it would be several months before it would be back to Council. Mayor Dawkins called for a vote on the motion and it carried unanimously 8 to 0 with Torrey absent. 12. Report from City/County Liaison Committee. A. Approval of appointment of Citizens Committee to review proposed noise regulations in Joint Compatible Land Use Report. This item was presented by Councilmember Cheek, Liaison Committee Chairman, with a recommendation to establish the Joint Compatible Land Use Policy Committee. Councilmember Robertson moved to establish this committee as recommended, seconded by Councilmember Massey. Councilmember McBryde offered a friendly amendment to include Councilmember Cheek as chairman of this committee. And it was accepted. The vote was called and it carried 8 to 0 with Councilmember Torrey absent. B. Appointment of at-large member of Citizens Committee Committee Chairman, Councilmember Cheek, presented this item and stated there were a few corrections to the list submitted in the packet of the committee. Jimmy Teal and George Vaughan are staff members; Colonel John Altenburg is a non-voting member, unless it is established later that the military position will be a voting position; Mr. Parker and Mr. Tisdale were not nominated at the meeting; and that a City at-large position be added and nominated by Council. Also add a staff position for City Inspections and County Inspections. Councilmember Robertson moved to accept the list of members without Mr. Parker and Mr. Tisdale, including a City at-large position and changing the staff members. The motion was seconded by Councilmember Massey and carried unanimously 8 to 0 with Councilmember Torrey absent. Councilmember Bolton moved to nominate and elect Jonathan Charleston, seconded by Councilmember Robertson and carried unanimously 8 to 0 with Councilmember Torrey absent. City Attorney Cogswell stated that due to the expediency in getting this committee started, Council has a unique situation in nominating and electing at the same meeting. However, he reminded Council that their normal procedure is to nominate at one meeting and elect at the next. C. Approval of invitation to Fort Bragg and Pope Air Force Base to appoint non-voting members to the City/County Liaison Committee. Committee Chairman, Councilmember Cheek, moved to approve the invitation to Commander of Fort Bragg and Pope Air Force Base to appoint an ex-officio member to the City\County Liaison Committee for the remainder of this year. Motion was seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Torrey absent. 13. Appointments: A. Nominations to fill one vacancy on Human Relations Commission Councilmember Kendrick moved to elect Pamela Alkins to fill the vacancy of Mary Davis to March 31, 1995. Motion was seconded by Councilmember Robertson and carried unanimously 8 to 0 with Councilmember Torrey absent. B. Nominations to fill one vacancy on Board of Appeals on Buildings and Dwellings. There were no nominations to fill the unexpired term of Eva Ruth to May of 1994. 14. Administrative Reports: A. Report on tax funds less than $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. B. Report on Eutaw Shopping Center Recycling Center. Submitted in the agenda packet. C. Status reports on the following Engineering Department projects: Submitted in the agenda packet. 1. Village Drive Widening Project 2. Damascus Road Paving and Drainage Project 3. Rivenoak/Regiment Area Drainage Project There being no further business the meeting was adjourned at 9:20 p.m. upon motion and second. REGULAR MEETING MINUTES MONDAY, APRIL 19, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, APRIL 19, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2) arrived at 7:10 p.m.; Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan 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 for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Mike Walker, City Engineer Louis Chalmers,Traffic Services Director Al Mitchell, Assistant Joint Planning Director Kai Nelson, Finance Director David Nash, Annexation Studies Coordinator 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 Colonel Richard Adams, Chaplain at 18th Airborne, Ft. Bragg, offered the invocation followed by the Pledge of Allegiance to the American Flag being led by the Mayor. RECOGNITION: Posthumous Recognition of James Little by Mayor J.L. Dawkins Approximately 15 family members and friends were in attendance and one of Mr. Little's sons, Mike, accepted the proclamation from Mayor Dawkins which was as follows: The late James A. Little was born in Richmond, Virginia; he was raised in Charlotte, North Carolina; but he dedicated his life to Fayetteville, the City of Dogwoods. Jimmy Little came to Fayetteville in 1936, departing only briefly to serve in the U.S. Navy during the early 1940s. Upon his return, Jimmy brought commerce to Fayetteville: he was owner of Thompson and Little Food Service Equipment Company; owner of a commercial refrigeration business; operated a restaurant on the I-95 business bypass; and he contributed his business acumen and time to the Fayetteville Area Chamber of Commerce's Travel and Tourism Department. Jimmy Little served his community admirably. Upon the request of the General Assembly, Jimmy served for two years on the Annexation Study Committee; he served for six years on the Cumberland County Mental Health Board; and he was an active member of Highland Presbyterian Church. But Jimmy Little shall forever be remembered for giving the Fayetteville community one of the most cherished spring time events. It was Jimmy's love and pride for this community that prompted him to recommend to Mayor Bill Hurley in 1982 that Fayetteville establish a festival to celebrate the community's natural beauty during the blossoming of the beautiful dogwood trees. Jimmy committed himself to this endeavor and worked diligently on the Festival Committee for several years. This year's 11th annual Dogwood Festival is dedicated to the memory of James A. Little, a man who once listed his hobby as "being involved in some type of project to benefit the community." In honor of his gift to our community, I, J. L. Dawkins, Mayor of the City of Fayetteville, and on behalf of the Fayetteville City Council and the community, request that the above comments be included in the official minutes of the Fayetteville City Council during this meeting of Monday, April 19, 1993. Recognition of Katie Myers, Outstanding Volunteer Service 1992-1993. Mayor Dawkins presented a Certificate of Recognition and a plaque from the Recreation Department. At this time Councilmember Blackwell introduced approximately 20 future citizens from the fourth grade class of Ms. Blackburn at College Lakes Elementary School where Mr. Blackwell is the Principal. Councilmember Cheek reminded everyone of the City-County Liaison meeting Thursday, April 22, 12:00 p.m., in the City Hall 1st Floor Multipurpose Room. 1. APPROVAL OF AGENDA City Manager Smith requested to add to the consent agenda Item S for a request for a stop light at Levy and Robeson Streets with a recommendation to refer this to the Council Streets and Roads Committee. Councilmember Kendrick moved to follow the recommendation to add this item to consent, seconded by Councilmember Robertson and carried unanimously. Councilmember Robertson moved to approve the agenda with the addition of Item 2S, seconded by Councilmember Massey and carried unanimously. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. City Manager Smith requested to pull Item H for discussion. Councilmember McBryde moved to approve the consent agenda with the exception of Item H and adding Item S. After a second from Councilmember Robertson, the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of April 5, 1993. B. Adopt resolution authorizing exchange of equipment. RESOLUTION AUTHORIZING THE EXCHANGE OF CITY-OWNED PROPERTY (POLICE DEPARTMENT). RESOLUTION #R1993-026. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. C. Approve extension of Lease Agreement between City of Fayetteville and Cumberland County Area Mental Health Board for property at 121 Lamon Street. D. Approve request for legal representation for Sgt. Ronald E. Snyder File #92-756-CRT-BO in U.S. District Court. E. Adopt Capital Project Closeouts CLO 93-2, CLO 93-3, CLO 93-4, CLO 93-5, CLO 93-6. CLO 93-2 is for financial/administrative computer system in the amount of $62,588. CLO 93-3 is for Building Maintenance program in the amount of $6,938. CLO 93-4 is for the Farmer's Market in the amount of $471,234. CLO 93-5 is for Juvenile Restitution Program in the amount of $40,784. CLO 93-6 is for the Grand Jury in the amount of $74,751. F. Adopt Special Revenue Project Ordinance 93-7. This ordinance is for a transit planning grant and appropriates $141,750. G. Adopt Capital Project Ordinance 93-2. This is for HSTS Grant and appropriates $50,000. H. (Pulled for discussion) I. Approve Interlocal Agreement for the City/County ID Bureau. This is for restructuring of the Bureau. J. Adopt resolution authorizing sale of City property located about 250 feet west of western margin of Gillespie Street in the amount of $1,000 by St. Joseph Episcopal Church. RESOLUTION AUTHORIZING THE SALE OF CITY/COUNTY- OWNED PROPERTY. RESOLUTION #R1993-027. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. K. Adopt resolution authorizing advertisement for sale of surplus City property -- 2.95 acre land-locked tract located south of Cliffdale Road in vicinity of A&R Railroad and Acacia Circle. (PWC recommends the amount of $3,500) RESOLUTION AUTHORIZING THE ADVERTISEMENT FOR SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION #R1993-028. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. L. Approve bid award for purchase of one Atomic Absorption Spectrophotometer for use in PWC laboratory. (PWC) Awarded to sole bidder of Perkin-Elmer Corporation (Morrisville, NC) in the amount of $29,685. M. Approve bid award for construction of storm water retention pond and associated drainage for Butler-Warner Generation Plant. (PWC) Awarded bid to Marlboro Construction, low bidder in the amount of $188,190.75. Bids received were as follows: Marlboro Construction (Bennettsville, SC) $188,190.75 Wayne's Backhoe Service (Ocean Isle Beach, NC) $198,691.95 ES&J Enterprises (Autryville, NC) $257,176.50 Wright & Lopez (Greensboro, NC) $288,895.00 N. Approve award of contract for purchase of water and wastewater treatment chemicals for 1993 to low responsive bidders meeting specifications. (PWC) Award to low responsive bidders as follows: a) Prillaman Chemicals (Richmond, VA): Caustic Soda $140,937.50 Hydrated Lime (50# Bags) $ 16,050.00 Hydrofluosilicic Acid $ 17,120.00 White Sodium Silicofluoride $ 3,367.00 b) Jones Chemical (Charlotte, NC): Liquid Chlorine $73,220.00 Liquid Ferric Chloride $61,050.00 c) American Cyanamid Co./Cytec (Wayne, NJ): Liquid Aluminum Sulfate $182,017.53 d) Calgon Carbon (Pittsburgh, PA): Powdered Activated Carbon $33,200.00 e) APG Lime Corporation (Charlotte, NC): Hydrated Lime (Bulk) $53,505.00 f) Technical Products (Portsmouth, VA): Corrosion Inhibitor $13,925.00 Bids were received as follows: Caustic Soda (2,750,000 lbs.) Prillaman $140,937.50 Southchem $155,375.00 Holtrachem $164,725.00 Jones Chemical $176,866.25 Liquid Chlorine (280 tons) Jones Chemical $73,220.00 Prillaman $79,800.00 Liquid Aluminum Sulfate (6,000,000 lbs.) American Cyanamid/Cytec $182,017.53 Koch Sulfur Prod. $183,675.00 General Chemical $196,215.00 Peridot Chemical $211,335.00 Southchem $216,600.00 Industrial & Agricultural $219,000.00 Prillaman $239,400.00 Hydrated Lime (150 tons) Prillaman $16,050.00 APG Lime $16,626.00 Germany Valley Limestone $16,650.00 Southchem $17,685.00 Van Waters & Rogers $25,320.00 Hydrofluosilicic Acid (160 tons) Prillaman $17,120.00 Southchem $17,472.00 Chemtech $18,240.00 LCI, Ltd. $18,720.00 Powdered Activated Carbon (100,000 lbs.) Calgon Carbon $33,200.00 Prillaman $34,900.00 Southchem $37,490.00 Van Waters & Rogers $39,800.00 Liquid Ferric Chloride (222 dry tons) Prillaman $57,720.00 Jones Chemical $61,050.00 Southchem $69,619.20 Hydrated Lime, Bulk (750 tons) Prillaman $57,750.00 Eastern Ridge Lime Company $53,692.00 APG Lime $53,505.00 Tenn Luttrell $70,860.00 Chemstone Corp. $71,250.00 German Valley $55,687.50 White Sodium Silicofluoride (13,000 lbs.) Prillaman $3,367.00 Van Waters & Rogers $4,290.00 Southchem $3,749.20 Corrosion Inhibitor (25 tons) 6 Months 1 Year Technical Products $13,925.00 $27,850.00 DABCO $14,000.00 $26,000.00 Prillaman $21,000.00 $42,500.00 Southchem $22,000.00 $44,000.00 O. Set public hearing for May 3, 1993, to consider revisions and amendments to the City of Fayetteville Code of Ordinances, Article VIII., Section 32-59.1, by creating Subsection (Z) for "Festival Signs." (P93-43) P. Set public hearing for May 3, 1993, to consider the revisions and amendments to the City of Fayetteville Code of Ordinances creating Chapter 31A, "Water Supply, Watershed Management and Protection." (P93-47) Q. Set public hearing for May 3, 1993, to consider an application by Robin Legg of the Olde Fayetteville Association for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Section 32-59.1, Item (Z) to allow the placement of special events signs in various locations as evidenced by a map on file with the Planning Department. (P93-53) R. Set public hearing for May 3, 1993, to consider speed limit reduction on Hewitt Drive. S. Refer request for stop light at Levy and Robeson Streets to Council Streets and Roads Committee. 2H. Adopt Certificate of Resolutions and Incumbency for the FY 1993 Capital Lease requirements. City Manager Smith requested some word changes and additions to the Certificate of Resolutions and Incumbency. The word "City" should be change to "Purchaser" and the first paragraph after the word "Agreement", add the words "not to exceed $1,654,372.54". Also, in the third paragraph the words referring to the authority to enter into all documents should be deleted because the City Manager or Finance Director do not have this authority. Also add that the purchaser will issue more than $10,000,000 in qualified tax-exempt obligations during the calendar year. Councilmembers Blackwell and Cheek asked how the vehicles were acquired and Mr. Smith responded that they were by state contracts. Dr. Cheek asked if the local dealers were ever given a chance to bid against a contract and Mr. Smith responded that through the years they have been given this opportunity but the state contracts were much less. He added, however, that all warranties and maintenance are done by local dealers. Councilmember Robertson moved to approve the Certificate of Resolutions and Incumbency with the changes, seconded by Councilmember Massey and carried unanimously. It reads as follows: CERTIFICATE OF RESOLUTIONS AND INCUMBENCY WHEREAS, the Purchaser will enter into one or more Installment Purchaser Contracts (the "Agreement") not to exceed $1,654,372.54 dated April 20, 1993, and a Proposal, dated April 5, 1993, with the Wachovia Leasing Corporation as designated and recommended by the City Manager. NOW, THEREFORE, be it RESOLVED that the Proposal, is hereby approved and that the action of the officials of the Purchaser in signing the Agreement on behalf of it be, and is hereby, ratified, confirmed and approved; and be it further RESOLVED, that an official of the Purchaser be, and is hereby, authorized, empowered and directed to sign on its behalf the Agreement and any addenda, schedules, notes, UCC financing statements or other instruments issued under the provisions of the Agreement and any other instrument or document which may be necessary or expedient in connection with agreement upon or fulfillment of the provisions of the Agreement. RESOLVED, the individual(s) names below are the duly elected or appointed officers of the Purchaser holding the offices set forth opposite their respective names. I further certify that (i) the signatures set opposite their respective names and titles are their true and authentic signatures; (ii) such officers have the authority on behalf of the Purchaser to enter into all documentation connected with the agreement. RESOLVED, the obligation of the Purchaser to make payments under the Agreement is designated as "qualified tax-exempt obligations" in accordance with the provisions of Section 265(b) (3) (B) (ii) the Internal Revenue Code of 1986, as amended. The City Council does not reasonably expect that the Purchaser (and any subordinate entities) will issue more than $10,000,000 in qualified tax-exempt obligations during the current calendar year. Signed by: John P. Smith City Manager John B. Brown, Jr. Assistant City Manager for Administration and Finance Kai D. Nelson Finance Director 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for public hearing speakers and nonpublic hearing speakers. A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour Speed Zone on Hilliard Drive. (From Hilliard Court to Endsleigh Court). This item was presented by City Traffic Engineer Louis Chalmers stating they have received a petition signed by the majority of the residents on Hilliard Drive for the 25 MPH speed zone and recommends adoption of the ordinance. The public hearing was opened at 7:22 p.m. and speaking in favor was Vivian A. Sloggy, 522 Hilliard Drive. There being none further to be heard in favor or opposition this public hearing was closed at 7:24 p.m. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #8-SPEED CONTROL). ORDINANCE #NS1993-022. Councilmember Bolton moved to adopt the foregoing ordinance, seconded by Councilmember Cheek. Councilmember Kendrick offered a friendly amendment to include the cul-de-sacs as the recent amended policy calls for. Mr. Chalmers stated that this petition was done before the policy was amended and following some discussion Councilmember Bolton did not accept the amendment. Mayor Dawkins called for a vote on the motion and it carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. B. Consideration of the rezoning from R6 Residential District and C1P Shopping Center District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 338 Cedar Creek Road. (P93-1) This item was presented by Assistant Planning Director Al Mitchell with a request to make a correction on the minutes of the Joint Planning Board for January 19, 1993, submitted in the agenda packet referring to the notation that the 2010 Land Use Plan calls for medium-density residential development at this location, this should be commercial development instead of medium-density residential. He stated that the Planning Board recommended denial because the staff's recommendation for denial was due to the 1988 Cedar Creek Area Plan calling for medium-density residential development at this location and that all or any portion of this tract is not suitable for C3 commercial districts. The public hearing was opened at 7:32 p.m. and speaking in favor was L. Stacy Weaver, Jr., Attorney for petitioner Jesse Brown, requesting C3 heavy commercial district. There being none further to be heard on this matter the public hearing was closed at 7:40 p.m. Councilmember Kendrick moved to follow the recommendation of the Planning Board to deny the rezoning, seconded by Councilmember Ross and carried unanimously. C. 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 305 Owen Drive. (P93-14) This item was presented by Assistant Planning Director Al Mitchell with a recommendation from the Planning Board for denial based on the fact that Owen Drive is designated as a limited business street and the P2 Professional District is appropriate; and the P2 Professional District provides a transition from the commercial areas located to the west to the single-family residential users located to the east. Also, the 2010 Land Use Plan calls for commercial uses (which includes office uses) at this location. The public hearing was opened at 7:44 p.m. and speaking in favor was petitioner Ann H. Lewis, 3011 Raeford Road, owner of the Mill End store. She stated this rezoning would make her in compliance of the zoning for that location and allow her to sell accessories used in her interior design business, out of the shop. She stated that the surrounding area shows commercial uses and that this is not a high-traffic business. There being none further to be heard on this matter the public hearing was closed at 7:48 p.m. Councilmember Cheek moved to follow the recommendation of the Planning Board to deny this rezoning, seconded by Councilmember Kendrick and carried unanimously. D. Consideration of adoption of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (Petition-Initiated Contiguous Annexation Area) (Berean Baptist Church Property - Glensford Drive) Assistant City Manager Stancil presented the annexation report information and recommended adoption of the annexation ordinance. Councilmembers Kendrick and Torrey asked if this property had water and sewer. Mr. Stancil stated that at this time they do not and that is what motivated the annexation petition. Mr. Kendrick asked what the assessment would be and Mr. Stancil responded that there would not be an assessment. Councilmember Robertson asked about the water run-off for this area and Mr. Stancil stated that this has not been investigated. Councilmember Kendrick inquired about the storm water and Mr. Stancil stated this would be studied with the streets. The public hearing was opened at 7:55 p.m. and appearing in favor was Reverend Steven E. Byrd, 423 Brightwood Drive, Pastor of the Berean Baptist Church, stating that they were proud of being a part of Cumberland County for the past 25 years and they now have 5,000 members. They have discovered they cannot have any further septic tanks, therefore they need PWC sewer and this is their second reason for wanting to be included in the City. Their main reason is to be a part of the City and to minister to it. There being none further to be heard on this matter in favor or in opposition, the public hearing was closed at 7:56 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE. ANNEXATION ORDINANCE #93-04-365. Councilmember Kendrick moved to adopt the foregoing ordinance, seconded by Councilmember McBryde and carried 8 to 1 with Councilmember Torrey voting in opposition. A copy of the foregoing annexation ordinance is on file in the Clerk's office in Annexation Ordinance Book 1993. E. Consideration of the validity or advisability of adopting an "Order Authorizing $54,000,000 Refunding Bonds. This item was presented by City Manager Smith stating that no additional funds for new projects are included in this but it needs to go through the process. He recommends adoption of the bond order. At this time Councilmember Bolton requested to abstain from this item due to a conflict of interest. Councilmember Kendrick moved to allow Councilmember Bolton to abstain as requested, seconded by Councilmember Massey and carried 8 to 0. Councilmember Cheek asked why the bond order was $54,000,000 when we only had a $47,450,000 debt. Mr. Smith responded that the additional amount related to costs of issuance and premium redemptions. The Mayor announced that this was the date and hour fixed by City Council for the public hearing upon the order entitled: "ORDER AUTHORIZING $54,000,000 REFUNDING BONDS" and the public hearing was opened at 8:01 p.m to hear anyone who might wish to be heard on the question of the validity of said order or the advisability of issuing of said bonds. No one appeared either in person or by attorney, to be heard or no written statement relating to said question had been received by the City Clerk. The public hearing was closed and upon motion by Councilmember Kendrick, second by Councilmember McBryde the order introduced in the past on the first reading on April 5, 1993, was read a second time and passed with a vote of 8 to 0 with Councilmember Bolton abstaining. 4. Consideration of request from Methodist College for speed limit reduction and traffic light installation on Ramsey Street. This item was presented by City Manager Smith with a recommendation to refer this item to the Council Streets and Roads Committee. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Robertson and carried unanimously. 5. Consideration of a resolution of the City Council of the City of Fayetteville Pursuant to N.C.G.S. 160A-31(C) (Petition-Initiated Contiguous Annexation Area) (Kinwood By The River, Section 2) This item was presented by Assistant City Manager Stancil stating this is by petition and he recommended adoption of the resolution. RESOLUTION PURSUANT TO NCGS STATUTE #160A-31(C) (KINWOOD BY THE RIVER, SECTION TWO, TARHEEL VENDING, INC. PROPERTY). RESOLUTION #R1993-029. Councilmember Robertson introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried 8 to 1 with Councilmember Torrey voting in opposition. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. 6. Consideration of a resolution adopting revisions to the electoral district boundaries of the City for the purpose of accounting for territory annexed to the City (17 Recent Annexations) This item was presented by Assistant City Manager Stancil with a recommendation to adopt the resolution. A RESOLUTION ADOPTING A REVISION TO THE ELECTORIAL DISTRICT BOUNDARIES OF THE CITY FOR THE PURPOSE OF ACCOUNTING FOR TERRITORY ANNEXED TO THE CITY. RESOLUTION #R1993-030. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Robertson and carried 8 to 1 with Councilmember Torrey voting in opposition. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. 7. Consideration of a resolution of consideration for annexation. (Hollywood Heights Area) This item was presented by Assistant City Manager Stancil stating that Hollywood Heights has never been in a resolution of consideration for annexation and we need flexibility to annex it. If this resolution is adopted, then approximately one year from now we can begin the process. Councilmember Torrey stated he had been in touch with the residents and they are very much in favor of being annexed. Councilmember Ross was very pleased with this item being on the agenda. RESOLUTION IDENTIFYING AREA (HOLLYWOOD HEIGHTS) AS BEING UNDER CONSIDERATION FOR ANNEXATION. RESOLUTION #R1993-031. Councilmember Ross introduced the foregoing resolution and moved its adoption, seconded by Councilmember Torrey and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. 8. Consideration of adoption of resolutions authorizing the transfer of street maintenance responsibilities. This item was presented by Traffic Engineer Louis Chalmers with a recommendation to adopt the resolutions which will make the following Street Maintenance responsibility transfers effective July 1, 1993, for fiscal year 1993 Powell Bill allocations: LENGTH FROM TO MILES Broadfoot Avenue (SR 1414) Morganton Rd Raeford Rd 0.12 Raeford Road (SR 1414) Broadfoot Ave Robeson St 1.39 Transfer to NCDOT LENGTH FROM TO MILES Ft. Bragg Road Oakridge Ave E Dobbin Ave 0.27 East Dobbin Avenue Ft. Bragg Rd Morganton Rd 1.39 RESOLUTION AUTHORIZING THE TRANSFER OF STREET MAINTENANCE RESPONSIBILITIES (BROADFOOT AVENUE AND RAEFORD ROAD). RESOLUTION #R1993-032. RESOLUTION AUTHORIZING THE TRANSFER OF STREET MAINTENANCE RESPONSIBILITIES (FT. BRAGG ROAD AND EAST DOBBIN AVENUE). RESOLUTION #R1993-033. Councilmember Kendrick introduced the foregoing resolutions and moved their adoption, seconded by Councilmember Bolton and carried unanimously. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1993. 9. Consideration of adoption of ordinances amending Chapter 20, Motor Vehicles and Traffic, for traffic signal removal at Branson Street and Broadfoot Avenue. (Schedule #6: Stop Intersections and Schedule #14: Yield Right-of-Way) Louis Chalmers, Traffic Engineer, presented this item, stating that based on the results of a six-month study period, and having received no complaints regarding the flashing operation, nor finding record of any reported traffic accidents, it is their recommendation to adopt the referenced traffic schedule ordinances. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #6-STOP INTERSECTIONS). ORDINANCE #NS1993-023. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #14-YIELD RIGHT-OF-WAY). ORDINANCE #NS1993-024. Councilmember Robertson introduced the foregoing ordinances and moved their adoption, seconded by Councilmember Torrey and carried unanimously. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinance Book NS1993. 10. Consideration of resolution authorizing agreement for reimbursable work. (City maintenance of state streets) This item was presented by Assistant City Manager Stancil stating that the adoption of this resolution would allow us to mow, edge and street sweep on the state streets. RESOLUTION AUTHORIZING AGREEMENT FOR REIMBURSABLE WORK. RESOLUTION #R1993-034. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Robertson and carried unanimously. A copy of the foregoing resolution are on file in the Clerk's office in Resolutions Book R1993. 11. Consideration of adoption of resolution endorsing Olde Fayetteville Association, Inc., proposals regarding downtown business environment. This item was presented by City Attorney Cogswell. This resolution was at the request by Council action at the last Council meeting. A RESOLUTION ENDORSING OLDE FAYETTEVILLE ASSOCIATION, INC. PROPOSALS REGARDING DOWNTOWN BUSINESS ENVIRONMENT. RESOLUTION #R1993-035. Councilmember Bolton moved to adopt the foregoing resolution, seconded by Councilmember Massey and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. 12. Consideration of adoption of resolution endorsing legislation authorizing local law enforcement officers to inspect ABC permittees for ABC violations. This item was presented by City Attorney Cogswell as a result of action by Council at the last meeting. A RESOLUTION ENDORSING LEGISLATION AUTHORIZING LOCAL LAW ENFORCEMENT OF OFFICERS TO INSPECT ABC PERMITTEES FOR ABC VIOLATIONS. RESOLUTIONS #R1993-036. Councilmember Bolton moved to adopt the foregoing resolution, seconded by Councilmember Ross and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. 13. Consideration of adoption of resolutions regarding legislative matters: City Manager Smith presented this item stating this had been discussed at the League of Municipalities in Lumberton a couple of weeks ago. These laws deal with public records, unfunded statements, mandates and restoring collected local revenues. Mr. Smith stated that the problem with these laws would be the cost of implementing what is in the bills. He recommends adoption of the three resolutions. A. House Bill 121 and Senate Bill 418. RESOLUTION (PUBLIC RECORDS). RESOLUTION #R1993-037. B. House Bill 433 and House Bill 434. RESOLUTION (UNFUNDED STATE MANDATES). RESOLUTION #R1993-038. C. House Bill 134 and Senate Bill 48. RESOLUTION (RESTORE COLLECTED LOCAL REVENUES). RESOLUTION #R1993-039. Councilmember Bolton introduced resolutions A, B and C and moved their adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1993. 14. Set joint meeting with Fayetteville Redevelopment Commission. (Suggested date: April 26, 1993) Councilmember Bolton moved to set a joint meeting with the Fayetteville Redevelopment Commission and Council's Information Meeting to be held April 26, 1993, 7:00 p.m. in the First Floor Multipurpose Room, seconded by Councilmember Robertson and carried unanimously. Councilmember Cheek requested that the Redevelopment Commission members be called Tuesday morning to inform them of this meeting. 15. Consideration of request from Councilmember Breeden Blackwell to discuss the feasibility of televised City Council meetings. Councilmember Blackwell stated this would be a great opportunity for the public to be informed of their government functions and move to have staff contact Cablevision on the feasibility of televising the Council meetings and return the information to Council. The motion was seconded by Councilmember Kendrick and carried unanimously. 16. Consideration of request from Councilmember Mark Kendrick to discuss Community Ballot surveys. Councilmember Kendrick expressed his appreciation for Mr. Ernest Johnson, Chairman of MetroVisions, for his letter and editorial in the memo contained in the agenda packet concerning the Community Ballot Surveys. Mr. Kendrick stated he is not sure if it is known what the City does for the community and following some discussion Mr. Kendrick requested that Councilmember Blackwell address these issues to MetroVisions as a member of that committee. 17. Consideration of request from Councilmember Suzan Cheek to discuss signage for rezoning matters. Councilmember Cheek asked for a progress report on the possibility of putting up large signs regarding public hearings on zoning matters. Mr. Smith responded that he has been checking with Traffic Services concerning the possibility of using large metal signs and is checking with other municipalities to see how they handle this. Councilmember Cheek moved to have staff return a proposal within a month on how a big sign can be utilized to announce public hearings on zoning matters, seconded by Councilmember Kendrick and carried unanimously. 18. APPOINTMENTS: A. Nominations to fill one vacancy on Board of Appeals on Buildings and Dwellings. There were no nominations to fill the unexpired term of Eva Ruth to May 1994. 19. ADMINISTRATIVE REPORTS: A. Statement of taxes collected for the month of March, 1993, from the Cumberland County Tax Collector. Council accepted the statement of taxes collected for the month of March from the Cumberland County Tax Collector in the amount of $189,610.23. B. Report on Code Enforcement Team Inspection of the Eufaula Street area. This report was submitted in the agenda packet by Mr. Smith. C. Report on Traffic Signal Warrants Investigation - Robeson Street and Levy Street. There being no further business, the meeting was adjourned at 9:10 p.m. upon motion and second. INFORMATION MEETING MINUTES MONDAY, APRIL 26, 1993 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, APRIL 26, 1993 7:00 p.m. Present: Mayor J. L. Dawkins Councilmembers Milo McBryde, Nat Robertson, Tommy Bolton, Robert A. Massey, Jr., Ida Ross, J. Breeden Blackwell, Thelbert Torrey, Suzan Cheek, Mark Kendrick Fayetteville Redevelopment Commission Members Present: John G. Hood, Chairman; Christina Smith; Beulah Wallace; Julia Culbreth; Eva Ruth Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. Ben Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Mayor Dawkins called the meeting to order and announced that the meeting would be moved to the multipurpose room of City Hall. Upon motion by Councilmember Kendrick, seconded by Councilmember Ross, Council voted unanimously to approve the agenda. The first item on the agenda was a joint discussion with the Redevelopment Commission of economic development strategies. Redevelopment Commission Chairman John Hood introduced Richard Herrera for a presentation on the use of Community Development Block Grant (CDBG) Funds for economic development. Mr. Herrera's presentation compared Fayetteville's use of CBDG funds with the cities of Charlotte, Winston-Salem, Raleigh and Greensboro. Councilmember Cheek asked that Mr. Herrera provide a subsequent report on CBDG regulations regarding job creation and the definition of moderate income. She also suggested that we review the Commercial Loan Program to see if it might be structured in a different manner in order to encourage more participation. Mr. Herrera suggested that one possible use of CBDG funds would be to write an economic redevelopment plan. Mayor Pro-Tem Blackwell suggested that there should be some effort towards the coordination of the activities of the Redevelopment Commission, the Fayetteville Area Economic Development Commission (FAEDC) and the Olde Fayetteville Association. Upon motion by Councilmember Cheek, seconded by Councilmember Massey, Council voted unanimously to encourage the Redevelopment Commission to make the economic development of low income commercial/residential neighborhoods a priority using all resources available. The Mayor next recognized Bill Carey, President of the Olde Fayetteville Association for a presentation of recommendations on funding priorities. Mr. Carey reviewed the process the association had been through to develop these priorities. He indicated that there were three requests: development of the downtown Linear Park from Ray Avenue to Green Street; creation of additional parking in the downtown core, specifically the three hundred block; operation of a downtown trolley. Upon motion by Councilmember Bolton, seconded by Councilmember Cheek, Council voted to request that the Olde Fayetteville Association investigate participation by neighbors of the downtown Linear Park in the cost of its development and report back to City Council in 60 days. The motion passed by a vote of 7 to 2 with Councilmembers Ross and Robertson voting in the negative. Mayor Dawkins next recognized Ed Howard of Communication Technology Associates for a presentation on the 800 MHz radio trunking system. Mr. Howard presented an executive summary of his work with the Public Works Commission and other City staff to determine the best use of the current City communications facilities. His basic recommendation was proceeding with enhancing the system purchased by the Public Works Commission to allow other City departments to use that system. Council expressed concern about moving the repeater for the system from the WFNC tower. Councilmember Ross left the meeting at 9:35 p.m. Upon motion by Councilmember Massey, seconded by Councilmember Robertson, Council voted unanimously to excuse her. Fire Chief Pete Piner then presented information on the relocation of the fire department administrative staff. Mr. Piner reviewed the cost of repairs to Central Station. He suggested three options: to proceed with repair of Central Station; to construct a new central fire station including administrative offices; to relocate the administrative offices to City Hall and pursue the construction of an in-station in the downtown area. Councilmember McBryde summarized the feelings of the Council that the Chief's recommended relocation of fire department administration to City Hall seemed the most logical move and asked that the City Manager come back to Council with a plan for such action. Council then heard a report on discussions with railroad representatives concerning downtown train operations by Traffic Engineer Louis Chalmers. The discussions resulted in a proposal for a $2,000,000 project to construct a new connection to Milan Yard and eliminate approximately 50% of the auto-train conflicts in the downtown area. Upon motion by Councilmember Kendrick, seconded by Councilmember Cheek, Council voted unanimously to endorse this concept, to start the planning process and to look at the feasibility of negotiating appropriate arrangements with the railroads and possible funding sources. Council also suggested that this presentation be made to the Olde Fayetteville Association and the Chamber Transportation Committee. Upon motion by Councilmember Bolton, seconded by Councilmember Massey, Council voted unanimously to adjourn at 9:40 p.m. REGULAR MEETING MINUTES MAY 3, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MAY 3, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan 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 for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Louis Chalmers, Traffic Engineer Frank Simpson, Inspections Superintendent Marian Crowe, Parks and Recreation George Vaughan, Joint Planning Department 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 Reverend John Hedgepeth, Northwood Pentecoastal Holiness Church, offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins presented Certificates of Achievement to the first place winners in the Third Grade Division at the North Carolina Spring Double-Dutch Tournament (rope jumping). Team members receiving the award were Monique Ford from Westarea Elementary School; Alexis Powell, Charisma Deas; and Rochelle Bethea from Howard Elementary School. Rochelle is an honor student at Howard Elementary School and also a member of the J.S. Spivey Girls Action Club that recently policed Wilmington Road. Mayor Dawkins read a proclamation recognizing May 2-8, 1993, as Municipal Clerk's Week and presented it along with a beautiful flower arrangement to Fayetteville's City Clerk Bobbie Joyner. 1. APPROVAL OF AGENDA City Attorney Cogswell advised Council that the protest petition for Item 3C will apply to the application of the zone if the text amendment is approved. He recommended that 3C be set into two items: (a) for text amendment which would require six votes the first time and (b) for application of overlay zone if 3C(a) is approved and would require seven votes. Councilmember Blackwell requested to add Item 13 for discussion of a proposed motion concerning Hospital Corporation of America. Councilmember Kendrick moved to approve the agenda with the addition and change as recommended, seconded by Councilmember Cheek and carried unanimously. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Cheek requested to pull Item J for discussion. Councilmember Robertson moved to approve the consent agenda with the exception of Item J. After a second from Councilmember Blackwell the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of April 19, 1993. B. Approve minutes of information meeting of April 26, 1993. C. Approve tax refunds over $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. D. Approve request for fireworks display from The Fayetteville Generals, contingent upon satisfaction of Fire Prevention Bureau conditions. E. Approve bid award for purchase of 30,000' of 750 MCM Underground Primary Power Cable to WESCO, low bidder in the amount of $113,250. (PWC) Bids received were as follows: WESCO (Raleigh, NC) $113,250.00 Rigby Electric Supply (Rocky Mount, NC) $125,400.00 Scott-Parish Electric (Raleigh, NC) $125,510.40 Eastern Electric (Raleigh, NC) $127,260.00 F. Adopt resolution authorizing sale of City property located between northern margin of Butternut Drive and southern margin of Hornbeam Road. The minimum being advertised was $7,325. The sole bidder was West Fayetteville Church of Christ in the amount of $10,007. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY (LAFAYETTE WATER CORPORATION). RESOLUTION #R1993-040. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. G. Adopt resolution authorizing sale of City property located at intersection of northern margin of Julliard Drive and western margin of Louisburg Place. The minimum bid advertised was $4,875. The single bid was by Kaleb and Nelly McKinnie in the amount of $9,500. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY (LOT 69, COLLEGE DOWNS). RESOLUTION #R1993-041. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. H. Set public hearing for May 17, 1993, to consider speed limit reduction in Clairway and Briarwood Subdivisions. I. Approve revisions to Section 20-106 of the Fayetteville City Code: 1. Schedule #14 - Yield Right-of-Way (deleted from Asheville Drive at Magellan Drive) AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC. ORDINANCE #NS1993-025. 2. Schedule #6 - Stop Intersections (added to Asheville Drive at Magellan Drive) AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC. ORDINANCE #NS1993-026. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinance Book NS1993. J. Approval of amendment to Section 1-8 of the Fayetteville City Code describing the City Seal. Councilmember Cheek pulled this item to ask why we had to have an ordinance changing the seal. City Manager Smith responded that we have an ordinance in the code book that describes the City seal and this ordinance is changing that description in our code book. AN ORDINANCE AMENDING SECTION 1-8, CITY SEAL ALTERED. ORDINANCE #1993-005. Councilmember Cheek introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. Councilmember Torrey requested that a replica of the seal be sent to all the schools informing them of this change so that the students would be better informed. The City Attorney stated that we could send a copy of this ordinance to all of the schools. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for speakers on public hearings and nonpublic hearings. A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour Speed Zone on Hewitt Drive. This item was presented by City Traffic Engineer Chalmers stating that it was by a petition signed by a majority of the residents and recommended adoption of the ordinance. The public hearing was opened at 7:18 p.m. and there being none to be heard in favor or opposition to this matter, the public hearing was closed. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #8-SPEED CONTROL). ORDINANCE #NS1993-027. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. B. Consideration of adoption of resolution and order closing Turtle Point Drive. This item was presented by City Manager Smith stating that the recommendation was for the portion of Turtle Point Drive owned by Dr. Franklin Clark be closed and the remainder of the property be left open. The public hearing was opened at 7:21 p.m. Dr. Franklin Clark stated that he was the petitioner and available for any questions. Mr. William E. Clark, 145 Person Street, had requested to speak in opposition if the entire street were to be closed, however, he had no objection if Council followed the City Manager's proposal. There being none further to be heard on this matter, the public hearing was closed at 7:23 p.m. A RESOLUTION CLOSING A PORTION OF TURTLE POINT DRIVE. RESOLUTION #R1993-042. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Ross and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. C. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances to establish Noise and Accident Potential Zone 2 as an overlay district to the Fayetteville zoning map as evidenced by a map and text on file with the Planning Department. (P92-143) Planning Director Vaughan presented this item giving an overview of the impacts of compatible land use at Ft. Bragg-Pope Air Force Base and the impacts of military operations on local land use. He stated that all of this began in the 1970's when the first air installation compatible use zone was created for Pope Air Force Base in 1975, updated in 1985, and the last one completed in 1990. The one currently underway is expected to be completed in June 1993. Mr. Vaughan added that the ICUZ for Ft. Bragg was completed in 1989 and the Joint Compatible Land Use Policy in 1992. He said that the areas concerned were Zone 1 and is all on Ft. Bragg and Zone 2 takes in approximately 4-6 acres of the McLean/Thompson Tract and a small area across McArthur Road. City Attorney Cogswell reminded Council they are actually having to consider two things: (a) consideration of the text amendments; and (b) consideration of application of the overlay to the land area involved. He suggested that Council consider each of these a and b as separate public hearings. 3C(a) Consideration of Amendment of Chapter 32, "Zoning" Ordinance of Noise Accident Potential Zone (NAPZ). The public hearing was opened at 7:41 p.m. and speaking in favor was Clinton Harris, 4713 Wautauga Road, because he feels this could cause removal of Ft. Bragg's training permanently and a loss of approximately 10,000 area residents if it is not approved. This would affect our jobs, shopping centers, and taxes. Also appearing in favor was Colonel John Altenburg, Jr. from the Staff Judge Advocate's Office at Ft. Bragg, urging Council to approve the document and recommendations because it is in the best interest to the citizens. Appearing in opposition was Stacy Weaver, Attorney representing the two petitioners, stating that the proposed ordinance lacks justification, clarity and balancing of interests. He elaborated on each of the reasons which were submitted in the minutes of the Planning Board hearing in the agenda packet. Mr. Weaver concluded by stating that months ago when this all began it was stated to them that Ft. Bragg would plan to purchase this property and they have not heard from them since. He stated they feel this would probably be the best solution. He again requested Council not adopt an ordinance as drastic as this one until that process has had a chance to take place. Colonel Altenburg appeared in rebuttal stating that the proposal to purchase the property had been prepared by Director of Public Works and Environment and forwarded to Washington on April 1. Colonel Altenburg stated he feels that it falls on Council to do what they think is best until approval to purchase the property has come in. There being none further to be heard on this matter the public hearing was closed at 8:01 p.m. At this time Mr. Cogswell referred to the minutes of the Planning Board meeting included in the packet of the second paragraph and requested that Council, by motion, include by reference into the proceedings for tonight the following: "The ICUZ for Ft. Bragg completed in 1989 and the Joint Compatible Land Use Policy in 1992". He stated that these documents were previously endorsed by Council because they formed a lot of the basis for this ordinance that's before Council tonight. Councilmember Cheek moved to follow the City Attorney's recommendation, seconded by Councilmember Torrey and carried unanimously. AN ORDINANCE AMENDING CHAPTER 32 "ZONING" (SECTIONS 32-2, 32-5, CREATING SECTION 32-8.1, 32-21.3 AND 4). ORDINANCE #S1993-006. Councilmember Ross moved to adopt the foregoing ordinance, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1993. 3C(b) Consideration of Application of Overlay to Land Area Involved. This item was presented by Planning Director George Vaughan with a recommendation from the Planning Board and staff for approval. City Attorney Cogswell's added that there is a valid protest petition which requires a 3/4 vote for approval. He recommended that the public hearing be opened for this item. The public hearing was opened and speaking in favor was Clinton Harris stating that he was requesting Council to adopt all noise items that are requested by Ft. Bragg. Also appearing in favor was Colonel John Altenburg, Jr. representing Staff Judge Advocate at Ft. Bragg, stating they realized that Council was in a difficult position but they must consider the safety of all of the citizens in the present and the future and requested that the portion under consideration be approved. Appearing in opposition was Stacy Weaver, Attorney representing the two petitioners. He stated they feel the question is not whether we lose Ft. Bragg or not. They will not leave because of the new construction in progress and the cost of moving troops away from the best place to train. Mr. Weaver said he feels that the land owners should be treated fairly. This ordinance does not contain any compensation to the land owner by having it diminished by being highly restricted. He asked Council to consider this before acting on this matter. Appearing in rebuttal was Clinton Harris stating that his concern was with the noise and would the property owners be able to get building permits for zones 3, 4, and 5 without meeting the recommended standards by the Pentagon as to the sound level for the doors, windows, and walls. Colonel Altenburg responded to Mr. Weaver in that he feels that losing Ft. Bragg is not a factor. The only reason is that this is the right thing to do for the safety of the community. Colonel Altenburg referred to the compensation to the land owner and said that should not be considered in this order at this time. Any time a zoning ordinance is adopted someone loses something. Mr. Weaver appeared in rebuttal stating that in the beginning when they had applied for and received annexation and had received the water and sewer extension, it was planned all along to subdivide the property. The City applied the R15 zoning, which is the most restrictive. He said they did not proceed on good faith that their property would be purchased by Ft. Bragg. He concluded by saying they realized that they would have to give up some of their rights during rezoning, however, the constitution says you can't take land for public purpose without just compensation. The public hearing was closed at 8:30 p.m. Councilmember Massey asked Colonel Altenburg if all aircraft approached the same runways, such as helicopters and the Colonel responded that all aircraft approached landing the same. Helicopters also have a flight plan. Mr. Massey stated he felt that it is very critical to the people living in that area in particular. Councilmember Torrey moved to follow staffs recommendation to approve the application of overlay, seconded by Councilmember Kendrick and carried unanimously. D. Consideration of revisions and amendments to the City of Fayetteville Code of Ordinances, Article VIII, Section 32-59.1, by creating Subsection (Z) for "Festival Signs." (P93-43) This item was presented by Planning Director George Vaughan with a recommendation for approval by the Planning Board and Planning Staff. The public hearing was opened at 8:55 p.m. and speaking in favor was petitioner Robin Legg, representing Olde Fayetteville Association, requesting that Council adopt the ordinance. There being none further to be heard on this matter the public hearing was closed at 8:56 p.m. AN ORDINANCE AMENDING ARTICLES VII, Section 32-59.1 by creating subsection (Z), Festival Signs. ORDINANCE #S1993-007. Councilmember Robertson introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1993. E. Consideration of revisions and amendments to the City of Fayetteville Code of Ordinances creating Chapter 31A, "Water Supply, Watershed Management and Protection." (P93-47) This item was presented by Planning Director George Vaughan with a request from Assistant City Manager Teal to add a paragraph (4) to Article VI on page 20 to read "an existing development that meets the criteria established in Part (1), (2), or (3) of this section shall be vested for a period of five years from the effective date of this ordinance. City Attorney Cogswell requested that the word "or" be added to the end of paragraph (3) to tie the two paragraphs together. The public hearing was opened at 9:02 p.m. and appearing in favor was Walter C. Moorman, 1609 Pew Street. Mr. Moorman stated this was a very complicated ordinance and gave a brief overview of the procedure for arriving at this final ordinance. He requested that it be approved with the changes recommended by Mr. Teal through Mr. Vaughan and Mr. Cogswell. There being none further to be heard on this matter the public hearing was closed at 9:06 p.m. AN ORDINANCE CREATING A NEW CHAPTER 31A, "WATER SUPPLY, WATER SHED MANAGEMENT AND PROTECTION" ORDINANCE #S1993-008. Councilmember Bolton introduced the foregoing ordinance and moved its adoption with the amendments, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1993. F. Consideration of an application by Robin Legg of the Olde Fayetteville Association for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Section 32-59.1, Item (Z) to allow the placement of special events signs in various locations as evidenced by a map on file with the Planning Department. (P93-53) This item was presented by Planning Director George Vaughan with a recommendation from the Planning Board for approval of the Special Use Permit after finding that the Special Use Application is in accordance with the intent of the Ordinance. Councilmember Cheek asked Robin Legg what the measurements of the signs were and Ms. Legg responded that they would be 3'x5' with 1/2 to 2 inch logos. She added that the Appearance Commission and Planning Board have approved their request. Councilmember Cheek asked Ms. Legg if the signs are painted and Ms. Legg responded that the inset is a 1/2" carbon steel sign that will be constructed by McCune Technology. The insert itself will be the colors of the Olde Fayetteville Association, which is dark burgundy, and the letters will be silk-screened gold and replaced every year to change the date. The public hearing was opened at 9:10 p.m. and Mayor Dawkins asked John Lampros if he had anything to add. Mr. Lampros stood in the audience and asked Council to follow the recommendation of the Planning Board and approve the Special Use Permit. Robin Legg and John Lampros had signed up to speak on this matter but stated they had nothing further to add to the response to their questions. There being none further to be heard on this matter the public hearing was closed at 9:10 p.m. Councilmember Cheek moved to follow the recommendation of the Planning Board, Appearance Commission, Historic Resources Commission, and Olde Fayetteville Association and approve the Special Use Permit as requested. The motion was seconded by Councilmember McBryde and carried unanimously. G. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (Petition-initiated contiguous annexation area) (Tarheel Vending, Inc., Property - located north of Kinwood by the River, Section One.) Deputy City Manager Stancil presented the annexation report and recommended adoption of the ordinance to be effective on May 31, 1993. Councilmember Massey stated that several of the support agencies had expressed a concern that bringing in these properties north of Fayetteville might tax their services to those areas. He asked Mr. Stancil if annexing this area will generate enough taxes to expand these services. Mr. Stancil responded that in the past, annexation was done to already developed areas allowing us to know what the services are and what the total tax value would be. Due to PWC policy to extend services only if the area applies for annexation has changed that. He said that we are keeping track of the growth of these subdivisions and they will have an impact, but the tax revenue will also increase as houses are built and people move it. We will report back to Council as additional services are required. The public hearing was opened at 9:16 p.m. and there being none to speak in favor or opposition the public hearing was closed. AN ORDINANCE TO EXTEND LIMITS TO TARHEEL VENDING, INC. PROPERTY. ANNEXATION ORDINANCE #93-05-366. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried 8 to 1 with Councilmember Torrey voting in opposition. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1993. 4. Consideration of a resolution of the City Council of the City of Fayetteville adopting a revision to the electoral district boundaries of the City for the purpose of accounting for territory annexed to the City. (Assignment of Tarheel Vending, Inc., property to District #1) This item was presented in the agenda packet with a recommendation for adoption of the resolution from Deputy City Manager Stancil. A RESOLUTION ADOPTING A REVISION TO THE ELECTORAL DISTRICT BOUNDARIES OF THE CITY FOR THE PURPOSE OF ACCOUNTING FOR TERRITORY ANNEXED TO THE CITY. RESOLUTION #R1993-043. Councilmember Robertson introduced the foregoing resolution and moved its adoption seconded by Councilmember Kendrick and carried 8 to 1 with Councilmember Torrey voting in opposition. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 5. Consideration of request to address City Council from Randy S. Gregory, Attorney, representing Charlie Collins. Mr. Gregory was not present to speak on this matter representing Charlie Collins. Mr. Collins, 428 Moore Street, appeared before Council requesting parking for his business to be made available because he previously was using a City-owned lot across the street in front of his business for parking and it has been fenced in. He stated that he had been informed that the parking lot had been fenced in at the request of the Police Department because of drug dealings and prostitution in that lot. He stated that this is not the case and if he sees improprieties in this area he takes it upon himself to ask the people to leave. Councilmember Blackwell stated to Mr. Collins that he had participated in the Ride-Along program with a police officer between 9:00 p.m. and 2:00 a.m. and had observed male prostitution activities along with large gatherings of people in the street and the parking area. He stated that based on the police report of the activity in this area and his personal eye-witness account, he could not vote to contribute to this. City Manager Smith stated he had been unable to find any record where Council had given Mr. Collins permission to use the City's lot for parking. Councilmember Torrey suggested to Mr. Collins that he contact the private owners on each side of the his restaurant to inquire about renting parking space from them. Mr. Collins then requested to purchase the lot from the City across from Lynn's Restaurant. Councilmembers advised Mr. Collins to send a proposal to the City Manager. Mr. Smith expressed his appreciation to Lt. Vera Bell and Sgt. Tom Guilette for being present tonight concerning Item 5. 6. Consideration of approval of name changes for City parks. This item was presented in the agenda packet with a recommendation for approval from the Parks and Recreation Advisory Commission. The changes were to rename Lamon Street Park to Veterans Memorial Park and change Rhododendron Gardens to the Mildred B. Poole Memorial Garden. Councilmember Kendrick moved to follow the recommendation and change the name of the two Parks, seconded by Councilmember Ross and carried unanimously. 7. Consideration of request for No Parking on Hillsboro Street. This item was presented in the agenda packet by the City Traffic Engineer Louis Chalmers with a recommendation for approval. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Kendrick. Councilmember Massey was concerned with the impact on the businesses and churches in that area. The motion and second were withdrawn. Councilmember Massey moved to postpone action for 30 days so that City staff can compile a report that will detail the average amount of time the trains are on that track per month and the economic impact on the nine businesses and two churches on Hillsboro Street. The motion was seconded by Councilmember Robertson and carried unanimously. 8. Consideration of adoption of ordinance amending Chapter 14 of the City of Fayetteville Code of Ordinances, "Garbage, Trash and Weeds". This item was presented by Deputy City Manager Stancil with a recommendation to approve the ordinance changing the current fine for illegal dumping on the streets from $5.00 to a one 15-day notice and penalty is increased to $100 per day. There was some discussion. AN ORDINANCE AMENDING CHAPTER 14, GARBAGE, TRASH AND WEEDS. ORDINANCE #S1993-009. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Robertson and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1993. 9. Consideration of Municipal Agreement between City of Fayetteville and N.C. DOT for landscaping/maintenance. This item was presented in the agenda packet by Deputy City Manager Stancil with a recommendation to authorize the Mayor to execute the agreement. The resolution reads as follows: WHEREAS, the North Carolina Department of Transportation has plans to make certain landscape improvement in the vicinity of Fayetteville in Cumberland County; and, WHEREAS, the City of Fayetteville has agreed to assume all maintenance responsibilities for the landscaping of said areas as set forth in this Agreement, at no expense to the Department. NOW, THEREFORE, BE IT RESOLVED that said project in Cumberland County, is hereby formally approved by the City Council of the Municipality of Fayetteville and that the Mayor and Clerk of this Municipality are hereby empowered to sign and execute the Agreement with the Department of Transportation. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Kendrick and carried unanimously. 10. Consideration of request from Councilmember Kendrick to discuss the following: 1. Neighborhood speed limits Councilmember Kendrick stated he felt that there is a need to consider a 25 mile per hour speed limit in the neighborhoods throughout the City unless otherwise posted. Councilmember McBryde moved to refer this item to the Streets and Roads Committee of Council, seconded by Councilmember Robertson and carried unanimously. 2. Storm drain and curbs Councilmember Kendrick stated he had discovered that our storm drains and curbs are filled with overgrown grass and dead leaves, litter and pine straw causing many to stop up and create a drainage problem. Councilmember Bolton moved to refer this item to the Council Streets and Roads Committee, seconded by Councilmember Robertson and carried unanimously. 11. APPOINTMENTS: A. Nominations to fill one vacancy on Board of Appeals on Buildings and Dwellings. Dole Hubbard was nominated for a second term to May 1995 by Councilmember Tommy Bolton. There were no nominations to fill the vacancy of Eva Ruth to May 1995. 12. ADMINISTRATIVE REPORTS: A. Report on tax refunds less than $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. B. Report on relocation of Fire Department Administration. Councilmember Robertson moved to approve the relocation of the Fire Department administration to City Hall leased space, seconded by Councilmember Massey and carried unanimously. C. Discussion of residential garbage and trash collection. Councilmember Cheek stated from the report submitted in the agenda packet, it appears that Fayetteville is the fourth largest metropolitan city in the state doing fifth rate service in garbage and trash collection. She asked staff to investigate other ways to provide better service rather than add on to service as it is now. She requested that they check to see how we could provide twice a week service at least during daylight savings time. Mr. Smith responded that our service is good and we should be proud. He reviewed some of the differences in the service of the larger cities as compared to our service. Following discussion, Councilmember Cheek moved that as part of the budget deliberation staff provide some alternatives that staff can schedule to provide curbside pick-up for household garbage and keep it affordable. The motion was seconded by Councilmember Massey and carried unanimously. D. Status report on Butler-Warner Plant Construction Projects. This report was submitted in the agenda packet. E. Report on zoning violation. A report on this item will be at the next meeting following the end of the thirty-day notice to have the materials removed that are in violation. 13. Discussion of Proposed Motion by Councilmember Blackwell Concerning Hospital Corporation of America. Councilmember Blackwell moved that the Fayetteville City Council strongly encourage the Cumberland County Board of Commissioners to give serious consideration to the feasibility of allowing Hospital Corporation of America's Highsmith-Rainey Memorial Hospital to purchase from the County of Cumberland its remaining lease; thereby, providing HCA Highsmith-Rainey Memorial Hospital a greater incentive to make significant investments in downtown Fayetteville in keeping with the City Council's goal of fostering the economic development throughout the City. The motion was seconded by Councilmember Robertson. Councilmember Blackwell stated that the Medical Arts Building is fully occupied at this time and the HCA will not do any additional construction that is planned for enlargement for either the hospital or the Medical Arts Building until this lease is settled. He stated that should they leave the area then that building would be only a shell because they own all of the equipment. Councilmember McBryde stated he has not seen all the information that might be available on the subject and feels that it will appear the City is trying to tell the County what to do. Councilmember Cheek offered a substitute motion to place this item on the next regular agenda for the City Council, seconded by Councilmember Bolton to enable discussion. Councilmember Bolton stated he felt this should be referred to the City/County Liaison Committee in order to become more informed. Councilmember Cheek withdrew her substitute motion and Councilmember Bolton offered substitute motion to refer this matter to the City/County Liaison Committee in May, seconded by Councilmember Cheek. Mayor Dawkins called for a vote and the motion failed 4 to 5 with Councilmembers Blackwell, Kendrick, Robertson, Massey, and Ross voting in opposition. Mayor Dawkins then returned to the main motion of Councilmember Blackwell and it carried 7 to 2 with Councilmembers McBryde and Bolton voting in opposition. Councilmember Bolton stated he would have to vote in opposition because he is uninformed on this subject. At this time Councilmember Kendrick stated he received a petition at break time tonight for renaming the Central Business District (CBD) loop after Martin Luther King, Jr. and asked staff to contact the County Commissioners concerning when and what portion of this road they had previously named after Martin Luther King, Jr. There being no further business the meeting was adjourned at 10:25 p.m. upon motion and second. REGULAR MEETING MINUTES MAY 17, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MAY 17, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); and Thelbert Torrey (District 4) Absent: Mark Kendrick (District 6) and Suzan Cheek (District 5)- excused Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Mike Walker, City Engineer Louis Chalmers, Traffic Engineer Elmer Floyd, Human Relations 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 Reverend Jay S. Shoff, new Pastor of the Church of Nazarene, Finnegan Street, offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Councilmember Blackwell moved to excuse Councilmember Kendrick who was out of town attending a school and Councilmember Cheek who is out due to illness. The motion was seconded by Councilmember Massey and carried unanimously 7 to 0. City Attorney Cogswell reminded Council that it will take six votes to pass an ordinance the first time. 1. APPROVAL OF AGENDA Councilmember Massey moved to approve the agenda as submitted, seconded by Councilmember Ross and carried unanimously 7 to 0 with Councilmembers Cheek and Kendrick absent. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember McBryde moved to approve the consent agenda. After a second from Councilmember Robertson, the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of May 3, 1993. B. Approve the rezoning from R5 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located at 583 Winslow Street. (P93-40) C. Approve tax refunds over $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. D. Approve bid award for purchase of roll-out carts to Kabco, Inc., low bidder in the amount of $93,786. A copy of the bid tabulation is attached to and made a part of these minutes. E. Approve bid award for purchase of cylinder refill system to Comp-Air and Equipment Company, lowest responsible bidder meeting specs in the amount $22,850. A copy of the bid tabulation is attached to and made a part of these minutes. F. Approve revisions to Section 20-106 of the Fayetteville City Code: 1. Schedule #8 - Cumberland Road Speed Limit Ordinance AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #8 - SPEED CONTROL, CUMBERLAND ROAD). ORDINANCE #NS1993-028. 2. Schedule #6 - Traffic Control (Southland Pines) AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #6 - STOP INTERSECTIONS, SOUTHLAND PINES). ORDINANCE #NS1993-029. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinance Book NS1993. G. Set public hearing for June 7, 1993, to consider speed limit reduction for the following: 1. Ashfield Drive from Magellan Drive to end of street. 2. Fairfax Avenue/Fairfax Place from Fort Bragg Road to McPherson Avenue. H. Set public hearing for June 7, 1993, for public input on FY 93-94 Budget. 3. PUBLIC HEARING: Mayor Dawkins read the policy on the time limit for speakers on public hearings and nonpublic hearings. A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour Speed Zone in Clairway and Briarwood Subdivisions. This item was presented by Traffic Engineer Louis Chalmers stating that we have received petitions signed by a majority of residents on all the streets in Clairway and Briarwood subdivisions. This is the advertised public hearing for this date and hour for citizen input. The public hearing was opened at 7:10 p.m. and appearing in favor due to the speeders being very dangerous to the children and having accidents in the yards of the residents were Mr. Bill Vurnakes, Mr. John Fox and Dr. William Pearce. There were approximately 25 residents present in the audience in favor of this speed reduction. There was none to appear in opposition and the public hearing was closed at 7:18 p.m. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #8 - SPEED CONTROL, CLAIRWAY AND BRIARWOOD SUBDIVISIONS). ORDINANCE #NS1993-030. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Blackwell and carried unanimously 7 to 0 with Councilmembers Cheek and Kendrick absent. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. B. Consideration of renewal of the Municipal Service District. City Manager Smith presented this item and told Council that this has no bearing on the tax rate. This is to renew the Municipal Service District for the downtown area for another five years. The current tax rate for the Downtown Municipal Service District is 8.5¢ per $100 property value. This is the advertised public hearing for this date and hour for citizen input. The public hearing was opened at 7:24 p.m. and appearing in favor was Horace Thompson representing Olde Fayetteville Association. He stated that the Olde Fayetteville Association is the only organization involved with center-city revitalization and they are requesting that Council consider the adoption of this resolution and keeping the tax rate at 8.5¢ per $100 property value. Mr. Baalam McLean, Route 12, Box 694, property owner at 600 Hay Street, stated he was in favor of the tax, however, he feels that all the property should be treated fairly and gave an example of trash cans being placed on properties across the street from his during a recent parade; however, he had to clean the area in front of his property and around a bus stop because no trash receptacles were placed there. There was no one to speak in opposition to this matter and the public hearing was closed at 7:31 p.m. A RESOLUTION CREATING A MUNICIPAL SERVICE DISTRICT PURSUANT TO CHAPTER 160A, ARTICLE 23 OF THE NORTH CAROLINA GENERAL STATUTES. RESOLUTION #R1993-044. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Ross and carried unanimously 7 to 0 with Councilmembers Cheek and Kendrick absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 4. Report from Human Relations Commission on proposals to honor Dr. Martin Luther King, Jr. This item was presented by the Human Relations Commission Chairperson Judy Lowe. She read the report following the April 15 public hearing held by the Human Relations Department at City Council's request. The report included a recommendation based on what the community suggested which included the importance that this site be a reminder that issues of social justice still exist; that the cost burden should be low; and that it should not decrease the existing cultural and historical heritage of the community. Their further major criteria and options were that it should not detract from the existing historical context in heritage; it should be a suitably large or prominent choice for the intent of the decision; it should not impose a cost burden on people, businesses, and government; it should act as a symbolic "bridge" to cross racial/ethnic boundaries; it should have support from the people most directly affected by the decision; it allows the community to "get on with it"; and it lets the City Council make the decision. Her report concluded by stating that considering the criteria and the alternatives they arrived at the following recommendations after discussion: do not rename Murchison Road; and (1) rename the CBD Loop to honor Dr. King; or (2) name the outer loop (US 13 Bypass) to honor Dr. King; or (3) erect a statue or statue group in an appropriate place. Ms. Lowe thanked Council for the opportunity to include the entire community in the selection process and gave special thanks to Mr. Alexander Wojcicki, senior partner of Decision Focus, a local consulting firm who assisted in gathering data for the subcommittee at no charge. At this time Mayor Dawkins recognized the Human Relations Commission members present in the audience and Wanda Toney, a student at Mary McArthur School who participated in the public hearing. He asked if she had anything to add. Ms. Toney showed several posters that she had made showing her vision of the statue of Martin Luther King with a group of children. She also presented a poster to Mayor Dawkins that she had made. Councilmembers Torrey, Massey, Ross and Blackwell each expressed appreciation for the great amount of work that has been done by the Human Relations Commission and Department and to Mr. Wojcicki. Councilmember Torrey also requested that action be taken right away. Mayor Dawkins stated he felt that Councilmembers Kendrick and Cheek would like to have their input, therefore we would table this until their return. At this time Mayor Dawkins recognized Seavy Saunders from Southview Senior High School who was the youth counterpart for the City Attorney last week during Youth Council Week. He also recognized former Mayor Pro-Tem Aaron Johnson and former Mayor Bill Hurley. 5. Consideration of request to address City Council from Frank Dawkins, I.H. "Ike" O'Hanlon and Dr. Robert Downing. Mr. Frank Dawkins appeared before Council concerning the Central Business District (CBD) Loop. He stated he was appearing on behalf of his father Charlie Dawkins who died in 1977 and was the former member of the original Board of Aldermen, City Council, a trustee for Fayetteville State University, served as a North Carolina Highway Commissioner, was on the Airport Commission, was the Chamber of Commerce's Man of the Year in 1970, and received the Distinguished Service Award from the Cumberland County Commissioners. Mr. Dawkins requested Council to consider naming the CBD Loop in his memory along with the Fayetteville Arsenal. He added that Mr. Charlie Dawkins secured funds that built the CBD Loop among other roads. Mr. Dawkins also commended Wanda Toney for her work on the Martin Luther King project and stated that he felt a statue would be a wonderful way to honor Mr. King. Mr. O'Hanlan reviewed the many positions that Mr. Charlie Dawkins had held and added that the Dawkins family has contributed a great deal to our community and our state. He respectfully requested that the CBD Loop be named the Charlie Dawkins Arsenal Expressway. Dr. Robert Downing echoed sentiments of Mr. Dawkins and Mr. O'Hanlan and asked Council to permanently commemorate the arsenal and Charlie Dawkins by naming the CBD Loop the Charlie Dawkins Arsenal Expressway. 6. Consideration of a resolution of the City Council of the City of Fayetteville pursuant to N.C.G.S. 160A-31(c). (The Crossings at Morganton - Section II) This item was presented in the agenda packet with a recommendation to adopt the resolution having the clerk investigate the petition and setting a public hearing for June 7 for annexation of The Crossings at Morganton - Section II. A RESOLUTION PURSUANT TO N.C.G.S. 160A-31(C). RESOLUTION #R1993-045. Councilmember Robertson introduced the foregoing resolution and moved its adoption, seconded by Councilmember Ross and carried unanimously 7 to 0 with Councilmembers Cheek and Kendrick absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 7. Consideration of Lease Agreement between City of Fayetteville and ARS for transfer station site. This item was presented by Deputy City Manager Stancil stating that the American Refuse System (ARS) has given a proposal of $1,500 per month lease with a five-year term. Also the proposed lease allows us to use the transfer station at no cost with prior notice. He recommended that Council authorize advertisement of the lease. Councilmember McBryde moved to follow the recommendation and authorize advertisement, seconded by Councilmember Bolton and carried unanimously 7 to 0 with Councilmembers Cheek and Kendrick absent. 8. Consideration of Municipal Agreement between City of Fayetteville and N.C. Department of Transportation for Amtrak station improvements. This item was presented by City Manager Smith with a recommendation to approve the reimbursement agreement. WHEREAS, the North Carolina Department of Transportation has included in its 1992 Transportation Improvement Plan enhancement monies for improvements to the railway station located within the Municipality; and, WHEREAS, the Municipality has agreed to assume responsibility for all aspects of said improvements including planning, design and construction of the project subject to the review and approval of the Department and in accordance with state and federal standards; and, WHEREAS, the Department has agreed to reimburse the Municipality 90 percent (90%) of the costs of the project subject to the conditions set forth in this agreement. NOW, THEREFORE, BE IT RESOLVED that Project P-2904 and this Agreement are hereby formally approved by the City Council of the Municipality of Fayetteville and that the Mayor and Clerk of this Municipality are hereby empowered to sign and execute the Agreement with the Department of Transportation. Councilmember McBryde moved to follow the recommendation to approve the lease, seconded by Councilmember Robertson and carried unanimously 7 to 0 with Councilmembers Cheek and Kendrick absent. 9. Report from City-County Liaison Committee. This item was presented by City Manager Smith in the absence of Committee Chairman Cheek. The recommendation was to endorse the timetable and instruct staff to proceed with developing urban standards in accordance with the timetable attached to the City-County Liaison minutes of the April 22, 1993 minutes. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Massey and carried unanimously 7 to 0 with Councilmembers Cheek and Kendrick absent. 10. Report from Streets and Roads Committee. A. Request from Methodist College for speed limit reduction and traffic light installation on Ramsey Street. Councilmember Bolton moved to request NCDOT install traffic signal at Methodist College and reduce the speed limit to 45 mph to the corporate City limits. The motion was seconded by Councilmember Ross and carried unanimously 7 to 0 with Councilmembers Cheek and Kendrick absent. B. Request from N.C. DOT to reconsider railroad signalization projects. City Manager Smith presented this item stating that if Council approves the recommendation to proceed with the railroad projects they will come back to Council project by project basis for approval. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Blackwell and carried unanimously 7 to 0 with Councilmembers Cheek and Kendrick absent. C. Traffic signal warrants investigation - Robeson Street and Levy Street. Councilmember McBryde moved to set a public hearing at the June 21st regular Council meeting for public input for the Robeson Street and Levy Street traffic signals. The motion was seconded by Councilmember Robertson and carried unanimously 7 to 0 with Councilmembers Cheek and Kendrick absent. D. Discussion of neighborhood speed limits. This item was presented by City Manager Smith in the absence of Chairman Kendrick. Following some discussion Councilmember Robertson moved to send this item back to the Council Streets and Roads Committee to consider changing each residential street speed limit. The motion was seconded by Councilmember McBryde and carried 6 to 1 with Councilmember Robertson in opposition and Councilmembers Cheek and Kendrick absent. Councilmember Massey stated he was concerned with the impact this would have on the flow of traffic around the City and that at 35 mph the children should be safe enough. At this time, Councilmember Blackwell announced that the Streets and Roads Committee had set a public hearing for June 24, 7:00 p.m. Highland Presbyterian Church regarding what the residents would recommend to be done to Oakridge Avenue. 11. Consideration of setting joint meeting with Public Works Commission for May 24, 1993. This item was presented by City Manager Smith stating that the meeting with PWC would be to discuss a timetable for future annexations. Councilmember McBryde moved to follow the recommendation to meet jointly with PWC at the regular information meeting on May 24. The motion was seconded by Councilmember Blackwell and carried unanimously 7 to 0 with Councilmembers Cheek and Kendrick absent. 12. Presentation of Recommended Budget for FY 93-94. The City Manager presented this item with a brief overview showing that it includes a 2% cost of living raise for the employees with an additional 1% one-time merit bonus for incentive. This budget does not include the recommended budget for the Municipal Service District since the resolution was presented at tonight's meeting and it does not include the PWC budget because they adopted theirs Thursday and the City Manager's office just received it this afternoon. He also recommended a $1.2 million general fund balance appropriation and maintaining the tax rate at 56¢ per $100. Council will begin deliberation on the budget at the May 24th information meeting. 13. APPOINTMENTS: A. Nominations to fill one vacancy on Board of Appeals on Buildings & Dwellings. Mayor Dawkins called for a vote to elect Mr. Dole Hubbard for a second term. He was nominated by Councilmember McBryde at the last meeting. Mr. Hubbard's term would be to May 1995. The vote was unanimous. There were no nominations to fill the vacancy of Eva Ruth, term to May 1995. 14. ADMINISTRATIVE REPORTS: A. Statement of taxes collected for the month of April, 1993, from the Cumberland County Tax Collector. Council received the statement of taxes collected for the month of April in the amount of $122,168.59. B. Report on tax refunds less than $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. C. Follow-up report on zoning violation. This report was contained within the agenda packet. D. Report on Norfolk and Southern Railway Reconstruction. This report was contained within the agenda packet. There being no further business the meeting was adjourned at 9:10 p.m. upon motion and second. INFORMATION MEETING MINUTES MONDAY, MAY 24, 1993 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, MAY 24, 1993 7:00 PM Present: Mayor J. L. Dawkins Councilmembers Milo McBryde, Nat Robertson, Tommy Bolton, Robert A. Massey, Jr., Ida Ross, J. Breeden Blackwell, Thelbert Torrey, Suzan Cheek, Mark Kendrick Public Works Commission Members Present: Chairman Robert Williams, William H. Owen, Lyndo Tippett Public Works Commission Members Absent: Bobby McCoy Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Tim Wood, PWC Manager Mayor Dawkins called the meeting to order and immediately moved the meeting to the first floor multipurpose room. Councilmember McBryde moved for the approval of the agenda. The motion was seconded by Councilmember Cheek. Councilmember Blackwell asked that Mr. McBryde's motion be amended to add an item #6, Consideration of a resolution from the Cumberland County School Board. Both Councilmember McBryde and Councilmember Cheek stated they would not accept the amendment to their motion. Mr. McBryde's motion passed with Councilmembers McBryde, Cheek, Bolton, Torrey and Kendrick voting in the affirmative and Councilmembers Blackwell, Robertson, Ross and Massey voting in the negative. Mayor Dawkins then recognized the Public Works Commission for a joint session to discuss annexation plans. He first recognized Chairman Williams for any comments. City Manager Smith then discussed the process through which the City staff worked with the staff of the Public Works Commission to develop the plan to be presented. Assistant City Manager Jimmy Teal then presented the plan developed by the staff group. After some discussion, Councilmember McBryde moved that the annexation time table proposed in the plan be adopted. This motion was seconded by Councilmember Kendrick and adopted unanimously. Council next considered a bid award for the PWC Operations Complex, Phase I, Site Development Project. Upon motion by Councilmember Robertson, seconded by Councilmember Ross, Council voted unanimously to award the bid to Barnhill Contracting Company, low bidder. City Manager John Smith then presented the recommended budget for FY93-94. City Manager Smith pointed out the new work program presented in this budget and asked Councilmembers for comments. Councilmember Cheek indicated that she would like to see greater involvement of the public and appointed commissions in implementation of the work program. Councilmember Blackwell stated that he liked the emphasis on customer service and would like to see any proposed merit plan before implementation. City Manager Smith then discussed the fund balance and authorized employee reports included in the budget. Upon motion by Councilmember Bolton, seconded by Councilmember Ross, Council voted unanimously to convene into executive session to discuss personnel matters at 9:07 p.m. Council reconvened into public session at 9:37 p.m. Upon motion by Councilmember Robertson, seconded by Councilmember McBryde, Council voted unanimously to continue this meeting until Thursday, June 3, at 4:00 p.m. in the multipurpose room. CONTINUATION OF MAY 24 INFORMATION MEETING THURSDAY, JUNE 3, 1993 FAYETTEVILLE CITY COUNCIL MINUTES CONTINUATION OF MAY 24 INFORMATION MEETING FIRST FLOOR MULTIPURPOSE ROOM CITY HALL 433 HAY STREET THURSDAY, JUNE 3, 1993 4:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Milo McBryde, Nat Robertson, Tommy Bolton, J. Breeden Blackwell, Robert Massey, Thelbert Torrey, Suzan Cheek, Mark Kendrick Absent: Councilmember Ida Ross Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Mayor Dawkins reconvened the meeting of May 24 and recognized City Manager John Smith for a continuation of the discussion on the proposed 1993-94 Budget. Council first discussed a joint meeting with the County Commissioners on storm-water management. It was decided this meeting would be held at 7:00 p.m., June 14 in the first floor multipurpose room. Council then proceeded to review departmental budgets beginning with the Governing Body. Discussion reached to the Police Department budget. Council asked that Ron Hansen, Chief of Police, be at the next budget workshop. Councilmember Massey arrived at 6:15 p.m. Upon motion by Councilmember Kendrick, seconded by Councilmember Cheek, Council voted unanimously to adjourn at 6:17 p.m. REGULAR MEETING MINUTES JUNE 7, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET JUNE 7, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan 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 for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Mike Walker, City Engineer Louis Chalmers, Traffic Services Director Al McKenzie, Personnel Director Ronald Hansen, Chief of Police Walter J. Haire, Jr., Housing Inspector Al Mitchell, Assistant Planning Director Tim Wood, 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 Pastor Vivian Byrd Collins, Wings a New Nation Church, offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. 1. APPROVAL OF AGENDA City Manager John Smith requested Council add Item 2U which is the resolution for Council to urge the Cumberland County Legislative Delegation to support House Bill 1195 and Senate Bill 969, as requested by Councilmember Blackwell. Mr. Smith also requested to reset the public hearing to July 6 for citizen input concerning Robeson Street and Levi Street for traffic signals. This was previously set at the May 17 meeting for June 21. Councilmember Bolton moved to approve the agenda with the additions, seconded by Councilmember McBryde and carried unanimously. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Kendrick requested to pull Item 2N, Councilmember Torrey requested to pull Items J and S, Councilmember Blackwell requested to pull Item U and Councilmember McBryde requested to pull Item L, all for discussion. Councilmember Bolton moved to approve the consent agenda with the exception of Items J, L, N, S, and U. After a second from Councilmember Robertson the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of May 17, 1993. B. Approve minutes of information meeting of May 24, 1993. C. Approve request for fireworks display from The Fayetteville Generals, contingent upon satisfaction of Fire Prevention Bureau conditions for Fourth of July celebration. D. Approve revisions to Section 20-106, of the Fayetteville City Code: Schedule #6 - Stop Intersections ORDINANCE AMENDING CHAPTER 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #6-STOP INTERSECTIONS, SUGARIDGE LANE). ORDINANCE #NS1993-031. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. E. (Pulled for discussion). F. Approve award of contract for Ray Avenue Street Reconstruction to Barnhill Contracting Company, low bidder in the amount of $339,933.00. Bids received were as follows. Barnhill Contracting Company $339,933.00 McDonald Grading Company 389,895.00 City estimate $285,572.25 G. Approve the rezoning from R6 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 2659 and 2665 Owen Drive. (P93-56) H. Approve the initial zoning to PND Planned Neighborhood District and R10 Residential District or to a more restrictive zoning classification for an area located on the west and east sides of Glensford Drive, south of Cliffdale Road (SR 1400) (P93-58) I. Adopt demolition ordinance for property located at 309 Downing Street (Owners: Israel Ortiz and wife, Alberta Ortiz) AN ORDINANCE REQUIRING CITY BUILDING INSPECTORS TO CORRECT CONDITIONS WITH RESPECT TO DEMOLITION (309 DOWNING STREET, OWNERS: IRAEL ORTIZ AND WIFE, ALBERTA). A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. J. (Pulled for discussion.) K. Approve the following Finance matters: 1. Adopt Budget Ordinance Amendments 93-8 and 93-9 (Revised FY93 Budget and E-9-1-1). Appropriate $37,139 from fund balance for purchase of E-9-1-1-1 software and hardware. 2. Adopt Special Revenue Fund Project Ordinance 93-8 (Seat belt enforcement). Appropriates $10,500 for funding of overtime in enforcement of state's safety belt laws. Grant of $10,000. City matches with $500. 3. Adopt Capital Project Ordinance Closeout 93-7 (Winslow Street Bridge). The project is complete and all available resources have been received and properly accounted for. 4. Adopt Capital Project Ordinance Partial Closeout 93-8 (Digital Traffic and Building). The project is complete and has been audited. L. (Pulled for discussion.) M. Approve bid award for purchase of 75, 10 kVa Transformers to Eastern Electric Supply, low evaluated bid in the amount of $29,850.00. (PWC) Bids received were as follows: Eastern Electric (Raleigh, NC) $29,850.00 Power & Telephone (Nashville, TN) $30,450.00 National Transformer (Wake Forest, NC) $30,600.00 Tennessee Valley (Charlotte, NC) $30,780.00 HESCO, Inc. (Smithfield, NC) $32,025.00 WESCO, Inc. (Raleigh, NC) $36,300.00 Power Supply (Matthews, NC) $40,575.00 Rigby Electric (Rocky Mount, NC) $40,650.00 N. (Pulled for discussion.) O. Approve bid award for purchase of five (5) kVa Padmounted Transformers to Eastern Electric Supply, low bidder in the amount of $33,840.00. (PWC) Bids received were as follows: Eastern Electric (Raleigh, NC) $33,840.00 WESCO, Inc. (Raleigh, NC) $33,375.00 HESCO, Inc. (Smithfield, NC) $34,270.00 Tennessee Valley (Charlotte, NC) $37,775.00 Power Supply (Matthews, NC) $43,795.00 Rigby Electric (Rocky Mount, NC) $43,820.00 P. Approve PWC budget amendments as follows: 1. Amendment No. 2 to the 1993 Operating Budget 2. Adoption of W&SS Annexation Capital Project Fund Q. Approve bid award for purchase of 125,000' of 4/0 AL URD Triplex Cable to Eastern Electric Company, lower bidder in the amount of $102,500.00. (PWC) Bids received were as follows: Eastern Electric (Raleigh, NC) $102,500.00 CED/Mill-Power (Charlotte, NC) $106,000.00 WESCO (Raleigh, NC) $106,500.00 Rigby Electric (Rocky Mount, NC) $109,500.00 Tennessee Valley (Charlotte, NC) $113,125.00 Power & Telephone (Nashville, TN) $113,725.00 Continental Rent-A-Car (Fayetteville, NC) $128,750.00 R. Approve payment to Contraves/SSI for Fire Training Facility as recommended by Airport Commission. Enlarge of burn pit $34,845 Mock-up of fire pit 56,126 $91,007 S. (Pulled for discussion.) T. Authorize advertisement for upset bid for sale of a tract of land formerly utilized by PWC for Utility purposes. This property located at the intersection of the western right-of-way margin of Dodge Drive and the northern right-of-way margin of North Platte Road was previously advertised with a minimum bid of $7,000.00, but no bids were received. U. (Pulled for discussion.) V. Set public hearing for July 6 for public input for Robeson Street and Levi Street traffic signals. 2J. Adopt ordinances imposing a lien on the following locations: Councilmember Torrey asked the duration of the liens and the length of time payment can be made. City Attorney Cogswell stated there was no set time as long as payments are being made regularly. If payments are missed then foreclosure will be begun. Councilmember Blackwell asked if any of the owners had appealed and Building Inspector Haire replied that none had appealed. 1. Lot 89 Deep Creek Road Area (Owner: Michael Anthony Rhone and Charles and Judy Dawkins) AN ORDINANCE IMPOSING A LIEN. ORDINANCE #NS1993-033. 2. 1604 Staley Street (Owner: Mary O. McNeill) AN ORDINANCE IMPOSING A LIEN. ORDINANCE #NS1993-034. 3. 312 Wilmington Road (Owner: M/M Jessie Gainey and/or "Heirs" AN ORDINANCE IMPOSING A LIEN. ORDINANCE #NS1993-035. 4. 411 Davis Street (Owner: Edna Burch, Francis Augsburn, Annie Gamble and Annie Williams. AN ORDINANCE IMPOSING A LIEN. ORDINANCE #NS1993-036. Councilmember Torrey introduced the foregoing ordinances and moved their adoption, seconded by Councilmember Robertson and carried unanimously at 7:15 p.m. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinance Book NS1993. 2L. Approve bid award for purchase of 200,000' of 1/0 ALCN EPR 25kV, 1/C Underground Primary Power Cable to Rigby Electric Company, low bidder meeting specifications in the amount of $291,800.00. (PWC) Councilmember McBryde stated that the backup memo in the agenda packet did not specify the low-evaluated bidder and asked if this was an oversight. PWC Manager Wood responded that Rigby Electric Company was the low bidder meeting specifications and the other two lower bidders did not meet specifications. Councilmember McBryde moved to award the purchase to Rigby Electric Company, low bidder meeting all specifications in the amount of $291.800.00 as recommended. The motion was seconded by Councilmember Bolton and carried unanimously. Bids received were as follows: Rigby Electric Company (Rocky Mount, NC) $291,800.00 Eastern Electric (Raleigh, NC) $378,400.00 Scott-Parish (Raleigh, NC) $276,930.00 Power & Telephone (Nashville, TN) $288,000.00 Tennessee Valley (Charlotte, NC) $236,000.00 Westinghouse Electric Supply $273,200.00 2N. Approve bid award for purchase of two (2) 1500 kVa Power Transformers to Eastern Electric Supply, low evaluated bid in the amount of $43,800.00. (PWC) Bids received were as follows: Eastern Electric (Raleigh, NC) $43,000.00 Rigby Electric Company (Rocky Mount, NC) $151,044.00 WESCO, Inc. (Raleigh, NC) $80,000.00 Power Supply (Matthews, NC) $150,180.00 Councilmember Kendrick stated the bids received varied to extreme. PWC Manager Wood stated they had verified the low bid and it is in compliance. Councilmember Kendrick moved to award the purchase to Eastern Electric Supply, low evaluated bidder in the amount of $43,800.00 as recommended. The motion was seconded by Councilmember Cheek and carried unanimously. 2S. Adoption of resolution Reaffirming Policy on Equal Employment Opportunity for the City Of Fayetteville. Councilmember Torrey asked what the numbers of gender and race for the City were and he was not aware of the Affirmative Action Plan being in the City policy. Personnel Director McKenzie responded that the figures for the gender and race would be available in the next Council meeting agenda and page 49 of the Affirmative Action Plan references the section in the personnel policy. Councilmember Torrey then asked why the Human Relations Department is not connected with the Personnel Department since they deal with people's problems. City Manager Smith responded that the Human Relations Department deals with outside people, employers and businesses and only occasionally do they deal with City personnel. Mr. Torrey then questioned why the racial quota has not been met for the City Attorney's office. Mr. Smith responded that we set goals and objectives for the departments, we do not set quotas on hiring and promotions. He said we do make every effort to eliminate barriers to promotion and eliminate barriers to hiring. Mr. Smith explained that a lot of the smaller departments do not have the vacancies but they do try to look at the projections and the plans and specifically try to move minorities into those areas. Following a lengthy discussion, Councilmember Blackwell asked if the City has a recruitment process to hire qualified people. Mr. Smith responded that we do and in some positions we do constant recruiting. We also go out and specifically seek qualified minority candidates. Councilmember Blackwell moved to adopt the resolution reaffirming the policy on equal employment opportunity for the City Of Fayetteville. The motion was seconded by Councilmember Robertson and carried unanimously. The resolution title is as follows: A RESOLUTION REAFFIRMING POLICY ON EQUAL EMPLOYMENT OPPORTUNITY FOR THE CITY OF FAYETTEVILLE. RESOLUTION #R1993-046. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 2U. A resolution requested by Councilmember Blackwell to the Legislative Department Delegation to support House Bill 1195 and Senate Bill 969. Councilmember Blackwell stated the adoption of this resolution could mean as much as $6 million to Cumberland County Schools and thanked Council for allowing this to be included on the agenda. Mr. Blackwell moved for adoption of the resolution, seconded by Councilmember Ross and carried unanimously. The resolution is as follows: Resolution #R1993-047 RESOLUTION WHEREAS, the Fayetteville City Council strongly supports public schools which provide equal opportunities for all students, and WHEREAS, it is a goal of the North Carolina General Assembly "to provide supplemental funds to low-wealth counties to allow those counties to enhance the instructional program and student achievement" (N.C. General Statute 115C-81), and WHEREAS, Cumberland County is identified as "low-wealth county;" therefore, establishing eligibility of the Cumberland County Schools for Low-Wealth Schools Funding, and WHEREAS, House Bill 1195 introduced by Representative Gene Rogers and Senate Bill 969 introduced by Senator George B. Daniel proposed major increases in the low wealth supplemental funds, BE IT HEREBY RESOLVED, that the Fayetteville City Council does urge the Cumberland County Legislative Delegation to support House Bill 1995 and Senate Bill 969. A copy of the foregoing resolution is on file in the Clerks's office in Resolution Book R1993. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for speakers on public hearings and nonpublic hearings. A. Consideration of adoption of ordinances amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour Speed Zone for the following: This item was presented by Traffic Engineer Chalmers stating that both items were by petition of a majority of the residents and this is the advertised public hearing for this date and hour. 1. Ashfield Drive from Magellan Drive to end of street. The public hearing was opened at 7:36 p.m. and there being none to speak in favor or opposition the public hearing was closed. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC SCHEDULE #8-SPEED CONTROL). ORDINANCE #NS1993-037. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously. 2. Fairfax Avenue/Fairfax Place from Fort Bragg Road to McPherson Avenue. The public hearing was opened at 7:37 p.m. and there being none speak in favor or opposition the public hearing was closed. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #8-SPEED CONTROL). ORDINANCE #NS1993-038. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing ordinances are on file in the Clerk's office in Ordinance Book NS1993. B. Consideration of the initial zoning to PND Planned Neighborhood District or to a more restrictive zoning classification for an area located east of the Norfolk Southern Railroad, east of Ramsey Street (US 401 North) (P93-59) This item was presented by Assistant Planning Director Al Mitchell stating that this is an initial zoning to PND which is the nearest to the zoning in that area. Mr Mitchell stated there was lengthy discussion at the Planning Board meeting and outside the meeting room with concerns of preferring R10 zoning but Planning Board followed Council's policy to initially zoning to PND. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:42 p.m. with none speaking in favor. Appearing in opposition was Mr. Forrest J. Pooler, 5683 Dobson Drive. Mr. Pooler stated this area could not be zoned PND because the developer only has 44 acres and the zoning ordinance calls for 50 acres. He stated that the developer should show plans of the area to be developed and the neighborhood had no advance notice of this meeting tonight. He continued that this is a river basin and there are a lot of wetlands there. He said he was representing the neighborhood and they would prefer an R10 zoning. Mr. Pooler stated they would prefer a safer entrance because the only entrance they have is at Dobson Drive. He stated that developing that could create over 200 additional automobiles using that one exit. Mr Pooler requested that Council continue this public hearing so the neighborhood could have an opportunity to speak on this matter. There being none further to be heard on this matter the public hearing was closed at 7:45 p.m. Councilmember Blackwell asked Mr. Pooler if he was involved in the lengthy discussion with members of the audience following the Planning Board hearing on May 18 as shown in the agenda packet. Mr. Pooler responded that he was and that one of the things they discussed is it should be the burden of the developer to show what he is planning to develop in that area. Mr. Blackwell asked if there was anything else Mr. Pooler would like to tell Council that was discussed in that session and he responded that there was none. Mr. Mitchell reminded Council that at the Planning Board meetings they announce people can sign up for additional notice of the Governing Board's meetings and no one signed up for additional notice. Therefore, they send out no further notices. It was advertised in the newspaper in addition to being on the agenda in the Sunday paper. Councilmember Bolton moved to initially zone this area R10, seconded by Councilmember McBryde. Following some further discussion Mayor Dawkins called for a vote and it carried unanimously. At this time Councilmember Cheek requested that the Planning Board and staff study and report back to Council concerning possibly amending the policy reflecting when PND might be inappropriate zoning. C. Consideration of public input on FY 93-94 Budget. The public hearing was opened at 8:02 p.m. and those representing outside agencies requesting funding were as follows: Tony Rand and Libby Seymour, Arts Council; Bo Thorp, Cape Fear Regional Theater; Tom Grubb, Fayetteville Museum of Art; Harlan Duenow, Fayetteville Symphony Orchestra; Sylvia Ray, Women's Center of Fayetteville; Ann Spiesberger, Dogwood Festival; Richard Spell, Dispute Resolution Center; John W. Hurley, Robin Kelly Legg and Horace K. Thompson, Jr., Olde Fayetteville Association; Bill Dearing and Blanche Hodul, RSVP; and Bruce Daws, F.I.L.I. There being none further to be heard on this matter the public hearing was closed at 8:49 p.m. Council took no action. D. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (Petition-Initiated Contiguous Annexation - The Crossings at Morganton-Section II) The annexation report was presented by Deputy City Manager Stancil with a recommendation to adopt the annexation ordinance to be effective June 30. (Corrected to June 8.) The public hearing was opened at 8:51 p.m. and there being none to be heard in favor or opposition the public hearing was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE (THE CROSSINGS AT MORGANTON, SECTION II). ANNEXATION ORDINANCE #93-06-367. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Robertson and carried 8 to 1 with Councilmember Torrey voting in opposition. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1993. 4. Consideration of a resolution of the City Council of the City of Fayetteville adopting a revision to the electoral district boundaries of the City for the purpose of accounting for territory annexed to the City. (Annexation Number 93-6-367, The Crossings at Morganton, Section II. Assignment of the Crossings at Morganton - Section II to District #5). This item was presented in the agenda packet with a recommendation for adoption of the resolution. RESOLUTION ADOPTING A REVISION TO THE ELECTORAL DISTRICT BOUNDARIES OF THE CITY FOR THE PURPOSE OF ACCOUNTING FOR TERRITORY ANNEXED TO THE CITY. RESOLUTION #R1993-048. Councilmember Robertson introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried 8 to 1 with Councilmember Torrey voting in opposition. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 5. Consideration of request to address City Council from Mr. Thomas French of RAM Mobile Data. Mr. Thomas French made a presentation to Council concerning the RAM Mobile Data stating it offers a public packet data network that gives municipalities the ability to send and receive wireless data at a cost-effective rate. He stated they feel that based on 325 users being put on their network versus building out a private network they can save upwards of $1 million over a five-year period. Following lengthy discussion, Council asked staff to meet with Mr. French and acquire more information and detailed data to present to Council. City Manager Smith stated that staff will be looking over this system for the next 12 months and will be furnishing a lot of information to Council. 6. Consideration of request to address City Council from Mr. John Shaw. Mr. John Shaw, Assistant Vice President of Merril Lynch Company appeared before Council as a resident of the Haymount District and representing the area residents. There were approximately 30 area residents present at the meeting. Mr. Shaw said they were concerned for the amount of violence, drugs, and crime in the Branson Street, Broadfoot Avenue and Arsenal Avenue area. He stated that the police have been very helpful but they are not able to stay there constantly. Mr. Shaw stated they had done everything they could as citizens but they need assistance from the government to provide them with a safe environment. Councilmember Cheek asked Chief Hansen what is being done. Chief Hansen responded that the Police Department does periodic reverse stings by arresting the customers. He stated there have been numerous arrests but there is no place to put the arrestees. He said that meanwhile they are trying to do what they can to educate. Chief Hansen referred to the mobile unit being placed in strategic areas. He concluded by stating the best we can do, at this time, is to organize neighborhood and crime watches and try to take the pressure off the neighborhoods for a short period of time. Following further discussion and remarks by several Councilmembers, Ms. Lois Moses requested to address Council, however this was not a public hearing. Councilmember Ross asked Ms. Moses what it was she wished to address to Council. Ms. Moses stated that they had formed committees and organized trying to get other areas involved in the projects they have been doing, such as cleaning up different areas. She announced they were going to have a clean-up campaign on Saturday morning at 9:00 a.m., meeting at the corner of Turnpike and Branson Streets. She encouraged everyone to come and bring rakes, brooms, work gloves and garbage bags. 7. Consideration of request to address City Council from Fayetteville Greenways Committee. (Appearing: Robbie Farris from Appearance Commission and Karl Legatski from Friends of the Park) Karl Legatski made the presentation of an update on the Greenways program. There is a possibility that one of the projects could be funded with ISTEA money. Mr. Legatski said they hope to be able to present some pilot projects to Council by this Fall. Robbie Farris assisted Mr. Legatski with the presentation. Mr. Legatski stated that 10% of the state funds are to be used for things other than road projects, such as Greenways and Bikeways. 8. Consideration of adoption of Amendment No. 1 to the 1992 PWC Capital Project Fund. Councilmember Cheek stated that because $7 millon was such a large budget item and moving the PWC Administration Building from the downtown area would affect the revitalization of downtown, she moved to have Council meet with staff, PWC and Manager Wood and members from the Olde Fayetteville Association to discuss this situation, the motion was seconded by Councilmember McBryde. A decision on the date, time and place would be made later. The motion carried unanimously. 9. Consideration of approval of bid award for purchase of two(2) Trunked CRT Consoles for 5-Channel Smartnet 1 radio communication system to Motorola, sole source supplier. (PWC) This item was presented by PWC Manager Tim Wood with a recommendation to approve the award of the purchase since this is a sole source supplier. Councilmember McBryde moved to follow the recommendation, seconded by Councilmember Bolton and carried unanimously. 10. Consideration of approval of Lease Agreement between City of Fayetteville and ARS for transfer station site. This item was presented by City Manager Smith with recommendation that Council take no action at this time since there has been an offer and a counteroffer. 11. Consideration of approval of assignment and consent of easements to NCNG. This item was presented by City Attorney Cogswell stating that the lawsuit involving Sam and Frances Bowyer versus PWC versus NCNG has been settled and he is requesting that Council approve the documents resolving their differences. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Kendrick and carried unanimously. PWC staff was excused at this time. 12. Consideration of adoption of N.C. DOT Street Standards. This item was presented by City Manager Smith with a recommendation to refer this item to the Streets and Roads Committee. Council Bolton moved to refer this to the Streets and Roads Committee and notify Mr. Moorman and Mr. Broadwell and any other interested parties that may add their expertise. The motion was seconded by Councilmember Ross and carried unanimously. 13. Consideration of renewal of privilege licenses for certain ABC establishments. This item was presented by City Attorney Cogswell stating that the documents in the agenda packet explained the situation. He did state that of the 13 businesses with listed violations, of those items 2, the House of Dolls; item 4, Rick's Lounge; item 5, the Sports Bar and Grill; item 6, Breaker's Billiards and Sports Club; and item 7, Kings Den are all pending alleged violations before the Commission at this time. Councilmember Robertson asked Mr. Cogswell if he foresees a large amount of potential litigation with this. Mr. Cogswell responded that some, if not all, would challenge Council's action in court. Mr. Robertson asked if an outside attorney would be recommended or if the City would handle these cases. Mr. Cogswell responded he felt this could be handled in-house at this point. Mr. Robertson asked if amending the zoning ordinances would help this process along and Mr. Cogswell responded that these are not covered by the zoning ordinance -- when the ABC regulates it Council cannot regulate it. Councilmember Kendrick asked why only some of the 13 are being considered. City Manager Smith responded that it is based upon the nature and the severity of the violations, but Council could consider it on all of them. Mr. Cogswell stated that would eliminate any equal protection argument if Council chose to do all or none. Councilmember Kendrick stated he did not think it was fair to pick just a handful out of all of them. There was further discussion and Mr. Cogswell pointed out that part of the problem would be having to take any action during the renewal period. These cases would be a quasi-judicial hearing. He said that evidence would be presented to Council and the ALE officials would allow their office to come testify even though these cases are pending. Councilmember Bolton stated he supported the effort, however he did not want to place the City in a potential liability position. He questioned whether the owners of these establishments should be alerted to this pending action and Mr. Cogswell stated that that was one of the options Council could take. Council could warn them this year that if it happens next year action will be taken. Mr. Bolton questioned why something has not been done about this before and Mr. Cogswell responded that we were asked by the Olde Fayetteville Association to make some suggestions as to what could be done. Councilmember McBryde questioned the liability situation if the court finds that Council's action was wrong and the establishment has been without a license. Mr. Cogswell said they could sue and probably would sue, but they could apply to the court to get an injunction to continue to operate. If they get an injunctive relief and are allowed to operate then it would be the monetary issue involved. Following further discussion, Councilmember Kendrick moved to follow the procedures recommended by the City Attorney to begin June 28 and to include all 13 establishments. The motion was seconded by Councilmember Cheek. Councilmember Robertson stated he feels that the only thing that can be guaranteed with this is a lot of legal fees and that we will not be able to put them out of business. He said he did not mind the option that the City would look at this if they do not abide by the alcoholic beverage control laws, but he is unable to support the motion at this time. Councilmember Blackwell asked if this was not similar to the public nuisance situation the City faced recently. Mr. Cogswell stated that the public nuisance statute is a situation where there have been repeated instances. These situations are not the same. Mayor Dawkins called for a vote on the motion and it carried 7 to 2 with Councilmembers Robertson and Massey voting in opposition. At this time Councilmember Robertson moved to excuse Councilmember Blackwell from the June 21 Regular meeting, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 14. APPOINTMENTS: A. Nominations to fill one vacancy on Board of Appeals on Buildings and Dwellings. There were no nominations to fill the vacancy of Eva Ruth to May 1995. B. Nominations to fill three vacancies on Airport Commission. Councilmember Blackwell nominated Robert S. Wilson for a second term to June 1995. Councilmember McBryde nominated Rajan Shamdasani for a second term to June 1995. Councilmember Bolton nominated Lewis Jourden for a second term to June 1995. Councilmember Kendrick nominated R.B. Goforth and Councilmember Ross nominated Jonathan Charleston. C. Nominations to fill one vacancy on Joint Planning Board. Councilmember Cheek nominated Dr. Richard Shereff. Councilmember Blackwell nominated Jonathan Charleston. These nominations are to fill the vacancy of John L. Canady for a 4-year term. D. Nominations to fill one vacancy on Public Commission. Councilmember Ross nominated Robert C. Williams for a fourth term of four years. E. Nominations to fill one vacancy on PWC Retirement Board. Councilmember McBryde nominated Tom McNeill as the employee to replace Steve Blanchard for a five-year term. 15. ADMINISTRATIVE REPORTS: A. Statement of taxes collected for the month of May, 1993 from the Cumberland County Tax Collector. Council accepted the report for the month of May for the statement of taxes collected for Cumberland County in the amount of $75,077.27. B. Report on cablevision coverage of Council meetings. Councilmember Blackwell requested that a meeting be scheduled with Mr. Carey and Mr. Fraley with Cablevision to discuss the possibility of coverage for the Council meetings. Councilmember Robertson had received an invitation from Channel 62 to broadcast Council meetings at no cost to the City because of their requirement to give time to public information services. At this time City Manager Smith referred to Item 3D and gave a corrected annexation effective date June 8 instead of June 30, as stated in the presentation. C. Report on zoning sign for sites where rezoning has been petitioned. City Manager Smith showed a slide of the proposed sign for posting zoning changes. Councilmember Kendrick requested a double-sided sign to be read from both directions. At this time Councilmember Blackwell requested that the nominations/elections be placed on the agenda for the special meeting of June 14, since he will be out of state on the regular meeting. There being no further business the meeting was adjourned at 10:50 p.m. upon motion and second. SPECIAL MEETING MINUTES JUNE 14, 1993 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET JUNE 14, 1993 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, Milo McBryde, Nat Robertson, Tommy Bolton, Ida Ross, Robert A. Massey, Jr., Thelbert Torrey, Suzan Cheek and Mark Kendrick County Commissioners Present: Chairman Tom Bacote, Marshall Faircloth, John Keefe, Billy King, Lee Warren, Johnny Evans Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager of Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Cliff Strassenberg, County Manager Mayor Dawkins called the meeting to order and welcomed the County Commissioners for a joint session to discuss stormwater management. Upon motion by Councilmember Kendrick, seconded by Councilmember Ross, Council voted unanimously to approve the agenda. Messrs. King and Bacote then stated that they had hoped water and sewer would be one of the topics for discussion between the Commissioners and Councilmembers. The Mayor stated that that had not been his understanding of the purpose of the joint meeting. Mayor Dawkins and Commission Chairman Bacote agreed to set up a joint meeting for the purpose of discussing water and sewer issues at a later date. Mayor Dawkins then recognized City Manager John Smith. Mr. Smith discussed the process through which the City and County staffs jointly worked with Ogden Environmental Services to reach the decisions and recommendations to be presented. Mr. Smith then introduced Keith Redling with Ogden Environmental Services. Mr. Redling then led a briefing by the Ogden staff including a review of the work done over the last two years. The joint session with the Cumberland County Board of Commissioners ended at 8:45 p.m. Council then considered appointments: a. Nominations to fill one vacancy on Board of Appeals on Buildings and Dwellings. There were no nominations to fill the existing vacancy. b. Nominations to fill three vacancies on Airport Commission. Councilmember Ross withdrew his nomination of Jonathan Charleston. Councilmember Torrey nominated Adam J. Beah. Council then voted on nominees for the Airport Commission. Mr. Robert S. Wilson received the votes of all Councilmembers. Mr. Rajan Shandesani received the votes of Councilmembers Bolton and McBryde. Mr. Louis Jordan received the votes of all Councilmembers. Mr. R.B. Goforth received the votes of Councilmembers Kendrick, Blackwell, Robertson and Cheek. Mr. Adam J. Beah received the votes of Councilmembers Torrey, Ross and Massey. Mayor Dawkins then declared that Mr. Wilson and Mr. Jordan had been elected to fill two vacancies on the Airport Commission. The Mayor also declared that Mr. Shandesani, having received only two votes, would be eliminated from a second round of voting on the third Airport Commission seat. Council then proceeded to vote between Mr. Goforth and Mr. Beah. Mr. Goforth received the votes of Councilmembers Kendrick, Blackwell, Robertson, Cheek and Bolton. Mr. Beah received the votes of Councilmembers Torrey, Ross, Massey and McBryde. Mayor Dawkins declared Mr. Goforth elected to fill the third vacancy on the Airport Commission. c. Joint Planning Board Council voted to fill one vacancy. Dr. Richard H. Shereff received the votes of Councilmembers Bolton, Kendrick, McBryde and Cheek. Mr. Jonathan Charleston received the votes of Councilmembers Blackwell, Robertson, Torrey, Ross and Massey. Mayor Dawkins declared Mr. Charleston as the new member of the Joint Planning Board. d. Public Works Commission Council voted unanimously to appoint Robert C. Williams to fill the vacancy on the Public Works Commission. e. PWC Retirement Board Council voted unanimously to appoint Tom McNeill to the vacancy on the PWC Retirement Board. Council then proceeded to continue their budget work session. Council decided by consensus to schedule no additional budget sessions during this week and directed the City Manager to keep the June 21 Council meeting agenda as short as possible to be followed by a budget work session. Discussion of the budget was centered on the Police Department. Upon motion by Councilmember Robertson, seconded by Councilmember Kendrick, Council voted unanimously to adjourn at 10:10 p.m. REGULAR MEETING MINUTES JUNE 21, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET JUNE 21, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5) arrived at 7:10 p.m.; and Mark Kendrick (District 6) Absent: J. Breeden Blackwell (at-large) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Jerome Brown, Transit Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION The invocation was offered by Dr. Lawrence Miller AME Zion Church on Cool Spring Street followed by the Mayor leading in the Pledge of Allegiance to the American Flag. At this time Mayor Dawkins reminded everyone that Councilmember Blackwell had been excused from tonight's meeting at the last meeting. Councilmember Bolton moved to excuse Councilmember Cheek until her arrival, seconded by Councilmember Ross and carried unanimously. RECOGNITION: Betty Franken, JFK Special Warfare Center School, introduced the officers from all around the world attending the Special Forces School. They were all commandos from their own armies and represented the Philippines, Thailand, Singapore, Honduras, Nepal, Columbia, Turkey, and Egypt. Councilmember Cheek arrived at 7:10 p.m. Mayor Dawkins then announced the birth of a baby girl, Evans Marie Caison on June 9 to the parents of Jim and Dawn Caison and the proud grandparents of J.L. and Mary Anne Dawkins. 1. APPROVAL OF AGENDA City Attorney Cogswell requested to add item 8C to authorize issuance of subpoenas for officers in the future ABC violation cases. Councilmember McBryde moved to approve the agenda with the addition as requested, seconded by Councilmember Kendrick and carried 8 to 0 with Councilmember Blackwell absent. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Cheek requested to pull Item 2C, Councilmember Torrey requested to pull Item D. Councilmember Bolton moved to approve the consent agenda with the exception of Items C and D. After a second from Councilmember Massey the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of June 7, 1993. B. Approve tax refunds over $100. Taxpayer's Nature of Property Name Clerical Error Description Amount Dataserve Financial Adjust value per Mailstop $100.49 Service, Inc. amended statement. C. (Pulled for discussion) D. (Pulled for discussion) E. Approve the following Finance matters: 1. Adopt Special Revenue Fund Project Ordinance Amendment (Change 93-4) to account for $3,175.00 in donations contributed to Police Athletic League activities. 2. Adopt Capital Project Ordinance (Ord 93-3) to account for Federal ($796,993.00), State ($44,277.00), and Local ($54,277.00) resources on the AIP-13 Airport Development Project. F. Approve request from Habitat for Humanity for transfer of City property. This is for the donation for two lots on Montgomery Street. G. Approve request for legal representation by Police Officer Claude S. McIntosh. File #93-CVS 3068, Catherine Alexander Williams and Tony A. Williams. H. Approve award of contract for purchase of 200, 25 KVA CSP transformers to Eastern Electric, low evaluated bid. (PWC) Bids received were as follows: Eastern Electric (Raleigh, NC) $114,400.00 HESCO (Smithfield, NC) $112,400.00 Power Supply (Matthews, NC) $152,600.00 National Transformer (Wake Forest, NC) $104,800.00 Power & Telephone (Nashville, TN) $102,400.00 Tennessee Valley (Charlotte, NC) $102,400.00 WESCO (Raleigh, NC) $122,000.00 Shepherd Electric (Kinston, NC) $138,000.00 I. Approve award of contract for purchase of 50, 75 KVA Padmounted Transformers to HESCO, low evaluated bid. (PWC) Bids received were as follows: Eastern Electric (Raleigh, NC) $68,800.00 HESCO (Smithfield, NC) $69,350.00 Power Supply (Matthews, NC) $93,350.00 National Transformer (Wake Forest, NC) $68,050.00 WESCO (Raleigh, NC) $77,700.00 Shepherd Electric (Kinston, NC) $73,100.00 J. Approve award of contract for purchase of two (2), 750 KVA Padmounted Transformers to Eastern Electric Supply, low evaluated bid. (PWC) Bids received were as follows: Eastern Electric (Raleigh, NC) $18,690.00 HESCO (Smithfield, NC) $18,896.00 Power Supply (Matthews, NC) $23,180.00 Tennessee Valley (Charlotte, NC) $19,990.00 WESCO (Raleigh, NC) $18,304.00 Shepherd Electric (Kinston, NC) $22,500.00 2C. Approve revisions to Section 20-106 of the Fayetteville City Code: Schedule #11 - Parking Prohibited. Councilmember Cheek asked if this action is to keep people from pulling behind the guardrail and does it include parking on the shoulder of the road. City Manager Smith responded that this is the action that would be taken. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #11 - PARKING PROHIBITED, CAIN ROAD FROM VALENCIA DRIVE TO STAMPER ROAD). ORDINANCE #NS1993-039. Councilmember Cheek introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Blackwell absent. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. 2D. Adopt demolition ordinance for property located at 417 Gillespie Street (Owner: Ethel Devane) Councilmember Torrey referred to Item 4 of the ordinance and asked if Council needed to hold a public hearing on this item. City Manager Smith responded that a public hearing does not have to be held. There was a hearing before the Inspection Department and the owner did not appear. AN ORDINANCE REQUIRING CITY BUILDINGS INSPECTOR TO DEMOLISH AND REMOVE A STRUCTURE AT 417 GILLESPIE STREET (OWNER: ETHEL D. DEVANE). ORDINANCE #NS1993-040. Councilmember Torrey introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried 8 to 0 with Councilmember Blackwell absent. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for speakers on public hearings and nonpublic hearings. A. Consideration of adoption of ordinances amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour Speed Zone for Gables Drive (North) from 401 Bypass to its end. This item was presented by Assistant City Manager Teal stating that this action was begun before Council's policy on cul-de-sacs. This is a request by petition and this is the advertised public hearing for this date and hour. The recommendation is for the adoption of the ordinance. The public hearing was opened at 7:20 p.m. and there being none to appear in favor or opposition the public hearing was closed. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #8 - SPEED CONTROL, GABLES DRIVE NORTH). ORDINANCE #NS1993-041. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Blackwell absent. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. B. Receipt of public input on update of ADA Plan. At this time Councilmember Torrey congratulated Transit Director Brown for being presented the Governor's Public Transportation Award for 1993. Mayor Dawkins offered congratulations on behalf of the entire Council to Mr. Brown. Mr. Brown presented this item stating that each year the City is required to hold a public hearing to receive comments on the plan to comply with the Americans with Disabilities Act. These hearings are to be held until the City's public transportation system is fully accessible with a target date of 1997. Mr. Brown stated there are three noteworthy changes to the previously submitted plan. One is the annual budget and two is a five-year projection of trips provided by the Paratransit System and three is the progress towards the milestones identified in the original plan. This information was submitted in the agenda packet and reviewed by Mr. Brown. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:28 p.m. and there being none to be heard on this matter the public hearing was closed. Council took no action. 4. Consideration of request to address City Council from Fayetteville Chamber of Commerce. (Appearing: Ronald Hankins, Chairman) Ron Hankins presented notebooks to the Council containing information that the Chamber of Commerce felt would assist Councilmembers in their jobs. 5. Consideration of a resolution of the City Council of the City of Fayetteville pursuant to N.C.G.S. 160A-31(c).(Petition initiated contiguous annexation area - Glenwick Apartments - Glenwick Drive - Property of Coastal Carolina Rental, Inc. - Avon W. Gore, President) This item was presented by Deputy City Manager Stancil stating that this resolution directs the City Clerk to investigate the sufficiency of the petition and sets a public hearing for July 6. He recommended adoption of the resolution. Councilmember Kendrick asked staff to keep close attention to stormwater in this area because of the problems in the past. A RESOLUTION PURSUANT TO N.C.G.S. 160A-31(C) (GLENWICK APARTMENTS, GLENWICK DRIVE). RESOLUTION #R1993-049. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Robertson and carried 6 to 2 with Councilmembers Ross and Torrey voting in opposition and Councilmember Blackwell absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 6. Consideration of adoption of resolution authorizing the City Manager to submit Part II Application for Municipal Storm Water Permit and directing the City Manager to proceed with the development of a funding plan for the storm water management program. This item was presented by City Manager Smith with a recommendation to adopt the resolution. A RESOLUTION AUTHORIZING CITY MANAGER TO SUBMIT PART II APPLICATION FOR MUNICIPAL STORMWATER PERMIT AND DIRECTING THE CITY MANAGER TO PROCEED WITH THE DEVELOPMENT OF A FUNDING PLAN FOR THE STORMWATER MANAGEMENT PROGRAM. RESOLUTION #R1993-050. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Blackwell absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 7. APPOINTMENTS: A. Nominations to fill one vacancy on Board of Appeals on Buildings and Dwellings. Councilmember Ross nominated Adam Beyah to fill the vacancy of Eva Ruth for a term to May 1995. 8. ADMINISTRATIVE REPORTS: A. Report of tax refunds less than $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. B. Update on greenways project. Councilmember Cheek asked how we decide which grants to apply for and where Council fits into the planning process. Ms. Cheek stated she felt that Council needed more input and requested that planning sessions be scheduled in August or September. City Manager Smith responded by reading from a memo dated October 14, 1992, from Jimmy Teal that was submitted to Council as a report. It read as follows: "The Federal Government will be providing the State of North Carolina with approximately $11 million for FY 1992-93 to be used exclusively for those 10 enhancements. These funds do not compete against any road building projects. The North Carolina Board of Transportation will make the determination on what projects will be funded. These projects will follow the same procedure as other transportation projects, which includes review by the Transportation Technical Coordinating Committee (TCC) and the Transportation Advisory Committee (TAC) of which Mayor Dawkins chairs and Councilmember Kendrick is a member." "The staff recommends to include the Greenways plan as a transportation enhancement project as part of the local Transportation Improvement Plan (TIP). The reasons for this recommendation are: (1) the Greenways concept has been proposed in various City planning documents for many years, (2) it has the endorsement of both the Appearance and Parks Commissions, (3) the City Council adopted this concept in 1985 when it endorsed the City's Parks and Recreation Master Plan, and (4) the timing for receiving this type of funding might be best now since it is such a new program. The staff intends to discuss this project at the TCC meeting on October 22 upon your concurrence." Mr. Smith apologized if Council felt there was not ample opportunity for Council input, however, he felt there had been. Mr. Smith said they were following the normal transportation improvement project process and this memo detailed what was going into that. He continued by saying they tried to utilize master plans that have been previously adopted and going forward with the projects. This was initiated by the Appearance Commission. Councilmember Cheek stated she was mainly concerned with how Council could be more involved in the TCC, TAC and TIP. Councilmember Kendrick suggested having Rick Heickson from the Planning Department give Council a report on the procedures and any other pertinent information used for these projects. At the conclusion of the discussion on this matter Councilmember Ross asked if the City has done any affordable housing projects in the past few years and Mayor Dawkins reminded her of Adams Court. Also there will be a ribbon cutting at 10:00 Tuesday morning, June 22 at Adams Court project. C. Request Council to authorize issuance of subpoenas for officers in future ABC violation cases. Councilmember McBryde moved to authorize the issuance of the subpoenas for officers in the future ABC violation cases, the motion was seconded by Councilmember Bolton. Councilmember Robertson stated he believes the whole process the City is about to endure is discriminatory and unconstitutional and a waste of taxpayers' money and our staff time and he will vote against this action. Mayor Dawkins called for a vote and it carried 7 to 1 with Councilmember Robertson voting in opposition and Councilmember Blackwell absent. 9. Discussion of Recommended Budget for FY 93-94. City Manager Smith made himself available for any questions or discussion concerning the budget. Councilmember McBryde referred to the $22,881 net gain in Mr. Smith's memorandum and offered motion to use $22,500 of that net gain to fund the manager position at the market for The Women's Center and to include a 2% cost of living raise for employees, Mayor and Council, a 1% merit bonus for the employees, and to adopt the budget ordinance for the fiscal year 1993-94 (Budget Ordinance #94-1), seconded by Councilmember Kendrick. Councilmembers McBryde, Bolton, Kendrick, Cheek, Torrey, Massey, and Ross all complimented the City Manager and City staff for presenting such an orderly and clear budget. They also complimented PWC for having a budget that conforms to the City's budget and both budgets being easy to read and interpret. Mayor Dawkins called for a vote on the motion and it carried unanimously 8 to 0 with Councilmember Blackwell being absent. At this time Councilmember Kendrick asked Mr. Smith to explain to Council a recent request by the Council on Older Adults. Mr. Smith stated that the Council on Older Adults has a special project they wish to present to Council and this can be scheduled next month. There being no further business the meeting was adjourned at 8:33 p.m. upon motion and second. INFORMATION MEETING MINUTES JUNE 28, 1993 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET JUNE 28, 1993 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, Milo McBryde, Nat Robertson, Tommy Bolton, Ida Ross, Robert A. Massey, Jr., Thelbert Torrey, Suzan Cheek and Mark Kendrick Others Present : John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager of Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, City Attorney Ronald E. Hansen, Chief of Police Mayor Dawkins called the meeting to order and recognized Fire Chief Duke J. Piner for the invocation. Following the invocation, Mayor Dawkins led the audience in the Pledge of Allegiance to the American Flag. Upon motion by Councilmember Bolton, seconded by Councilmember Robertson, Council voted unanimously to approve the agenda. Upon motion by Councilmember Bolton, seconded by Councilmember Kendrick, Council voted unanimously to approve the consent agenda containing the following items. A. Approve Budget Ordinance Amendment 93-10. 1. General Fund Transfer $15,000 from the Finance Department to the Executive Department ($5,000) to fund a temporary receptionist position and the Traffic Services Department ($10,000) to fund additional vehicle maintenance costs. 2. Sponsor Group Fund Increased participation in Parks and Recreation programs has resulted in additional revenues. The additional revenues ($25,000) will be used to continue providing programs based on the current level of participation. 3. Enhanced 9-1-1 Fund The additional fund balance appropriate of $3,000 is necessary to fund an equipment rental payment to Central Carolina Bank. 4. Transit Fund The additional appropriation of $40,000 is necessary to fund increased insurance expenses incurred during the year. The source of funding will be $20,000 from the General Fund and $20,000 from the Federal Grant. B. Set filing fee for Municipal Election at $24 for City Council and $48 for Mayoral Election. Council then proceeded to consider the nonissuance of privilege licenses for sale of beer and wine. (See attached verbatim transcript.) Upon motion by Councilmember Massey, seconded by Councilmember Robertson, Council voted unanimously to excuse Councilmember Cheek from future meetings if necessary. At 1:10 p.m., Mayor Dawkins continued the meeting until Thursday, July 1, 1993, 7:00 p.m., City Council Chamber. CONTINUATION OF INFORMATION MEETING JULY 1, 1993 FAYETTEVILLE CITY COUNCIL CONTINUATION OF INFORMATION MEETING CITY HALL COUNCIL CHAMBER 433 HAY STREET JULY 1, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, Milo McBryde, Nat Robertson, Tommy Bolton, Ida Ross, Robert A. Massey, Jr., Thelbert Torrey, Mark Kendrick Absent: Councilmember Suzan Cheek (Excused) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant Manager of Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, City Attorney Mayor Dawkins called the meeting to order. The purpose of the meeting was to continue the consideration of the nonissuance of privilege license for sale of beer and wine. (See attached verbatim transcript.) Upon motion by Councilmember Bolton, seconded by Councilmember Robertson, Council voted unanimously to adjourn at 12:40 a.m. REGULAR MEETING MINUTES JULY 6, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET JULY 6, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); and Mark Kendrick (District 6) Absent: Suzan Cheek (District 5) - excused Others Present: Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Janet C. Jones, Deputy City Clerk Jason Brady, Public Information Officer Robert Barefoot, Director of Parks and Recreation Kai Nelson, Finance Director David Nash, Annexation Studies Coordinator 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 Pope Air Force Base Chaplain David Crocker, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins presented a proclamation in honor of Recreation and Parks Month to Jeff Rainwater, Recreation Superintendent. Mayor Dawkins and Marion Crowe, Jr., presented certificates to Tamisha McClain, Tamisha Washington, Tanilya Ferguson, Latisha Vasser, and Jackie Ferguson in recognition of their winning both the North Carolina State Double Dutch Championship on June 5, 1993 and the International Class Double Dutch Championship for 5th grades on June 26, 1993. Fayetteville will be represented by these participants at the World Double Dutch Championship on August 19, 20, and 21. Mayor Dawkins announced Councilmember Cheek had asked to be excused from all meetings until July 24, 1993. Councilmember Bolton moved to excuse Dr. Cheek, seconded by Councilmember Ross and carried unanimously. Mayor Pro-Tem Blackwell requested he be excused from the July 19, 1993 City Council meeting. Councilmember Robertson moved to excuse Mayor Pro-Tem Blackwell, seconded by Councilmember Bolton and carried unanimously. 1. APPROVAL OF AGENDA Mayor Dawkins requested that Item 6 be moved to the last item. Councilmember Robertson moved to approve the agenda with Item 6 being placed as the last item, seconded by Councilmember Bolton and carried unanimously. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Mr. Cogswell asked that Item H-1 be pulled for discussion. Mayor Pro-Tem Blackwell requested that Items F and I be pulled also. Councilmember Robertson moved to approve the consent agenda with exceptions of Items F, H-1, and I, seconded by Councilmember Bolton, and carried unanimously. A. Approve minutes of continuation of May 24 information meeting. B. Approve minutes of regular meeting of June 21, 1993. C. Approve bid award for purchase of ten (10)69KV Interrupter Kits to HESCO the sole bidder in the amount of $20,810. (PWC) D. Approve bid award for construction of POD #3 69 KV Transmission Line from Cliffdale Substation to McPherson Church Road; the Fenix Tie Line; the Cliffdale Road to Morganton Road Tie Line; and the installation of the Cliffdale Switching Station to Stackhouse, Inc., low evaluated bidder. (PWC) Bids received were as follows: *Aubrey Silvey (Carrollton, GA) $76,761.00 Stackhouse, Inc. (Goldsboro, NC) $652,222.49 Sumter Builders (Sumter, SC) $694,044.02 Weeks/Stackhouse (Asheboro, NC) $657,625.17 *Cliffdale Road Switching Station only E. Approve lease of one (1) franchise of Public Convenience and Necessity from Michael Gomez to Harold Simmons. F. (Pulled for discussion.) G. Adopt resolution authorizing the sale of surplus City/PWC property located at the intersection of the western right-of-way margin of Dodge Drive and the northern right-of-way margin of North Platte Road to Vincent Evans. RESOLUTION AUTHORIZING THE SALE OF THE CITY OF FAYETTEVILLE PROPERTY. RESOLUTION #R1993-051. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. H. Adopt demolition ordinances for the following properties: 1. (Pulled for discussion) 2. 1308 Jacob Street (Owner: Robert and Gwendolyn Fludd) AN ORDINANCE REQUIRING CITY BUILDING INSPECTORS TO DEMOLISH OR REMOVE A STRUCTURE AT 1308 JACOB STREET. ORDINANCE #NS1993-042. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. I. (Pulled for discussion.) J. Adopt ordinance endorsing existing 45 Miles Per Hour speed limit within corporate limits. AN ORDINANCE AMENDING CHAPTER 20 (MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES) (TRAFFIC SCHEDULE #8-SPEED CONTROL, NC24/BRAGG BOULEVARD). ORDINANCE #NS1993-043. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. 2F. Adopt Fee Schedule for a Watershed Protection Occupancy Permit. Mayor Pro-Tem Blackwell asked for clarification on this item. Mr. Stancil stated the fee schedule was for the City's review of subdivisions to determine their compliance with the watershed ordinance and the fees as set out were compatible with the Planning Board's charge for subdivision plats. These fees will be reviewed again in January 1994 subject to the Council's approval. Mayor Pro-Tem Blackwell moved to adopt the fee schedule, seconded by Councilmember Kendrick, and carried unanimously. The schedule is as follows: 0.1 to 5.0 Acres = $30.00 5.1 to 10.0 Acres = $50.00 10.1 to 15.0 Acres = $70.00 15.1 to 20.0 Acres = $90.00 Greater than 20 Acres = $110.00 H-1. Adopt demolition ordinance for Lot 4.1 Woodsdale Street (Owner: George M. and Laura Williams) City Attorney Cogswell asked that the ordinance be approved subject to it being repealed if the house is torn down by the owner by August 2, 1993. AN ORDINANCE REQUIRING THE CITY BUILDING INSPECTORS TO DEMOLISH OR REMOVE A STRUCTURE AT LOT 4.1 WOODSDALE STREET (OWNER: GEORGE M. AND LAURA WILLIAMS). ORDINANCE #NS1993-044. Mayor Pro-Tem Blackwell introduced the foregoing ordinance with stipulation it could be repealed if the house was torn down by August 2, 1993, seconded by Councilmember McBryde, carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. 2I. Approve request for legal representation from Alcedo Cruz. Mayor Pro-Tem Blackwell asked Mr. Cogswell for an estimate of the total cost for outside counsel for Mr. Cruz. Mr. Cogswell stated it would be impossible to make an estimate at this time. Mayor Pro-Tem Blackwell moved to approve the request for legal representation by Mr. Richard Wiggins at a rate of $125 per hour for both Officer Cruz and the City, seconded by Councilmember Bolton and carried unanimously. 3. PUBLIC HEARINGS: A. Consideration of request for traffic signal installation at Robeson Street and Levy Street. This item was presented by Louis Chalmers, City Traffic Engineer. Mr. Chalmers stated after a review by both the City and the North Carolina Department of Transportation it was found the traffic operations did not meet the Manual On Uniform Traffic Control Devices warrants for a traffic signal. Therefore, he did not recommend the installation of a traffic signal at this time. The public hearing was opened at 7:23 p.m. Ms. June Lancaster, 2612 Fashion Lane, Fayetteville, NC, appeared in favor of the installation of a traffic signal. She felt it was needed for safety and convenience. Ms. Cathy White of 2502 Cranton Circle, incoming President of Ashley Elementary School PTA, expressed support for the traffic signal. She felt that before and after school child care created a traffic problem and potential danger to the children. Mr. Steve Dowd of 1514 Berkshire Road, past President of Ashley Elementary School PTA requested the signal to protect the school children. There being none to appear in opposition, the public hearing was closed at 7:30 p.m. After an in-depth Council discussion regarding the traffic in this area, Councilmember Kendrick moved to request the North Carolina Department of Transportation to install a traffic signal at Robeson and Levi street, seconded by Councilmember McBryde and carried unanimously. B. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (Petition-Initiated Contiguous Annexation - Glenwick Apartments - Located at end of Glenwick Drive in Evergreen Estates Area.) Deputy City Manager Roger Stancil presented this ordinance. The public hearing was opened at 7:45 p.m. and there being none to appear in favor or opposition the public hearing was closed. Councilmember Kendrick expressed his concern regarding the drainage problems in this area. After a discussion by Council it was decided the ordinance would be effective as of July 6, 1993. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NC. ANNEXATION ORDINANCE #93-07-368. Councilmember Bolton moved to adopt the ordinance with an effective date of July 6, 1993, seconded by Councilmember McBryde, and carried 6 to 2 with Councilmembers Torrey and Ross voting in opposition. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1993. 4. Consideration of a resolution of the City Council of the City of Fayetteville adopting a revision to the electoral district boundaries of the City for the purpose of accounting for territory annexed to the City. (Annexation Number 93-7-368, Glenwick Apartments. Assignment to District #6). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ADOPTING A REVISION TO THE ELECTORIAL DISTRICT BOUNDARIES OF THE CITY FOR THE PURPOSE OF ACCOUNTING FOR TERRITORY ANNEXED TO THE CITY. RESOLUTION #R1993-052. Deputy City Manager Roger Stancil presented the foregoing resolution. Councilmember Robertson moved to adopt the resolution, seconded by Councilmember Kendrick and carried by a 6 to 2 vote with Councilmembers Torrey and Ross voting in opposition. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 5. Consideration of request to address City Council from Ms. Marian Humphries. Ms. Humphries was not present at the meeting. No action was taken. 6. (Moved to last item of the agenda with Council approval.) 7. Consideration of request from Evans Paving and Construction for relief of unpaid claim against Cape Fear Teen Center. Deputy City Manager Roger Stancil presented this item. He gave background information on the contract between Evans Paving Company and the Teen Center, an independent nonprofit organization that leased property from the City and built what is currently called the Dorothy Gilmore Youth Center. Mr. Stancil explained the City was not a party to this contract and did not authorize the work or incur any obligation. A discussion ensued. No action was taken by the Council. 8. Consideration of outside agency funding for FY 93-94. Deputy City Manager Roger Stancil presented the recommendations for the distribution of outside agency funding for the fiscal year 1993-94. Councilmember McBryde moved to approve the funding, seconded by Councilmember Bolton, and carried unanimously. Distribution of funding is as follows: Nonprofit Agencies FY 1994 Agency Approved Arts Council 50,000 Cape Fear Regional Theatre 15,000 Contact 5,000 Coordinating Council on Older Adults 0 Dispute Resolution Center 5,000 Dogwood Festival 10,000 FAEDC 25,000 Fayetteville Area Sentencing Center 5,000 Fayetteville Symphony 10,000 FILI 5,000 Museum of Art 23,000 Museum of Cape Fear 0 Olde Fayetteville Association 20,000 Orange Street School 10,000 PAD Children's Project 0 Rape Crisis Center 14,000 Retired Senior Volunteer Program 7,500 Salvation Army 10,000 The Women's Center of Fayetteville 22,500 Historic Resources Commission 13,600 Total 250,600 9. Consideration of adoption of ordinances amending Chapter 20, Motor Vehicles and Traffic, to prohibit parking on Hillsboro Street. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE #11-PARKING PROHIBITED, HILLSBORO STREET). NS1993-045. City Traffic Engineer, Louis Chalmers, presented this item and recommended its adoption. After a discussion, Councilmember Kendrick moved to adopt the ordinance prohibiting parking on Hillsboro Street from 6:00 a.m. to 6:00 p.m., seconded by Councilmember Bolton, and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. Councilmember Kendrick requested that the staff look into improving the system used to inform citizens of matters that affect them. He felt that it should be done in a more timely manner and suggested that a notice of at least five working days be given. Mr. Stancil agreed to look into the matter. 10. Consideration of a resolution of the City Council of the City of Fayetteville pursuant to N.C.G.S. 160A-31(c). (King's Cross Apartments - southern side of Morganton Road, west of East Loch Haven Drive.) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO NORTH CAROLINA GENERAL STATUTE 160-A-31(C). RESOLUTION #R1993-053. Deputy City Manger Roger Stancil presented this item. Councilmember Robertson moved to adopt, seconded by Councilmember Bolton, and passed by a vote of 6 to 2 with Councilmembers Ross and Torrey in opposition. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 11. Consideration of request from Councilmember Mark Kendrick to discuss limiting access in the Hay/Branson Street Area. After the presentation of this item by Deputy City Manager Roger Stancil, Councilmember Kendrick passed out an article regarding the use of concrete barricades to create a maze of dead-end streets that confuse drug-purchasing drivers. Mr. Kendrick expressed his concern about the problems in the Hay-Branson Street area. An indepth discussion followed with each Councilmember expressing their concern. Councilmember Kendrick moved to refer this item and issue to the Streets and Roads Committee for their review and recommendation, seconded by Councilmember McBryde, and carried unanimously. 12. Consideration of request from Councilmember Ida Ross to discuss placement of "Drug Free Area" signs in City parks. This item was presented by Deputy City Manager Roger Stancil. Mr. Cogswell, City Attorney, explained the "Drug-Free Area" signs were the result of a provision in the State statute setting forth penalties for drug violations and it applies only to school property. He informed the Council they had two options. 1. Develop other signs and post them on all publicly-owned property, or 2. Request the North Carolina Legislature to amend the statute. After a discussion by Council, Councilmember Robertson moved to have the City petition the North Carolina Legislature to amend the statute and to also have the Parks and Recreation Commission select signs to be presented to the City Council for approval at the August 2, 1993 meeting, seconded by Councilmember Ross and carried unanimously. 13. APPOINTMENTS A. Nominations to fill one vacancy on Board of Appeals on Buildings and Dwellings. Adam Beyah was unanimously elected to fill the vacancy of Eva Ruth which expires in May 1994. B. Nominations to fill four vacancies on Board of Adjustment. Councilmember Robertson nominated Michael Williford and Councilmember Massey nominated Melvin Pierce. C. Nominations to fill one vacancy on Historic Resources Commission. Councilmember Massey nominated Katie Forshee. D. Nominations to fill three vacancies on Taxicab Review Board. Councilmember Torrey nominated Robert Hinton, Councilmember Kendrick nominated Linda Stewart and Councilmember McBryde nominated Donald Diamond as an alternate. 6. Consideration of proposal to lease the Cape Fear/Yadkin Valley Depot. Robin Legg, Executive Director of Olde Fayetteville Association, presented this item. Ms. Legg stated that Watson Caviness of Party Rentals, Inc., wanted to lease the Cape Fear/Yadkin Valley Depot for six months at a rental rate of $100 a month. Mr. Caviness would do the required interior work subject to the City's approval and all signs would conform to the Historic Resources Commission. Councilmember Bolton moved to authorize the City to negotiate the lease, seconded by Councilmember Massey and carried unanimously. 14. ADMINISTRATIVE REPORTS A. Discussion of placing City seal on brickwork under Market House. City Deputy Manager Roger Stancil presented this item. The cost of the project would be approximately $12,000. After a discussion by the Council, Councilmember McBryde moved to allocate the $12,000 for the new seal to be placed under the Market House, seconded by Councilmember Bolton. The motion failed by a vote of 4 to 5 with Mayor Dawkins, Councilmembers Robertson, Ross, Massey, and Torrey voting against. Mayor Dawkins requested that the item be brought before the Council again on July 19, 1993. He felt further clarification was needed. B. Discussion of City limit signs. This report was submitted in the agenda packet. C. Status report on Street Resurfacing Project. This report was submitted in the agenda packet. D. Status report on Rivenoak Drive/Regiment Drive/Huntington Park Subdivision Storm Drainage Improvement. This report was submitted in the agenda packet. E. Report on Langdon Street Speed Limit. This report was submitted in the agenda packet. There being no further business the meeting was adjourned. REGULAR MEETING MINUTES JULY 19, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET JULY 19, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); and Mark Kendrick (District 6) Absent: J. Breeden Blackwell (at-large) - excused; Suzan Cheek (District 5) - excused Others Present: John P. Smith, City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Mike Walker, City Engineer Al Mitchell, Assistant 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 Reverend Steven Byrd, Berean Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Councilmember Ross requested that the invocation be spread in the minutes and it is as follows: Our Heavenly Father, we're so glad that in the dawn of time you established government, and here tonight is a panel of people who represent you to the people of their community, at least to some degree, and I'm glad they're here, and I'm glad for each one of them. I thank you for the time they give. I thank you for the honest concern that they have for the people that they represent, and I pray tonight for them, for your guidance of course and for wisdom. And I pray for courage for them. I pray that they'll always be willing to do what is obviously morally right for their community and to be willing to stand against anything that is obviously morally wrong for their community. I pray your blessings upon them. And I pray for their families and for the needs of their lives. And again we thank you and give gratitude and have gratitude that they're here week after week and month after month doing their job. And may the people of our area be reminded to pray for them to spend time calling upon you on their behalf, that they might do your will. And as our community grows and things become more complicated and more difficult, the need on their part becomes greater and greater. And may they feel and detect the prayers and the love and the concern for many people who really do pray for them and desire the very best for them and through them for our people. We pray tonight, in Jesus' name AMEN. Mayor Dawkins announced that Councilmembers Cheek and Blackwell had been excused from tonight's meeting and welcomed City Clerk Joyner back from vacation. RECOGNITION: 1. APPROVAL OF AGENDA City Attorney Cogswell requested to add an item for executive session for litigation to be Item 9C. Councilmember Robertson moved to approve the agenda with the addition of the executive session for litigation as Item 9C, seconded by Councilmember Massey and carried unanimously 7 to 0 with Councilmembers Blackwell and Cheek absent. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. There being none, Councilmember Robertson moved to approve the consent agenda. After a second from Councilmember Bolton, the following items were approved: A. Approve minutes of regular meeting of July 6, 1993. B. Approve correction to minutes of regular meeting of May 17, 1993. Page 117, Item 13A under Appointments, Mr. Doyle Hubbard's term should show May 1996 termination. C. Approve request for fireworks display from The Fayetteville Generals. D. Approve request for badge and service weapon from Officer Malcolm Quigley upon retirement from Fayetteville Police Department. E. Authorize advertisement of Lease Agreement between City of Fayetteville and Amtrak for railway station property. F. Adopt Capital Project Ordinance 94-1. The following revenues are anticipated to be available to the City to complete the project: Federal Highway Administration $ 80,000 NCDOT 10,000 Local Match - Transportation Fund 30,000 Rental Income - AMTRAK 183,700 Total $303,700 WHEREAS, the North Carolina Department of Transportation has included in its 1992 Transportation Improvement Plan enhancement monies for improvements to the railway station located within the Municipality; and, WHEREAS, the Municipality has agreed to assume responsibility for all aspects of said improvements including planning, design and construction of the project subject to the review and approval of the Department and in accordance with state and federal standards; and, WHEREAS, the Department has agreed to reimburse the Municipality 90 percent (90%) of the costs of the project subject to the conditions set forth in this Agreement. NOW, THEREFORE, BE IT RESOLVED that Project P-2904 and this Agreement are hereby formally approved by the City Council of the Municipality of Fayetteville and that the Mayor and Clerk of this Municipality are hereby empowered to sign and execute the Agreement with the Department of Transportation. G. Authorize advertisement for upset bid for sale of City owned property. H. Adopt ordinance amending Chapter 24A, Police Auxiliary, of the Code of Ordinances of the City of Fayetteville. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 24A, POLICE AUXILIARY, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE #S1993-010. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1993. I. Set public hearing for August 16, 1993, to consider an application by Hasi Burns for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-24 (3) to operate a home for the care of children in an R6 Residential District for an area located at 310 Pennsylvania Avenue. (P93-71) J. Adopt ordinance amending Section 5-16, Beer, Wine And/Or Mixed Drinks -- Sale on Sunday, of the Code of Ordinances of the City of Fayetteville. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 5-16, BEER, WINE AND/OR MIXED DRINKS--SALE ON SUNDAY, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE #S1993-011. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1993. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for speakers on public hearings and nonpublic hearings. A. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (King's Cross Apartments (South side of Morganton Road - west of East Loch Haven Drive.) This item was presented by City Manager Smith stating that this is a petitioned annexation for an effective date of July 31, 1993, and to include portions of the right-of-way on the south side of Morganton Road and west of East Loch Haven Drive. Mr. Smith pointed out that the petitioner has established a vested right in the initial zoning by getting a plot plan approved in the county. Also, the construction plans have been submitted to the City Engineer's office and will be constructed, if annexed, within City standards. Councilmember Kendrick asked if the streets were definitely established since the engineer's letter stated he "expected" the streets to be built to City standards. Mr. Smith responded that this was simply an apartment complex with a circular drive and this is not a requirement on apartment complexes but any streets that would be built would be built to City standards. The building permit would be applied for with the City Inspections Department. The storm drain plans have been submitted to the City Engineering Department and have been accepted. Mr. Kendrick also asked if there would be any drainage problem concerning McFayden Lake and Mr. Smith responded that there should not be. The public hearing was opened at 7:16 p.m. and recognized in favor was Mr. Richard Lewis, Attorney representing Loch Haven Builders. He stated that the developers are planning to build 200 one-, two-, and three-bedroom apartments in this complex and it will add approximately $9 million to the tax base upon completion and the owner is anxious to be annexed. Mr. Lewis added that this project was begun in 1990 and was not contiguous to the City until last year. Councilmember Kendrick asked if they were planning to get the building permits through the City. Mr. Lewis responded that they were not sure which they should get it from but were anxious to get started and would apply to the City if this is the route that should be taken. Councilmember Kendrick asked if the building permits were issued through the county, would this include the storm drainage and Mr. Smith responded that it would. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE - KINGS CROSS APARTMENTS (SOUTHERN SIDE OF MORGANTON ROAD, WEST OF EAST LOCH HAVEN DRIVE). ANNEXATION ORDINANCE #93-07-369. Councilmember McBryde introduced the foregoing ordinance and moved its adoption with the effective date of July 31, 1993, seconded by Councilmember Bolton. Councilmember Kendrick offered a friendly amendment to have the effective date upon adoption in order to ensure the building permits will be issued through the City. The annexation was adopted 6 to 1 with Councilmember Ross voting in opposition and Councilmembers Blackwell and Cheek absent. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1993. 4. Consideration of a resolution of the City Council of the City of Fayetteville adopting a revision to the electoral district boundaries of the City for the purpose of accounting for territory annexed to the City. (Annexation Number 93-7-369, King's Cross Apartments. Assignment to District #5.) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ADOPTING A REVISION TO THE ELECTORAL DISTRICT BOUNDARIES OF THE CITY FOR THE PURPOSE OF ACCOUNTING FOR TERRITORY ANNEXED TO THE CITY. RESOLUTION #R1993-054. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Robertson and carried unanimously 7 to 0 with Councilmembers Blackwell and Cheek absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 5. PLANNING BOARD MATTERS: A. Consideration of the rezoning from PND Planned Neighborhood District and O & I Office and Institutional District with conditional use overlay to C(P) Planned Commercial District; from PND Planned Neighborhood District to O & I Office and Institutional District, R5A Residential District and R5 Residential District or to a more restrictive zoning classifications, and, the rezoning from PND Planned Neighborhood District to P2 Professional District, P3(P) Flex Office District or to more restrictive zoning classifications for an area located on the north side of Morganton Road across from East Loch Haven Drive. (P93-68) (REQUESTING TO APPEAR: Charles Astrike, Hubert Noble, Stacy Weaver, Elliot Harris, William Maxwell, Jr., and William Maxwell, Sr.) This item was presented by Al Mitchell, Assistant Planning Director, with a recommendation that the City portion of this property be rezoned as recommended based on the fact that the proposed concepts are in line with the 1977 Land Use Policy Plan and the 2010 Land Use Plan in that the proposed zoning provides a transition of land use from commercial to multi-family to the existing single-family area to the north. Mayor Dawkins recognized Mr. Stacy Weaver who had requested to appear representing the developers. Mr. Weaver stated they were under the assumption that this would be the public hearing, however, there has not been a public hearing set because there was not an appeal. Therefore, Council can either approve the rezoning or set a public hearing and their request is to approve the requested rezoning. Mayor Dawkins then recognized Mr. Tony Noble, of 111 Hearthstone Drive, requesting that Council set a public hearing because the developer wants to rezone this residential land to a higher zoning. He stated they were confused about appealing because part of the property was in the City and part was in the county. Mr. Noble also stated that the residents had not received their notice of the Planning Board's public hearing and did not appear. Mr. Noble requested again that Council set a public hearing so the neighborhood could present their case in full. Councilmember Kendrick moved to set a public hearing for August 16, seconded by Councilmember Ross and carried 6 to 1 with Councilmember Robertson voting in opposition and Councilmembers Blackwell and Cheek absent. B. Consideration of the rezoning from C2P Central Business District and R5 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 425 Ann Street. (P93-69) This item was presented by Assistant Planning Director Al Mitchell, with a recommendation from the Planning Board for approval of rezoning the R5 Residential District portion to C2P Central Business District based on the fact that all of the uses allowed in the C3 Heavy Commercial District are not appropriate for the subject property. The planning staff finds that all or any portion of the site zoned R5 Residential District is not appropriate for the P1, P2 Professional, P3(P) Flex-Office, C1 Commercial, C1P Shopping Center Districts or other C2 Central Business Zoning Districts available. Councilmember Kendrick moved to set a public hearing for August 16, 1993, seconded by Councilmember Massey and carried unanimously 7 to 0 with Councilmembers Blackwell and Cheek absent. 6. Consideration of request for sidewalk participation project on Village Drive from Franklin S. Clark. This item was presented by City Manager Smith stating that the City cost of this project would be $80,000 excluding in-house engineering. There is currently $92,530 of unallocated sidewalk project money carried over from previous years and this would be a participation project with the property owner. Mr. Smith recommended approval because he feels it will benefit the City as well as the property owner. Councilmember Robertson moved to approve the sidewalk participation project, seconded by Councilmember McBryde and carried unanimously 7 to 0 with Councilmembers Blackwell and Cheek absent. 7. Consideration of parking project on Franklin and Person Streets. This item was presented by City Manager Smith stating that this project was generally outlined at an Information Meeting several months ago and Council instructed staff to negotiate an appropriate lease. The essential elements of the proposal is that the owner/developer will do the necessary demolition and construction for a paved, marked and landscaped parking lot on the properties that were shown on the attached map in the agenda packet. The City will lease the parking lot from the owner/developer and operate the lot as a public parking lot and keep any revenues derived therefrom. The lease is for 20 years at $49,785 per year for the first 10 years and an adjacent amount thereafter. Mr. Smith added that if the City took on this project under normal processes, it would cost $600,000. Councilmember Ross stated she feels this would be an asset to the City and felt it was a good idea especially for the busy days at the Courthouse. Following lengthy discussion, Councilmember Robertson stated that in looking at these numbers the City would not recuperate its investment through the leases. Council took no action. 8. APPOINTMENTS: A. Nominations to fill four vacancies on Board of Adjustment. Councilmember Kendrick moved to elect by acclamation Michael Williford and Melvin Pierce to fill the vacancies of Walter Moorman and Glorius Fowler for a three-year term to July 31, 1996. The nominations are still open to fill the vacancies of Crawford B. McKeithan and Cecil Carlyle. B. Nominations to fill one vacancy on Historic Resources Commission. The Mayor called for a vote to elect Katie Forshee to fill the unexpired term of Sue Brown Bandy to October 31, 1993, and the vote was unanimous 7 to 0 with Councilmembers Blackwell and Cheek absent. C. Nominations to fill three vacancies on Taxicab Review Board. Councilmember Bolton moved to elect by acclamation Robert Hinton for a second term, Linda Stewart, City Cab Company of Fayetteville, and Donald Diamond, AAA/Checker Cab Company, as alternate member for two-year terms. 9. ADMINISTRATIVE REPORTS: A. Statement of taxes collected for the month of June, 1993, from the Cumberland County Tax Collector. Council accepted the statement of taxes collected for the month of June 1993 in the amount of $154,723.90. B. Report on selection of Financial Advisor. This report was submitted in the agenda packet. C. Request for executive session for litigation by City Attorney Cogswell. Councilmember Bolton moved to enter executive session at 8:05 p.m., seconded by Councilmember Kendrick and carried unanimously 7 to 0 with Councilmembers Blackwell and Cheek absent. Council reconvened into regular session at 8:30 p.m. and there being no further business the meeting was adjourned upon motion and second. INFORMATION MEETING MINUTES MONDAY, JULY 26, 1993 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, JULY 26, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Milo McBryde (at-large); Nat Robertson, Jr. (at-large); Robert A. Massey, Jr. (District 3); Ida Ross (District 2); J. Breeden Blackwell (at-large); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Councilmember Tommy Bolton (District 1); Others Present: John P. Smith, City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Kai Nelson, Finance 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 Mayor Dawkins called the meeting to order and recognized Councilmember Massey for the invocation. Following the invocation, the Mayor led the Pledge of Allegiance to the American Flag. Upon motion by Councilmember Robertson, seconded by Councilmember Cheek, Council voted unanimously to excuse Councilmember Bolton. Mayor Dawkins recognized Mr. G. B. Johnson, County Attorney; Mr. Clifford Strassenburg, County Manager; Mr. Larry Carter, Solid Waste Director; Mr. Lex Jones, Bladen County Manager; and Mr. Denny Schaefer, former City Councilmember. 1. Approval of Agenda Upon motion by Councilmember Kendrick, seconded by Councilmember Robertson, the Council voted unanimously to add Item 3A, an Executive Session for litigation, and to approve the agenda as amended. 2. Presentation on Cumberland County Waste Energy Project. City Manager John Smith presented this item. He stated the City has been working with the County to assure compliance with the provisions of State Senate Bill 111, and as a result of this bill, the County has embarked on a waste energy project which would be beneficial to all governmental entities involved. Mr. George Armistead, Chairman and CEO of VEDCO Energy Corporation, addressed the Council. After a video presentation, Mr. Armistead gave background information on the history of the project and explained how the process would work. He reviewed the contract involving the three counties and the Landfill Lease and Franchise Agreement with Cumberland County. He stated the ash content from the incineration would be nontoxic and that one-half of the ash to be produced would be purchased by Crowell Construction for use in their asphalt. Mr. Armistead stated that $2 1/2 million to $3 million have been spent on this project to date. Mr. Michael E. Mayberry, Plant Manager of Dupont Fayetteville Plant, addressed the Council and stated this project was important to Dupont because it would allow (1) stoppage of the purchase of number 6 fuel to generate steam, (2) cut energy costs, and (3) make this plant more competitive. Mr. Kenneth Woodruff, Consultant for VEDCO, did a comparison of curbside recycling versus a VCH program. A question and answer period ensued. 3. Presentation by Browning-Ferris, Inc. (Appearing: Herb Thorp) Mr. Herb Thorp, Attorney, addressed the Council regarding the status of BFI in the business community. He expressed the desire of BFI to work with the City until VCH comes on line. Mr. Randal Essick, Divisional Vice President of BFI addressed the Council on curbside recycling. He informed the Council they would be receiving a book at the end of the meeting that would explain the processes used and give information on their facilities and operational equipment. Mr. Steve Shannon, BFI Regional Recycling Manager, used a slide presentation to explain the operational procedures used by BFI. He explained how curbside recycling kept materials separate and clean, thereby enhancing their salability on the open market. A question and answer period ensued. Mr. Denny Schaefer addressed the Council and expressed the following concerns: 1. Waste stream must be reduced and the public educated on recycling. 2. Emissions must be monitored. 3. Public interest must be protected. The Honorable Ted Kinney, of the North Carolina House of Representatives, 17th District, responded to a question by Mayor Dawkins, and stated the VCH project had received a favorable report from the Legislative Committee. Mr. Clifford Strassenburg, Cumberland County Manager, addressed the Council. He stated a working relationship must be maintained between government and industry. If not, Cumberland County will not be able to attract new businesses. Mr. Strassenburg also stated local government must stay in control of environmental programs. Mr. Lex Jones, Bladen County Manager, expressed his support for solving solid waste problems on a regional basis. Councilmember Ross moved that the City Manager be instructed to request the Solid Waste Management Division of the North Carolina Department of Environment, Health and Natural Resources to include all of the area within the incorporated limits of the City of Fayetteville into the geographic area already designated by the Department for Cumberland County for solid waste planning and management to go to VEDCO Energy Corporation, seconded by Councilmember Torrey and carried unanimously 8 to 0. Councilmember Cheek moved to have the staff check into and report back to City Council at the August 1993 Information Meeting the following issues: 1. The pursuit of the question of a City and County joint effort on recycling. 2. A determination of whether City citizens are paying taxes/fees to subsidize the County's collection cost. 3. Information on the best mix of disposal alternative, i.e., incinerators versus landfills. 4. Information on a monitoring plan and the steps to be taken should problems arise. Motion was seconded by Councilmember Blackwell and carried unanimously 8 to 0. 3.A. Executive Session - Litigation (Added) Councilmember Kendrick moved that the Council go into executive session to discuss litigation, seconded by Councilmember Blackwell. The Council went into executive session at 9:56 p.m. At 11:21 p.m. the Council returned from executive session. 4.A. This item was included in the Executive Session. Councilmember Roberts moved to adjourn the meeting at 11:25 p.m., seconded by Councilmember Ross and carried unanimously. REGULAR MEETING MINUTES AUGUST 2, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET AUGUST 2, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Milo McBryde (at-large); J. Breeden Blackwell, (at-large); Tommy Bolton (District 1) arrived at 7:25 p.m.; Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Nat Robertson (at large) - excused Others Present: Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Al Mitchell, Assistant Planning Director Janet Jones, Deputy City Clerk 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. Mayor Dawkins announced that Councilmember Robertson had been excused from the meeting and that Councilmember Bolton had been delayed. Councilmember Kendrick moved to excuse Councilmember Bolton until he arrived, seconded by Councilmember Ross, carried unanimously by a vote of 7 to 0. RECOGNITION: Mayor Dawkins extended his and the Council's condolences to the families of Bill Shaw, a photographer with the Fayetteville Observer Times; Mr. M. M. Smith, Sr.; and Mr. Edward J. Bundy, the husband of Agnes Bundy of the City's Real Estate Division. 1. APPROVAL OF AGENDA Deputy City Manager Stancil asked that Item 4 be removed from the agenda. Councilmember McBryde moved to approve the agenda with the exception of Item 4, seconded by Councilmember Kendrick, carried unanimously by a vote of 7 to 0. 2. CONSENT: Mayor Dawkins presented the consent agenda. Councilmember Cheek requested to pull Item 2B. Councilmember Blackwell requested to pull Items 2F and 2G. Councilmember McBryde moved to approve the consent agenda exclusive of Items 2B, 2F, and 2G, seconded by Councilmember Cheek, carried unanimously 7 to 0. The following items were unanimously approved: A. Approve minutes of special meeting of June 14, 1993. B. (Pulled for discussion.) C. Approve minutes of July 1, 1993, continuation of information meeting of June 28, 1993. D. Approve minutes of regular meeting of July 19, 1993. E. Approve minutes of information meeting of July 26, 1993. F. (Pulled for discussion.) G. (Pulled for discussion.) H. Award of contract to Crowell Constructors, Inc., low bidder, for the Environmental Services parking lot (Reconstruction) (Engineering Project #12-421-92) in the amount of $189,561.35. Bids were received as follows: *Crowell Constructors, Inc. $189,561.35 Barnhill Contracting Company $217,649.45 McDonald Grading Company $246,588.00 I. Approve cancellation of Lease Agreement between City of Fayetteville and CSX Transportation for Amtrak railway station dated June 15, 1981. J. Approval of Lease Agreement between City of Fayetteville and Amtrak for railway station property. RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY TO THE NATIONAL RAIL PASSENGER CORPORATION (AMTRAK). RESOLUTION #R1993-055. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. K. Award of contracts to low bidders for renovations to Amtrak railway station property: 1. General Construction: Shaw Construction Company, low bidder, in the amount of $189,000. Bids received were as follows: *Shaw Construction Company $189,000.00 Jessup Construction Company $264,900.00 Nortec Construction Company $208,149.00 Locklear Construction Company $248,950.00 2. Plumbing: Town and Country Plumbing Co., Inc., low bidder in the amount of $19,400. Bids received were as follows: Haire Plumbing Company $24,450.00 *Town and Country $19,400.00 3. HVAC: J.J. Barnes, low bidder, in the amount of $34,940. Bids received were as follows: *J.J. Barnes, Inc. $34,940.00 4. Electric: Kings Electric, low bidder, in the amount of $26,558.94. Bids received were as follows: Watson Electrical $39,299.00 Atkins Electrical $28,995.00 *King Electrical $26,558.94 L. Approve 2% cost of living increase for City Attorney and City Manager. The salaries with the 2% increase are as follows: City Manager $84,311 City Attorney $73,472 M. Approve the following Finance matters: 1. Adopt Special Revenue Project Ordinance 94-1. The project authorized is for the funding of two police investigators and support equipment for a Repeat Offender Program awarded by the Governor's Crime Commission and appropriates $90,394. 2. Adopt Special Revenue Project Ordinance 94-2. The project authorized is for the Victim Assistance Grant awarded by the NC Department of Crime Control & Public Safety Governor's Crime Commission and appropriates $36,065. 3. Adopt Special Revenue Project Ordinance Amendment 94-1. The project change authorized is to amend Special Revenue Project Ordinance 92-1 adopted on January 21, 1992, as amended, for the Fayetteville Police Department utilizing Federal Forfeiture Funds and Controlled Substance Tax Revenue from the State. The amount appropriated is $44,205. 4. Adopt Budget Ordinance Amendment 94-2. The County has forwarded $12,500 to the City representing the County's pro-rata share of the skateboard project. The City's equal share of $12,500 has previously been budgeted. The combined share of $25,000 will be matched by the Friends of the Parks Foundation. The amendment also reflects the operational transfer of a clerk-typist position ($17,405) from Environmental Services to Parks and Recreation. The position is located at the Alexander Street Complex with Parks and Recreation in an improved position to provide effective supervision over the position. N. Adopt resolution authorizing the sale of City-owned property - 2210 Winterlochen Drive to Dr. Jack V. Hill. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION #R1993-056. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. O. Adopt resolution authorizing condemnation to acquire certain property of Neill Edwin Clark and wife, Billie H. Clark, for electric utility easement.(PWC) RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF NEILL EDWIN CLARK AND WIFE, BILLIE H. CLARK. RESOLUTION #R1993-057. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 2B. Approve minutes of information meeting of June 28, 1993. Councilmember Cheek moved to amend the adjournment time from 1:10 p.m. to 1:10 a.m., seconded by Councilmember McBryde, carried unanimously 7 to 0. 2F. Adopt demolition ordinance for property located at 127 Byrd Street. (Owner: Eddie and Pinkie Buie) Councilmember Blackwell asked for clarification on whether the owners made an appearance at the hearings. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE #NS1993-046. 2G. Adopt demolition ordinance for property located at 1228 Deep Creek Road. (Owner: Gregory D. and Vivian Mae McPherson) AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE #NS1993-047. Councilmember Blackwell moved to approve Items 2F and 2G, seconded by Councilmember Kendrick, carried unanimously 7 to 0. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinance Book NS1993. 3. PLANNING BOARD MATTERS: A. Consideration of the rezoning from R6 Residential District to R5A Residential District or to a more restrictive zoning classification for an area located at the northwest end of Berkshire Road, north of Alden Street. (P93-76) Al Mitchell, Assistant Planning Director, presented this item. Councilmember Kendrick moved to set public hearing for September 7, 1993, seconded by Councilmember Ross, carried unanimously 7 to 0. Councilmember Kendrick requested that the property be posted a second time prior to the public hearing. 4. Consideration of request to address City Council from Sister Jean Rhoads, Executive Director, The Care Clinic. This item was removed from the agenda and will be rescheduled at a later date. Councilmember Bolton arrived at the meeting at 7:25 p.m. 5. Consideration of request to address City Council from F.A.C.T.S. organizer, Frederick Whitaker. Frederick S. Whitaker, an organizer of NEIGHBORS, addressed the Council. He gave background information on the organization and explained their goals were to educate and unite the Fayetteville community in an overall effort to fight drugs and crime. He requested the support and endorsement of the Council. Councilmembers commended NEIGHBORS on their goals, but restated their policy of not endorsing an organization until a thorough investigation has been completed regarding the organization's legal status, policies, and procedures. Councilmember Cheek moved to refer the request for endorsement to the staff for investigation and upon the approval and recommendation of the City Manager and City Attorney that a resolution be drafted endorsing the effort of NEIGHBORS in fighting the drug and crime problems. The proposed resolution is to be brought back to Council for their further consideration. Councilmember McBryde seconded the motion, carried unanimously 8 to 0. 6. Consideration of adoption of resolution designating the City of Fayetteville as a unit of local government to be included within the geographic area of the Cumberland County Waste Energy Project pursuant to N.C.G.S. 130A-294. Deputy City Manager Roger Stancil presented this item. He requested a modification of his original recommendation as follows: 1. Rescind Councilmember Ross's motion as passed at the August 2, 1993 Regular Meeting; and 2. Delete paragraph 3 from the resolution. This paragraph deals with the county's solid waste ordinance, specifically the part that applies to the flow control from municipal waste. (Flow control is the flow of garbage.) Mr. Stancil told the Council the resolution is basically the same as Councilmember Ross's motion with a reference to North Carolina General Statute 130A-294 being added for clarification. He informed the Council that a meeting had been held between the County, the City, and VEDCO and that the City will be a participant and involved in the development of the Waste Management Plan. Councilmember McBryde asked for an explanation of how this action would effect the City's legal responsibility and why we want to commit our trash thereby relinquishing our control to any one until VEDCO came on-line. City Attorney Robert Cogswell explained North Carolina General Statute 130A-294 requires each unit of local government wishing to participate in a regional solid waste management plan to take specific action agreeing to be a participant. Once the state approves the solid waste management plan, the unit of government in charge (Cumberland County in this case) is authorized to require all participants to give them their solid waste. This will be done through an ordinance. These requirements lock the City in on solid waste disposal. Mr. Cogswell further explained that the requirement will only become effective after the plan has been approved by the state and Cumberland County adopts their solid waste ordinance. Until that happens the City is in charge of their own waste disposal. Deputy City Manager Stancil stated that a recycling program can be set up after the plan has been approved and the City can remove recycled materials from the waste before the waste is delivered to the County and VEDCO. This stipulation is set out in the agreement between the County and VEDCO. Mayor Pro-Tem Blackwell moved to rescind Councilmember Ross's motion, to wit: "that the City Manager be instructed to request the Solid Waste Management Division of the North Carolina Department of Environment, Health and Natural Resources to include all of the areas within the incorporated limits of the City of Fayetteville into the geographic area already designated by the Department for Cumberland County for solid waste planning and management to go to VEDCO Energy Corporation", and to adopt the resolution with paragraph 3 being deleted, seconded by Councilmember Torrey. Councilmember Cheek asked for clarification on a flow control ordinance. Deputy City Manager Stancil stated that no further action would be required by Council. The County would adopt a flow control ordinance and if we were a part of the plan we would be covered by the County's ordinance. However, if the City should choose not to become a part of the geographic area under the plan for solid waste management, the City could ultimately be responsible for not only the collection but also the disposal of its own waste. He expressed his opinion this would not be in the best interest of the City. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION #R1993-058. The motion to adopt the resolution with the changes set out above was approved unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 7. Consideration of recommendations from the Parks and Recreation Advisory Board: A. Youth Appointment to the Advisory Commission. Robert Barefoot, Director of Parks and Recreation, presented this item. He stated that the Parks and Recreation Advisory Commission voted unanimously to propose that two high school students be added as voting members of the advisory board. A discussion followed with a motion by Councilmember Kendrick, seconded by Councilmember Torrey, that City Code Section 2-22 be revised to reflect this change and that the following procedures be implemented: 1. PROCEDURE: A. Two (2) representatives (different schools) to serve one (1) year terms. B. Student representatives to be selected from local high schools that serve student populations within the Fayetteville City limits. C. Schools to be determined by blind draw each year until all eligible schools have had a representative. D. Representatives will have full voting status on the Advisory Commission. 2. SELECTION/ELIGIBILITY: A. School student council recommendation B. Principal approval C. Fayetteville City resident D. High school junior or senior E. Final appointment by the City Council The motion carried unanimously 8 to 0. B. Establishment of Drug-Free Park Zones. This item was presented by Robert Barefoot. The motion was made by Councilmember Bolton, seconded by Councilmember Cheek and carried unanimously 8 to 0, that the staff follow the recommendation of the Advisory Commission to develop an amendment to the existing N.C. Statute for Drug-Free School Zones to include all public parks and recreation areas. Once developed the proposal is to be presented to our local delegation for introduction to both chambers of the General Assembly at the next available session. C. Elimination of Non-Resident Fee. Councilmember Bolton moved to eliminate the charging of nonresident fees for all Parks and Recreation facilities and programs, seconded by Councilmember McBryde. Councilmember Cheek asked that a monitoring system be set up whereby City residents can be assured of their participation over non-City residents. The motion carried unanimously 8 to 0. Mayor Dawkins extended thanks to the 27th Engineering Brigade at Fort Bragg for their efforts and work in constructing the Veteran's Memorial Park. He also extended thanks to Mr. Barefoot and his employees for their hard work. Deputy City Manager Stancil stated that Fort Bragg is currently doing a project at the police training center and that this project could not have been done without their assistance. 8. Consideration of agreement between City of Fayetteville and LSV Partnership for ADA Study. Deputy City Manager Stancil presented this item. A discussion ensued with Mr. Stancil stating the staff felt that Section 6.3 should stay as is and the word "misuse" should not be changed to "reuse" as indicated by Mr. Vic and his suggested changes. Councilmember Cheek moved to accept the contract with the changes indicated by Mr. Vic other than 6.3 which is to remain "misuse" as originally stated, seconded by Mayor Pro-Tem Blackwell, carried unanimously 8 to 0. 9. Consideration of endorsement of proposed projects for the Transportation Improvement Plan. Deputy City Manager Roger Stancil presented this item. He recommended that the Council endorse the proposed projects of the Transportation Improvement Plan (TIP). Councilmember Cheek requested that more information be given to City Council on the different projects. After a lengthy discussion, it was decided that the staff would do a written answer to any questions of the Council and the item would be delayed for approval until the August 16, 1993 Regular Meeting. 10. Consideration of amendment to Interlocal Agreement between City of Fayetteville and Cumberland County for stormwater project. Councilmember Kendrick moved to approve the amendment to the Interlocal Agreement for a stormwater project, seconded by Councilmember Bolton, carried unanimously 8 to 0. 11. APPOINTMENTS: A. Nominations to fill two vacancies on Board of Adjustment. No nominations were made. 12. ADMINISTRATIVE REPORTS: A. Statement of settlement of taxes for period July 1, 1992, through June 30, 1993 from Cumberland County Tax Collector. Council accepted the statement of taxes collected for the period of July 1, 1992 through June 30, 1993, as follows: Charge: Charge 1992 $17,819,874.86 Added Charge 1992 296,367.66 Total Interest Collected 97,613.29 $18,213,855.81 Credits: Deposit with Finance $17,319,638.07 Interest Deposited with Finance 97,613.29 $17,417,251.36 Releases Allowed $276,582.17 Real & Personal Balance 520,022.28 Adjustment 0.00 $796,604.45 B. Report on Mobile Data Terminal (MDT) Demonstration Project with State of North Carolina. This report was submitted in the agenda packet. Councilmember Bolton moved to adjourn the meeting, seconded by Councilmember Kendrick, and carried unanimously 8 to 0. The meeting was adjourned at 9:25 p.m. REGULAR MEETING MINUTES MONDAY, AUGUST 16, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, AUGUST 16, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: None Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Mike Walker, City Engineer Al Mitchell, Assistant Planning Director 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 the Reverend George Jones, Campground Methodist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Councilmember Kendrick requested that the invocation be spread in the minutes and it is as follows: Oh God, the Council of this City meets tonight following times of tragic headlines in our local paper. We are very much aware that papers in cities all across our land from coast to coast share similar tragedies. It does not help too much to know that we are not alone in our tragedies. We seek as a nation to right the wrongs, to protect the innocent, to foster peace and good will, but we cannot do it alone. And so in this setting tonight we ask for Your presence. We do not seek prophetic powers for the future, but we ask for clear, tough thinking minds. We do not ask for sainthood in our community leaders, but we ask for honesty and integrity and equality of action. We do not want financial miserism, but we do expect financial responsibility for the general welfare of all of our citizens. To these aims, guide us. We pray for all of the victims of the crimes we hear about, for their families. We pray for our Mayor, our Council leaders, our City employees, especially in our police, fire, and rescue areas. Grant them Your protection. And then give us all strength and Your will to help our neighbor and tell of our neighbors as You love us. In Your name, we pray. Amen. RECOGNITION: Mayor Dawkins recognized the City employees, particularly the Police Department, and the citizens of Fayetteville for the tremendous work that has been done in the last few days of tragedy in our City. 1. APPROVAL OF AGENDA Councilmember Cheek requested action be withheld on Item 11 until Items 12 and 13 have been completed. City Manager John Smith asked Item 13 be amended to reflect Thoroughfare Plan rather than TIP, and that if a public hearing was set, it include the widening project on Cliffdale Road. Councilmember Cheek requested that information items on the update of the public hearing zoning signs and intersection improvements at Sycamore Dairy and McPherson Church Roads be added as Items 14C and D. Councilmember Robertson moved to approve the agenda as amended, seconded by Councilmember Kendrick and carried unanimously 9 to 0. Councilmember Bolton requested to be excused from the discussion and vote on Item 9. Councilmember Kendrick moved to excuse Councilmember Bolton from Item 9, seconded by Councilmember Cheek and carried unanimously 9 to 0. 2. CONSENT: Mayor Dawkins presented the consent agenda. Councilmember Kendrick requested Item 2C be pulled for discussion. Councilmember Blackwell requested Items 2F and 2K be pulled. Councilmember Cheek moved to approve the consent agenda with the exception of Items C, F, and K, seconded by Councilmember Robertson and carried unanimously 9 to 0. The following items were unanimously approved: A. Approve minutes of regular meeting of August 2, 1993. B. Approve request from Councilmember Robert Massey to attend Congressional Black Caucus Foundation Convention, Washington, DC, September 15-19, 1993. C. (PULLED FOR DISCUSSION) D. Approve the initial zoning to PND Planned Neighborhood District or to a more restrictive zoning classification for an area located north of Morganton Road, east of Westlake Road. (P93-75) E. Approve the rezoning from M2 Industrial District to R6 Residential District or to a more restrictive zoning classification for an area located at 1117 and 1119 North Street. (P93-78) F. (PULLED FOR DISCUSSION) G. Adopt ordinance amending Section 14-10.6 of the Fayetteville City Code, "Citations and Civil Penalty", (Lot Cleaning). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 14-10.6, CITATIONS AND CIVIL PENALTY, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1993-013. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1993. H. Approve revisions to Section 20-106 of the Fayetteville City Code: Schedule #6 - Traffic Control. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (TRAFFIC SCHEDULE NO. 6 - STOP INTERSECTIONS) ORDINANCE NO. NS1993-048. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. I. Set public hearings for September 7, 1993, to consider speed limit changes for the following: 1. 25 Miles Per Hour for Brandt's Lane from Hale Street to Hillside Avenue. 2. 35 Miles Per Hour for Langdon Street from Ramsey Street to Murchison Road. J. Approve request for legal representation from John P. Wetherwax. K. (PULLED FOR DISCUSSION) C. Authorize advertisement for upset bid for sale of property located on Old Wilmington Road. Councilmember Kendrick asked for clarification on Mr. M. M. Smith's offer to purchase. He moved to authorize the advertisement for upset bid, seconded by Councilmember Bolton and carried unanimously 9 to 0. F. Adopt demolition ordinances for the following properties: Mayor Pro-Tem Blackwell confirmed that no owner contact had been made on the properties in question. 1. 1712 Murchison Road (Owner: Mamie Wilkerson "Heirs") AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1993-049. 2. 521 Adams Street (Owner: Raymond E. Parker and David Hays) AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1993-050. Mayor Pro-Tem Blackwell moved to adopt the ordinances, seconded by Councilmember Massey and carried unanimously 9 to 0. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinance Book NS1993. K. Approve referral of building projects to Buildings and Properties Committee. (Police Administration Building and Recreation Centers) Mayor Pro-Tem Blackwell requested all Councilmembers be advised of the meeting date of the Buildings and Properties Committee. Mayor Pro-Tem Blackwell moved to approve the referral of the building projects to Buildings and Properties Committee, seconded by Councilmember Kendrick and carried unanimously 9 to 0. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on time limits for speakers on public hearings and non-public hearings. A. Consideration of the rezoning from PND Planned Neighborhood District and O & I Office and Institutional District with conditional use overlay to C (P) Planned Commercial District; from PND Planned Neighborhood District to O & I Office and Institutional District, R5A Residential District and R5 Residential District or to a more restrictive zoning classification, and the rezoning from PND Planned Neighborhood District to P2 Professional District, P3 (P) Flex Office District or to more restrictive zoning classifications for an area located on the north side of Morganton Road across from East Loch Haven Drive. (P93-68) This item was presented by Al Mitchell. Mr. Mitchell stated the County has approved this rezoning and he recommended approval by the Council. The public hearing was opened at 7:25 p.m. Mr. Stacy Weaver, Attorney for the developer, appeared and spoke in favor of the rezoning. Mr. Tony Nobles appeared in opposition to the rezoning. Mr. Nobles stated he felt the increased population from this subdivision would create a major traffic problem on Morganton Road. Mr. Charles H. Astrike also appeared in opposition. Attorney Stacy Weaver offered rebuttal. There being none further to be heard on this matter, the public hearing was closed at 7:52 p.m. A lengthy discussion ensued. Mayor Pro-Tem Blackwell asked Mr. Tate Park, the project designer, to add comments on his plan. Mr. Park stated he had designed ten projects of this nature and had put 20 percent more open space in this design than is required. Councilmember Bolton moved to follow the recommendations of the Planning Board for the rezoning, seconded by Councilmember Robertson and carried by a vote of 8 to 1 with Councilmember Ross voting against. B. Consideration of an application by Hasi Burns for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-24(3) to operate home for the care of children in an R6 Residential District for an area located at 310 Pennsylvania Avenue. (P93-71) There being no one present in favor or opposition, the public hearing was opened and closed at 8:30 p.m. Councilmember Torrey moved to deny the special use permit, seconded by Councilmember Ross and carried unanimously 9 to 0. C. Consideration of the rezoning from C2P Central Business District and R5 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 425 Ann Street. (P93-69) Mr. Al Mitchell presented this item. He stated the Planning Board approved the rezoning of the entire tract to C3. However, the staff recommended the R5 be zoned to C2P. The public hearing opened at 8:34 p.m. Mr. Owen Cook, owner of the property in question, addressed the Council and requested the property be rezoned to C3. There being no one appearing in opposition, the public hearing was closed at 8:40 p.m. Councilmember Cheek moved to rezone the R5 section to C2P, seconded by Councilmember Kendrick and carried by a vote of 8 to 1 with Councilmember Torrey voting against. Councilmember Cheek requested the staff to look into the housing conditions of the surrounding area. 4. Consideration of request to address City Council from Marian Humphries. Ms. Marian Humphries addressed the Council regarding the enforcement of the anti-littering and dumping laws. She made the following suggestions: 1. Have a massive clean-up program with the help of Fort Bragg. 2. Have strict enforcement of the law and penalize any offenders. 3. Use prisoners and community service workers to help pick up the litter. 4. Start an education program. Councilmember Cheek referred Ms. Humphries to the Appearance Commission. 5. Consideration of request to address City Council from Margaret Hardee, Mid-Carolina Area Agency on Aging. Ms. Margaret Hardee, Area Agency Administrator, of the Mid-Carolina Area Agency on Aging, addressed the Council and requested $11,700 for the fiscal year 1993-1994 to add to the transportation funds for the transportation of senior citizens to their centers and nutrition sites. No action was taken by Council. 6. Consideration of request to address City Council from Marshall Lanter, Coordinating Council on Older Adults. Mr. Marshall A. Lanter, Executive Director of the Cumberland County Coordinating Council on Older Adults, Inc., addressed the Council. He requested an appropriation of $15,000 to help the organization purchase a building to be used for the housing of the agency's staff. After a question and answer period, Councilmember Kendrick moved to appropriate the $15,000 to the Cumberland County Coordinating Council on Older Adults, Inc., for use in the purchase of a building, seconded by Councilmember Torrey. A discussion ensued regarding the procedures to be used when requests for appropriations are made. The motion carried unanimously 9 to 0. 7. Consideration of findings and order on privilege license denials: City Attorney Robert C. Cogswell, Jr., addressed the Council informing them the statute regulating these hearings requires that at the end of the hearing there be written findings. The proposed findings were prepared by him upon receipt of the transcript of the hearings and reflect only evidence admitted at the hearings and in his opinion supported the Council's actions. These proposed orders have been submitted to all parties involved for their proposed objections or written responses submission prior to the final draft which is being submitted to the Council for their action. Three of the four attorneys representing the licensees requested a continuance from August 2, 1993, until this meeting. Mr. Cogswell further informed the Council the action required by them was to do one of the following: 1. Approve; 2. Approve with modifications, changes, or amendments that you deem necessary; or 3. Disapprove. Mayor Dawkins informed the Council that Mr. Stacy Weaver, the Council's attorney at the hearings, was present for consultation. Mayor Dawkins inquired of Mr. Cogswell the status of Councilmember Cheek in so far as voting on the orders. Mr. Cogswell stated that because she was not present at the hearings, she could not participate in the voting on Items 7C, D, and E. Councilmember Kendrick made a motion to excuse Councilmember Cheek from voting on C, D, and E due to the fact that she was not present at the hearings, seconded by Councilmember Torrey and carried unanimously 8 to 0. Councilmember Cheek abstained on this vote. Attorney Stacy Weaver addressed the Council regarding his legal opinion as to the procedure to be followed in determining the findings. A. Cue and Ale Mr. James MacRae, Attorney for Cue & Ale Billiards, appeared before and addressed the Council asking that they reconsider their previous action. Councilmember Kendrick moved to approve the order IN THE MATTER OF: Kenneth Dale Treece, T/A Cue & Ale Billiards, 3308 Bragg Boulevard, Suite 168, Fayetteville, North Carolina 28303, seconded by Mayor Pro-Tem Blackwell. The motion carried by a vote of 5 to 4 with Councilmembers Cheek, Robertson, Bolton, and Torrey voting against. A copy of the foregoing order is incorporated in the minutes as Attachment A. B. Cloud Nine Mr. Mark Sternlicht, Attorney for Cloud 9, appeared before and addressed the Council asking that they reconsider their previous action. Mayor Pro-Tem Blackwell moved to approve the order IN THE MATTER OF: Keylor and Strickland, Inc., T/A Cloud 9, 459 West Russell Street, Fayetteville, North Carolina 28301, seconded by Councilmember McBryde. The motion carried by a vote of 5 to 4 with Councilmembers Cheek, Robertson, Bolton, and Torrey voting against. A copy of the foregoing order is incorporated in the minutes as Attachment B. C. Fayetteville House of Dolls Mr. Sneed High, Attorney for Fayetteville House of Dolls, appeared before and addressed the Council asking that they reconsider their previous action. Councilmember McBryde moved to approve the order IN THE MATTER OF: Giovanni Giannone, T/A Fayetteville House of Dolls, 912 Bragg Boulevard, Fayetteville, North Carolina 28301, seconded by Councilmember Massey. The motion carried by a vote of 5 to 3 with Councilmembers Bolton, Torrey, and Robertson voting against. Councilmember Cheek was excused from voting. A copy of the foregoing order is incorporated in the minutes as Attachment C. D. Sports Bar and Deli Mr. Sneed High, Attorney for Sports Bar & Deli, appeared before and addressed the Council asking that they reconsider their previous action. Councilmember Bolton moved to approve the order IN THE MATTER OF: Wentz's Supermarket, Inc., T/A Sports Bar & Deli, 2897 Owen Drive, Fayetteville, North Carolina 28306, seconded by Councilmember Kendrick. The motion carried by a vote of 5 to 3 with Councilmembers Bolton, Torrey, and Robertson voting against. Councilmember Cheek was excused from voting. A copy of the foregoing order is incorporated in the minutes as Attachment D. E. Breakers Billiards and Sports Club Mr. Mac Tyson, Attorney for Breakers Billiards and Sports Club, appeared before and addressed the Council asking that they reconsider their previous action. Mr. Tyson addressed the Council and asked that they disapprove the order. He pointed out to Council that at the hearing there was no motion made to deny his client's license. Therefore, the Finding of Facts as proposed were incorrect. Councilmember Ross moved to disapprove the order because the facts were not true IN THE MATTER OF: Partnership, Breakers Billiards and Sports Club, 1905A Pamalee Drive, Fayetteville, North Carolina 28301, seconded by Councilmember Robertson. The motion carried by a vote of 6 to 2 with Councilmembers Blackwell and Kendrick voting against. A copy of the foregoing order is incorporated in the minutes as Attachment E. A discussion was held regarding continuing the remaining items on the agenda to another meeting. It was decided the meeting should proceed as approved. Councilmember Kendrick suggested that consideration be given to adding an extra meeting each month when necessary. 8. Report from Streets and Roads Committee: A. Report on Oakridge Avenue Construction. Councilmember Kendrick reported that after the public hearing, the Streets and Roads Committee recommended City Council approve the motion that Oakridge Avenue be resurfaced at a cost of $50,000 and the sidewalks be repaired so as not to be detrimental to any existing trees and landscaping at a cost of $22,000, seconded by Councilmember McBryde and carried unanimously 9 to 0. B. Report on Branson Street Circulation Plan: This item was presented by Councilmember Kendrick. 1. Consideration of revision to Traffic Schedules 8 - Speed Control. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL) ORDINANCE NO. NS1993-051. Councilmember Kendrick moved to approve the foregoing ordinance, seconded by Councilmember McBryde and carried unanimously 9 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. 2. Consideration of revision to Traffic Schedule 7 - One-way Streets - Branson/Broadfoot Area. Councilmember Kendrick presented this item. He informed the Council the proposed barricades and one-way streets would be implemented on a trial basis and would be only a phase of the total program and not a final solution to the drug trafficking problem. A discussion ensued regarding the proposed plan. Councilmembers McBryde and Robertson expressed their opposition to the one-way streets and their approval of the barricades. Councilmember Massey expressed his concern that the neighborhood was being penalized and felt that a public hearing should be held. Councilmember Ross moved to hold a public hearing on September 7, 1993, for citizen input on solutions to the problem to include barricades and one-way streets, seconded by Councilmember Massey and carried by a vote of 7 to 2 with Councilmembers Robertson and Kendrick voting against. 3. Set public hearing for September 20, 1993, for the closing of a portion of Broadfoot Avenue from Simpson Street to Morgan Street. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF BROADFOOT AVENUE. RESOLUTION NO. R1993-059. Councilmember Kendrick moved to adopt the resolution and set the public hearing for September 20, 1993, seconded by Mayor Pro-Tem Blackwell and carried unanimously 9 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. C. Report on 25 Miles Per Hour Zones on thoroughfares. Councilmember Kendrick reported that the Streets and Roads Committee reviewed the current policy and decided it should remain intact. Councilmember Kendrick moved to accept the Committee's recommendation to retain the current policy, seconded by Councilmember Bolton and carried unanimously 9 to 0. D. Report on yard trash clogging storm drains. Councilmember Kendrick presented this item. He reported the Committee recommended the containerization of yard trash. City Manager John Smith suggested that this be referred to staff for the required ordinance changes which would require approval by City Council. Councilmember Bolton moved to refer the recommendation to staff to be handled before leaf season, seconded by Councilmember Cheek and carried unanimously 9 to 0. E. Consideration of adoption of N.C. DOT Street Standards. This item was presented by Councilmember Kendrick. City Manager John Smith stated this was an effort by both the City and County to develop joint standards for the urban areas. He recommended the adoption of the North Carolina Department of Transportation Street Standards as a first step with technical changes being made as necessary by Council. Councilmember Kendrick moved to adopt the standards, seconded by Councilmember Robertson and carried unanimously 9 to 0. 9. Consideration of adoption of a resolution authorizing the filing with the Local Government Commission of an application for the approval of the issuance of not exceeding $62,000,000 Public Works Commission Revenue Refunding Bonds, Series 1993 requesting the Local Government Commission to approve the financing team in connection with said financing. City Manager John Smith presented this item. He informed the Council that the only purpose of refunding is to save dollars on the debt service and not to build new projects or plants. He presented an overview of the responsibilities of the bond counsel, financial advisor, and underwriters. Mr. Smith recommended that Council follow the advice of Doug Carter, the City's financial advisor, and place the bonds on the market as soon as possible due to the fact that interest rates are at a 20-year low. He explained that should this recommendation be followed, no new bond counsel or underwriting team would be selected, but would remain as is and the fees would be negotiated and not bid. Lyndo Tippett, Chairman of the Public Works Commission, addressed the Council. He stated this was a positive action and would save $3 million over the term of the bonds. Mr. Tippett also pointed out that if conditions became adverse, PWC would have the right to withdraw the bond issue at any time. Doug Carter, City's financial advisor, recommended that the City get the bond package to market as soon as possible, by approving the existing bond counsel and underwriting team tonight, and negotiating fees. A discussion followed regarding the issues involved in a complex transaction of this type to include the bid process and the submitted time schedules. Councilmember Robertson moved to authorize the staff to go through an abbreviated proposal process without City Council becoming involved in developing the criteria and committing to make a selection no later than the September 7 meeting, seconded by Councilmember Ross. Councilmember Cheek made a substitute motion to follow the advice of the financial advisor with the criteria that negotiation be done on management fees, exact expenses, and a range for takedown commissions be established. There was no second on the motion. The question was called on the discussion and carried unanimously 9 to 0. Councilmember Robertson's original motion carried by a vote of 7 to 1 with Councilmember Cheek in opposition and Councilmember Bolton abstaining. City Manager John Smith addressed the Council regarding the previously adopted resolution authorizing the refunding of PWC and City of Fayetteville's general obligation bonds. He stated these bonds can be handled with the revenue bonds or can be taken to the Local Government Commission and sold on the open market as soon as possible without a financial team being involved. Councilmember Cheek moved to authorize the staff to take the general obligation bonds to the Local Government Commission and sell them on the open market, if recommended by the financial advisor, seconded by Mayor Pro-Tem Blackwell and carried by a vote of 8 to 0 with Councilmember Bolton abstaining. 10. Consideration of the following for CBD Loop Construction. City Manager John Smith presented this item. He explained the estimated cost of this project is $520,000 with participation by DOT, PWC, and the City. DOT's cost and responsibility as associated with the improvements to US Highway 301 is estimated to be $190,000. PWC and City staffs have developed a plan which delineates each organization's share. PWC's share of the project is $275,000 and the City's share is $57,500. A. Approve Municipal Agreement between City of Fayetteville and N.C. DOT. B. Approve Reimbursement Agreement. C. Dedicate right-of-way to N.C. DOT. RESOLUTION AUTHORIZING THE DEDICATION OF THE CITY OF FAYETTEVILLE PROPERTY TO NORTH CAROLINA DEPARTMENT OF TRANSPORTATION. RESOLUTION NO. R1993-060. Councilmember Ross moved to approve the Municipal Agreement Project: U-05-08CA(A), the Reimbursement Agreement Project: U-05-08CA(B), and the Dedication of Right-of-Way U-05-08CA(C) for the CBD Loop construction, seconded by Councilmember Torrey and carried unanimously 9 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. D. Approve budget amendment. City Manager John Smith presented this item. He stated the budget amendment ensures that PWC's funds are set up in the City's budget. Councilmember McBryde moved to approve the budget amendment, seconded by Councilmember Bolton and carried unanimously 9 to 0. 11. Presentation of Transportation Improvement Program. Deputy City Manager Roger Stancil presented this item. He explained the process used in the Transportation Improvement Program (TIP) for determination of projects. Mr. Stancil suggested the following improvements be made to the process: 1. Increase regularly scheduled meetings of TCC for formulation of plans to submit to TAC. 2. Schedule quarterly meetings between TAC and City staff. 3. Have Council direct staff to meet with Planning Director to discuss projects and improvements in the process. Councilmember Cheek asked the staff to meet with the Planning Director to discuss projects and improvements in the process. An update was given to the Council on the projects requested for inclusion in the local TIP. Mayor Dawkins at this time requested that Item 12 be heard before any vote would be taken on Item 11. 12. Consideration of request to address City Council from Hubert A. Noble. Mr. Hubert A. Noble addressed the Council regarding his concerns over the effect the traffic will have on his neighborhood if the proposed link between Yadkin Road and Cross Creek Plaza is done. Continuation of Item 11: Councilmember Bolton made a motion to endorse the addition of the following projects in order of priority to the Transportation Improvement Program (TIP), seconded by Councilmember Robertson and carried unanimously 9 to 0. The projects are set out in order of priority as follows: 1. The Intelligent Vehicle Highway System (IVHS) Improvements in the Cross Creek Mall Area. 2. The Natal Road/Mid Pine Drive, Black and Decker Road. 3. The Amtrak Railway Station Improvements, an addition to an existing joint project between the City of Fayetteville, NCDOT, and Amtrak. 4. The Central Business District Railway Improvements. 5. The Greenway/Bikeway Project along Cross Creek from Lafayette Park to Mazarick Park. 13. Consideration of setting a public hearing to amend Thoroughfare Plan for the Cliffdale Road and All American Expressway Interchange. Councilmember Kendrick moved to set the public hearing for September 7, 1993, to include the widening of Cliffdale Road between McPherson Church Road and Morganton Road, seconded by Councilmember Bolton and carried unanimously 9 to 0. 14. APPOINTMENTS: A. Nominations to fill two vacancies on Board of Adjustment. No nominations or appointments were made. B. Nominations to fill two vacancies on Senior Citizens Advisory Commission. No nominations or appointments were made. 15. ADMINISTRATIVE REPORTS: A. Statement of taxes received during the month of July, 1993, from the Cumberland County Tax Collector. The following is a statement of taxes collected for the month of July 1993: 1993 Taxes $ 0.00 1993 Vehicle Taxes 217,403.11 1993 FVT 29,750.00 1992 Taxes 30,856.72 1992 FVT 538.20 1991 Taxes 9,566.15 1991 FVT 90.60 1990 Taxes 3,078.18 1989 & Prior Real & Personal Taxes 817.42 Total Interest 6,139.76 TOTAL COLLECTIONS $298,240.14 B. Report on Cablevision coverage of City Council meetings. Mayor Pro-Tem Blackwell requested that Channel 62 be allowed to present their proposal on televising the City Council meetings at the next meeting. C. Report on placement of City Seal on brick under Market House. Mayor Pro-Tem Blackwell moved that the seal be placed in the Market House because of the historic value and significance of the building, seconded by Councilmember McBryde and carried by a vote of 7 to 2 with Councilmembers Robertson and Massey voting against. Councilmember Massey thanked David Nash and the staff for the annexation report. Councilmember Bolton moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously 9 to 0. The meeting adjourned at 1:25 a.m. INFORMATION MEETING MINUTES AUGUST 23, 1993 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET AUGUST 23, 1993 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, Milo McBryde, Nat Robertson, Tommy Bolton, Ida Ross, Robert A. Massey, Jr., Thelbert Torrey, Suzan Cheek and Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager of Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, City Attorney Bobbie A. Joyner, City Clerk George Vaughan, Director of City/County Planning Sara VanderClute, NCLM Convention Host City Coordinator 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 City Manager John Smith, followed by the Pledge of Allegiance to the American Flag being lead by Boy Scout Wheeler Hawks, Scout Troop #77, Snyder Memorial Baptist Church. Mayor Dawkins welcomed the scouts from Troop #77 and Scoutmaster Gene Hawks. Mayor Dawkins also expressed sincere grief over the loss of a friend and community worker, Ms. Nellie Smith. Ms. Smith was a local artist and operated a craft shop for many years. She was the wife of Attorney Richie Smith. 1. APPROVAL OF AGENDA Councilmember Cheek moved to add as item #7 a request for executive session for litigation. The motion was seconded by Councilmember Robertson and carried unanimously. Councilmember Bolton moved to approve the agenda with addition of item #7, seconded by Councilmember Kendrick and carried unanimously. 2. Consideration of adoption of ordinance amending Chapter 20 of the Fayetteville City Code, Motor Vehicles and Traffic, Section 20-106, Traffic Schedule Number 17 - Restricted Parking. City Manager Smith requested a change to be made on the proposed ordinance showing the effective date to be August 25, 1993, instead of September 10, because of the first day of school and changed the date of adoption to August 23. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC (SEABROOK ROAD). Councilmember Kendrick moved to adopt the foregoing ordinance with the change of the effective date to August 25, 1993, and adopted the 23rd day of August. Councilmember Bolton seconded the motion and it carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. 3. Discussion of televising City Council meetings. City Manager Smith stated he has been unable to reach Channel 62 and will try to have them attend a Council meeting very soon. Councilmember Robertson requested that he also try to contact the other local station since they have shown an interest. Councilmember Bolton moved to continue this item until the earliest possible Council meeting that the TV stations can attend, seconded by Councilmember Robertson and carried unanimously. 4. Discussion of City Council Goals and Objectives. City Manager Smith presented a progress report on the City Council Goals and Objectives that Council adopted in January of this year. There was lengthy discussion by Council with staff with their recommendations and concerns on several of the items. They concluded by setting a tentative date of November 12 for a retreat at the Fayetteville Regional Airport to discuss long-range goals. 5. Update on Plans for Phase I Annexations City Manager Smith had presented an overview of convention activities scheduled for October 17th through the 19th in the agenda packet. Sara VanderClute, Host City Coordinator, reviewed what has been planned and a few additions to the overview in the packet. Councilmembers commended staff and all the Host City Steering Committee members for including the whole community as well as Fort Bragg and Pope Air Force Base in the activities. They acknowledged that a tremendous amount of work has been put into the plans for this upcoming convention. 6. Update on Plans for Phase I Annexations. City Manager Smith presented the proposed annexation schedule and briefed Council on projected expenditures and revenues. He stated that a series of public hearings would be held with residents living in the targeted areas for annexation next year, to begin November 4, 1993. Resolution of intent and annexation reports with request to set public hearing for November 22 will be presented to Council on September 20th this year. The annexation ordinance will be presented for adoption on December 20th with an effective date of June 30, 1994. Assistant City Manager Teal showed maps of the areas proposed for each phase. The second phase is scheduled for June 1996, the third phase is June 1998, and the final phase is in June 2000. All areas are west and north of the city. Council shared some of their concerns and requests dealing with such items as additional police officers, parks, annexation reports and notices given to the public of changes to district lines. 7. Request by Councilmember Cheek for Executive Session for discussion of litigation. Councilmember Bolton moved to enter Executive Session for Litigation, seconded by Councilmember Robertson and carried unanimously at 9:30 p.m. Council reconvened into regular session 10:25 p.m. Councilmember Kendrick moved to adjourn the regular meeting, seconded by Councilmember Bolton and carried 8 to 1 with Councilmember Robertson being in opposition. REGULAR MEETING MINUTES SEPTEMBER 7, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET SEPTEMBER 7, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Louis Chalmers, City Traffic Engineer Kai Nelson, Finance Director Pete Piner, Fire Chief Al Mitchell, Assistant Planning Director Rick Heicksen, Transportation Planner Ken Horne, PWC Purchasing Agent James Martin, PWC Director of Electric 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 Reverend Stewart Greene, Pastor of the Fayetteville Bible Chapel, Country Club Drive, offered the invocation, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor thanked the staff for all the work on so many different issues and thanked his nine colleagues for the work and time that they give the City every single day and for the work they do on the Agenda. RECOGNITION: Presentation of Statement of Peace from Spiritual Assembly of the Baha'is of Cumberland County. (Appearing: Ms. Willie Lanier and Ms. Cora Langston) 1. APPROVAL OF AGENDA: A. Consideration of request from Councilmember Breeden Blackwell to discuss proposed parking project on Person Street. (Requires affirmative vote of 3/4 of all members of City Council.) Councilmember Ross moved to add this item to the agenda as requested, seconded by Councilmember Blackwell and carried unanimously. B. Approval of remainder of agenda Councilmember Robertson moved to approve the remainder of the agenda, seconded by Councilmember Ross, carried unanimously. At this time, Councilmember Bolton requested to abstain on Item 6. Councilmember Ross moved to grant the request of Councilmember Bolton to abstain on Item 6, seconded by Councilmember Blackwell and carried unanimously 8 to 0. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Blackwell requested to pull Items F and G for discussion, Councilmember Massey requested to pull Item E and Councilmember Torrey requested to pull Item D. Councilmember Bolton moved to approve the consent agenda with the exception of Items D, E, F, and G. After a second from Councilmember McBryde, the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of August 16, 1993. B. Approve minutes of information meeting of August 23, 1993. C. Approve tax refunds over $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. D. (Pulled for discussion.) E. (Pulled for discussion.) F. (Pulled for discussion.) G. (Pulled for discussion.) H. Approve bid award for purchase of 100, 50 kVa Padmount Transformers to Scott-Parish, low evaluated bidder. (PWC) Bids received receive were as follows: Scott-Parish (Raleigh, NC) $106,840.00 Eastern Electric (Raleigh, NC) $107,600.00 HESCO (Smithfield, NC) $116,400.00 Power Supply (Matthews, NC) $121,400.00 National Transformer (Wake Forest, NC) $119,000.00 WESCO (Raleigh, NC) $131,000.00 Rigby Electric (Rocky Mount, NC) $121,600.00 I. Approve bid award for purchase of five Trunked Repeaters and TX Combiner to Motorola, sole source supplier. (PWC) Approval of bid award in the amount $122,755.00 to Motorola, sole source supplier, for purchase of five Trunked Repeaters and TX Combiner. Bids were received August 3, 1993. (This equipment must fully integrate with existing Motorola 800 MHz Trunked Radio System.) J. Adopt resolution approving grant agreement with FAA for projects at Fayetteville Regional Airport. WHEREAS, the United States of America (acting through the Federal Aviation Administration, herein called the FAA) has included in its Grant Agreement for Project No. 3-37-0021-13 $298,069 for project improvements as listed: Update of the Airport Master Plan Plans and Specifications for Highway 301 Connector WHEREAS, the City of Fayetteville has agreed to the terms of the agreement and understands that the grant can be unilaterally reduced by $5,000 or five percent (5%), whichever is greater, if the FAA determines that the grant exceeds the expected needs of the sponsor. This agreement also provides for an increase of fifteen percent (15%) by letter for project overruns. WHEREAS, the City agrees to participate in the cost of the projects in the amount of five percent (5%), with the State of North Carolina participating five percent (5%) and the FAA participating ninety percent (90%). NOW, THEREFORE, BE IT RESOLVED that Project No. 3-37-0021-13 and this Agreement are hereby formally approved by the City Council of the Municipality of Fayetteville, and that the Mayor and the Clerk are hereby empowered to sign and execute the Agreement with the Federal Aviation Administration. K. Approval of the following Finance matters: 1. Adopt Budget Ordinance Amendment 94-3. On August 16, 1993, the City Council approved a funding request of $15,000 for the Cumberland County Coordinating Council on Older Adults. In addition, the City Council authorized a $14,000 appropriation for the placement of the City Seal under the Market House. The budget amendment is necessary to appropriate fund balance and establish the appropriations for the two items. Please note that the appropriation for the City Seal will be reflected as a transfer to the Recreational and Cultural Capital Projects Fund for the Market Square Beautification Project. 2. Adopt Capital Project Ordinance Amendment 94-1. The amendment to the Market Square Beautification ordinance is necessary to reflect a $14,000 transfer from the General Fund (authorized in Budget Ordinance Amendment 94-3) and appropriate the funds for the placement of the City Seal under the Market House. 3. Adopt Capital Project Ordinance 94-2. 4. Adopt Capital Project Ordinance Amendment 94-2. On June 21, 1993, the City Council adopted a capital project ordinance (AIP 13) for various airport improvement projects totalling $895,547. Since the adoption of the ordinance, the Federal Aviation Administration has separated AIP 13 into two separate projects known as AIP 13 and AIP 14. CPO 94-2 and CPOA 94-2 are necessary to separate the original AIP 13 into two separate projects. CPOA 94-2 (revised AIP 13) authorized funding for the update to the airport master plan and development of specifications for the new airport access road totalling $341,187. CPO 94-2 (AIP 14) authorizes the funding for installation of the airfield signage system, land acquisition for airport development and the construction of canopies totalling $554,360. L. Approve revision to Section 20-106 of the Fayetteville City Code - Schedule #6 - Stop Intersections. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (SOURWOOD DRIVE). ORDINANCE #NS1993-053. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. M. Approve revision to Section 20-106 of the Fayetteville City Code - Schedule #17 - Restricted Parking, Seabrook Road at E. E. Smith Senior High School. AN ORDINANCE AMENDING SECTION 20-106. ORDINANCE #NS1993-054. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. N. Approve award of contract for recycling. Contract for Westwood Recycling Center service contract for cardboard and newspapers was awarded to Waste Industries in the amount of $29,280, low bidder. Bids received were: Waste Industries $29,280.00 BFI $30,000.00 O. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located at the south end of Glenwick Drive, south of Martindale Drive. (P93-86) P. Approve the initial zoning to R5A Residential District or to a more restrictive zoning classification for an area located at the southwest corner of Morganton Road (SR 1404) and east Loch Haven Drive. (P93-87) Q. Approve Lease Agreement between City of Fayetteville and County of Cumberland for space in old City Hall building. Renewed lease with County of Cumberland to be used by the JOBS Training Service in the Old City Hall building, second floor, in the amount of $2,388.75. R. Adopt demolition ordinance for property at 1106 Powell Street. (Owners: Ms. Eunice Morris or Ms. Eunice Randall) AN ORDINANCE FOR DEMOLITION OF STRUCTURE. ORDINANCE #NS1993-055. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. S. Approve award of contract to Ralph Anderson Associates for position, classification and pay plan study. This service agreement is not to exceed a budget of $58,500.00. 2D. Adopt resolution authorizing the sale of property located on Old Wilmington Road. Councilmember Torrey inquired as to how much acreage was involved. City Attorney Cogswell responded that there would be approximately one acre. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION #R1993-061. Councilmember Torrey moved to adopt the foregoing resolution, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 2E. Approve bid award for construction of the Persimmon Creek Sanitary Sewer Interceptor to R. H. Moore Company, Inc., low bidder. (PWC) Councilmember Massey asked why Dellinger Inc. had withdrawn their bid. Ken Horne responded that Dellinger Inc. had made an error in their bid and requested that it be withdrawn. Bids received were as follows: R. H. Moore Company, Inc. $1,383,091.00 McClam & Associates $1,385,719.20 State Utility Contractors, Inc. $1,663,913.00 *Dellinger, Inc. $1,087,761.00 *Bid withdrawn in accordance with provisions of the N.C. General Statues. Councilmember Massey moved to award the contract to the low bidder of R. H. Moore Company, low bidder, in the amount of $1,383,091.00. 2F. Approve bid award for purchase of 75 50kVa CSP Transformers WESCO, Inc., low evaluated bidder. (PWC) Councilmember Blackwell asked what "low evaluated bid" means because there is a large difference between the low evaluated bid and the low bid. Ken Horne responded that on transformers and cable, they take into consideration electrical load losses over a 10-year period of time. The transformers recommended are much more efficient and less electricity is lost over that period of time and actually costs less over a 10-year period. He added that this information would be furnished in the agenda packets in the future. Councilmember Blackwell asked if this same procedure applies to Item 2G. And Mr. Horne answered that it did. Councilmember Blackwell moved to award to the low evaluated bidder as recommended for Items 2F and 2G. The motion was seconded by Councilmember Kendrick and carried unanimously. Bids received were as follows: WESCO (Raleigh, NC) $62,850.00 Eastern Electric (Raleigh, NC) $60,600.00 HESCO (Smithfield, NC) $64,425.00 Power Supply (Matthews, NC) $79,800.00 National Transformer (Wake Forest, NC) $65,850.00 Scott-Parish (Raleigh, NC) $60,588.00 Rigby Electric (Rocky Mount, NC) $69,875.00 Power & Telephone (Knoxville, TN) $54,225.00 2G. Approve bid award for purchase of 30, 100 kVa Padmount Transformers to HESCO, low evaluated bidder. (PWC) Bids received were as follows: HESCO (Smithfield, NC) $51,450.00 Eastern Electric (Raleigh, NC) $54,060.00 Power Supply (Matthews, NC) $62,910.00 National Transformer (Wake Forest, NC) $51,000.00 WESCO (Raleigh, NC) $49,200.00 Rigby Electric (Rocky Mount, NC) $63,060.00 Scott-Parish (Raleigh, NC) $53,715.00 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for speakers on public hearings and nonpublic hearings. A. Consideration of revision of thoroughfare plan - addition of All American Expressway Interchange at Cliffdale Road. Mayor Dawkins read from a memo in the agenda packet as follows: "This project was added to the Transportation Improvement Program (TIP) last year at the request of N.C. DOT. However, the project is not included in the City of Fayetteville's Thoroughfare Plan. The Transportation Advisory Committee (TAC) this year has withheld action on the project pending the outcome of your public hearing to consider adding it to the Thoroughfare Plan." Rick Heicksen, Transportation Planner, made the presentation of this item and gave a brief background. He stated that this must be mutually adopted or the project is dead. However, it can be brought back at a later date. If the project is approved and added to the Thoroughfare Plan, it is not guaranteed that the project will be constructed. This is the advertised public hearing. The public hearing was opened at 7:48 p.m. and speaking in favor was Clinton Harris, 4713 Watauga Road. He said he was in favor of this project because of the pollution that is caused by automobiles being stopped and back up at stop lights. This affects the people living in the areas of the pollution. He feels traffic will flow more freely with this project. Also appearing in favor was Ronnie Peele, 306 South McPherson Church Road. He stated he feels there is a need to improve the traffic flow and let the City progress. Speaking in opposition was Patricia Keller, 675 Newport Road. She is opposed because she feels the quality of life has gone down and the taxes have gone up. She feels this will cause more traffic congestion. Stacy Weaver, Attorney representing the Church of the Open Door, 4445 Cliffdale Road, said they are opposed to this project because two ramps on the church property would devastate and uproot the church. A single ramp would not be opposed to. Larry McGlothlin, 303 Whitney Drive, appeared in opposition along with approximately 50 area residents in the audience. Mr. McGlothlin stated that houses would be lost and there would be an additional 9,000 cars per day put in that area creating an increase in noise pollution and blocking the residents from being able to leave their driveways. There being none further to be heard on this matter, the public hearing was closed at 8:08 p.m. Councilmember Kendrick moved to not adopt this project as part of the Thoroughfare Plan, seconded by Councilmember McBryde and carried unanimously. B. Consideration of design and cross section recommendations for Cliffdale Road from McPherson Church Road to Morganton Road. City Manager Smith stated this is currently on the Thoroughfare Plan but this is a matter of consideration of recommending to N.C. DOT as far as future cross section on this particular road. Traffic Engineer Chalmers presented this item with a recommendation to consider asking N.C. DOT to change the thoroughfare recommended cross-section to a three-lane urban section which would provide an adequate roadway for this area of Cliffdale Road through the design year of 2010, adequate capacity and it could also be constructed within the existing 60-foot right-of-way. Additional lanes would be needed at the intersection of McPherson Church Road and Morganton Road to adequately handle traffic movements. This is the advertised public hearing. The public hearing was opened at 8:26 p.m. and speaking in favor was Clinton Harris, 4713 Watauga Road, stating that people need to be moved at a speed with the least pollution and as few stops as possible. Speaking in opposition was Eileen Sahlin, 3211 Cliffdale Road. She stated that the people in her area agree that this road needs to be improved, but they are opposed to a five-lane road. There were approximately 50 residents present in the Chambers opposed to the five-lanes. Those living closest to Morganton Road would lose much of their property and this widening would decrease property values. It would also be unsafe for children crossing these five lanes to utilize playgrounds and schools. She presented a petition with more than 150 names and addresses of the area residents and requested Council approve the three-lane with a turning lane, curbs, and gutters and if possible a sidewalk. Larry McGlothlin, 363 Whitney Drive, asked Council to follow Mrs. Sahlin's recommendation and added that this will also cause zoning change requests this time next year. Graham T. Moore, Chairman of the Building and Grounds Committee at the Academy, wanted to go on record as endorsing the concept of the three-lane road. There being none further to be heard on this matter, the public hearing was closed at 8:39 p.m. Councilmember Kendrick moved to recommend to N.C. DOT the recommendation for Cliffdale Road from McPherson Church Road to Morganton Road as a three-lane road with center turn, curbs, gutters, and possibly sidewalk to one side. The motion was seconded by Councilmember McBryde and Councilmember Cheek requested an amendment to the motion that this be a high priority project to N.C. DOT. Councilmembers Kendrick and McBryde accepted the amendment and the motion carried unanimously. C. Consideration of Branson/Broadfoot Area Traffic Management Plan. Traffic Services Engineer Chalmers presented this item with two alternatives for the Branson/Broadfoot Area Traffic Management Plan. Alternative one is the Traffic Management Plan proposed by City Staff utilizing one-way streets to change area traffic patterns. Alternative two is one of the alternatives suggested by the Police Department to change area traffic plans by blockading streets. Mr. Chalmers suggested that if alternative two is selected, he would recommend the installation of concrete barrier median, sections at an estimated cost of $1,000 per intersection. He also suggested that any traffic management plan implemented in this community be for a 90-day trial period with a follow-up report to City Council on the impact to traffic patterns, law enforcement activities and delivery of other City Services. This is the advertised public hearing. The public hearing was opened at 8:58 p.m. And speaking in favor was Clinton Harris, 4713 Watauga Road, representing Fayetteville Cumberland County Citizens' Association (FCCCA). Mr. Harris stated he was speaking for the FCCCA and they are concerned that the one-way streets, barricades and 25 mph would devalue the property in the area. They feel that Council has not done what they could about the drug problem in the area. And they should arrest buyers of the drugs as well as the dealers. They are concerned that Council is just pointing out their area as a trouble spot of the City. They recommended that officers be placed in the area 24 hours per day and arrest drug buyers. He recommended they do all of this for a trial period of 90 days and then report to the citizens. Mayor Dawkins pointed out that it was reported by groups that 195 arrests were made in a 90-day period recently. Patrick Monroe, 3808 Madison Avenue, stated he does not think one-way streets and barricades would help the problem. What he is concerned with is the fact that in traveling through this area many times, they have witnessed the use and sale of drugs openly and are concerned that the policemen are not really on top of this. He asked for more policemen and more arrests in this area. The drug dealers and buyers will not go into areas that are well patrolled. Speaking in opposition was Lois Moses, 1201 Simpson Street. She stated that the area residents feel that the one-way streets and barricades will not help the problem at all, because of the way the area residents ride in their area is the same way the drug dealers and buyers will ride. The residents suggest that the City Inspectors work more closely in the area; that they clean up the vacant property so police can see from street to street; have the Sanitation Director continue to work with them on their clean-up projects in the neighborhood; have slum landlords tear down or repair their properties in the neighborhood; and have police more visible. She stated that the area residents have tried in every way to cooperate with the police and they don't know what else to do. There being none further to be heard on this matter, the public hearing was closed at 9:10 p.m. City Manager Smith responded to the department efforts. The Sanitation Department has been involved in the total effort by cleaning up debris along the streets and the City Inspectors go into the area approximately every three to four weeks to inspect the entire area, in addition to the police efforts. He also reported a voice mail phone number of 323-7076 that any citizen can call to report trash and debris in the streets. Following comments from several Councilmembers, Councilmember Cheek moved to have the Mayor's Drug Task Force start meeting again to get something to brainstorm to see what is and isn't working, and looking at other things that could be done, seconded by Councilmember Massey. Mr. Smith reminded Council they voted at the last meeting to have the Task Force meet with Council at the next information meeting. The motion and second were withdrawn. No further action was taken. D. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to increase speed limit to 35 Miles Per Hour for Langdon Street from Ramsey Street to Murchison Road. Traffic Engineer Louis Chalmers presented this item stating he has received a petition signed by a majority of residents on the referenced street 40-35 mph speed zone. This is the advertised public hearing. The public hearing was opened at 9:37 p.m. And speaking in favor was Emma Greene. She stated that the residents were requesting the 35 mph because it is hard to go down the hill, which is 4/10 of a mile, with brakes applied all the way to keep the speed to 25 mph. Ms. Greene then read a letter submitted to her by Billy R. Gomez, owner of Gomez Auto Service, Inc., stating that the application of brakes and strain on the car's engine will require more repairs at 25 mph than at the speed limit of 35 mph. Speaking in opposition was Janice Smith, 1019 Landau Road. She stated she is a childhood resident of Langdon Street and travels that area to pick up elderly residents for transport in a van. She realizes it is hard on the vehicles to ride the brakes downhill. However, she feels that brakes are easier to replace than people. She stated it is very difficult to get onto Langdon Street from Fayetteville State University. There are children and elderly people walking on Langdon Street. She requested that Council not change the speed limit. There being none further to be heard on this matter, the public hearing was closed at 9:46 p.m. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC. ORDINANCE #NS1993-056. Councilmember Cheek introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Ross and carried 6 to 3 with Councilmembers Blackwell, Robertson, and Kendrick voting in opposition. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. E. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour for Brandt's Lane from Hale Street to Hillside Avenue. Traffic Engineer Chalmers stated he had received a petition signed by a majority of the residents on Brandt's Street for a speed reduction to 25 mph. He has also received a petition from the residents of Brandt's Lane, Hale Street, and Hillside Avenue for a speed reduction to 15 mph. This one should be handled separately or Council can decide to reduce the speed limit on Brandt's Lane to 15 mph. This is the advertised public hearing. The public hearing was opened at 10:04 p.m. There being none to speak in favor or opposition, the public hearing was closed. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC. ORDINANCE #NS1993-057. Councilmember Cheek introduced the foregoing ordinance and moved its adoption to 25 mph on Brandt's Lane, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. Councilmember Cheek requested staff to contact the petitioners on the reduction of Hale Street to 15 mph. Councilmember Kendrick moved to have the speed limit in the residential areas returned to the Policy Committee for study and possible revisions, seconded by Councilmember Bolton and carried unanimously. Councilmember Cheek also requested that staff follow-up with the residents of this area for security problems reported to her. F. Consideration of the rezoning from R6 Residential District to R5A Residential District or to a more restrictive zoning classification for an area located at the northwest end of Berkshire Road, north of Alden Street. (93-76) This item was presented by Al Mitchell, Assistant Planning Director, with recommendation from the Planning Board to approve the requested rezoning. The Planning Staff recommends denial based on the following: 1. The 1971 Land Use Plan calls for low-density residential uses at this location; and 2. The area does not meet the standards for high-density residential development. (The 2010 Land Use Plan calls for medium-density residential development at this location.) This is the advertised public hearing. The public hearing was opened at 10:13 p.m. and speaking in favor was Jenny Russell, 203 Owen Drive, stating that when they purchased this lot, it was filled with junk and they have cleaned it up and made it useful. This will be an increase to the tax base to the City. She requested that the rezoning be approved. There being none further to be heard on this matter, the public hearing was closed at 10:15 p.m. Councilmember Kendrick stated that because of the increase in apartments it would increase the traffic congestion in this area and it could possibly be spot-zoning, therefore, he moved to follow the recommendation of the Planning Staff to deny the rezoning request, seconded by Councilmember Ross and carried 6 to 3 with Councilmembers Bolton, Blackwell, and Robertson voting in opposition. 4. Consideration of request to address City Council from Sister Jean Rhoads, Executive Director, The Care Clinic. Sister Rhoads presented literature to Council in addition to what was presented in the packet. This clinic is to answer the need to provide health services to working poor who are ineligible for Medicaid and cannot afford health services. She reviewed the criteria, budget and contributions, volunteers and time schedule for the clinic. Sister Rhoads invited everyone to the dedication service planned for November 14. Mayor Dawkins thanked her for what she has done and stated that this clinic would be supported. He commended her for all the work and support she has put into this community. 5. Consideration of request to address City Council from Keith A. Hinnant. Mr. Hinnant was not present in the audience and City Manager Smith stated that he was notified of being on tonight's agenda. 6. Consideration of adoption of a resolution authorizing the filing with the Local Government Commission of an application for the approval of the issuance of not exceeding $62,000,000 Public Works Commission Revenue Refunding Bonds, Series 1993 requesting the Local Government Commission to approve the financing team in connection with said financing. The following is the verbatim of this item as motioned and carried unanimously at the September 20, 1993 meeting: Dawkins: Item 6 states "Consideration of adoption of a resolution authorizing the filing with the Local Government Commission of an application for the approval of the issuance of not exceeding $62,000,000 Public Works Commission Revenue Refunding Bonds, Series 1993 requesting the Local Government Commission to approve the financing team in connection with said financing." Mr. Smith. Smith: Mr. Mayor and members of Council, at your last meeting you instructed us, using our financial advisor, to put out a request for proposals on a fast-track basis. Mr. Doug Carter handled that for us in consultation with us. As far as underwriters, you have the results of those proposals. You have Mr. Carter's recommendation. He is here this evening if you have any questions regarding the process or the proposals. I certainly concur in the recommendation based upon the proposals received. Dawkins: All right. Mr. Carter is here. Are there any questions by Council of Mr. Carter? I know he's back here with us with Mr. Nelson I believe. All right. I'm sure Mr. . . . Did you want to say anything else before we . . . Smith: That's all I have. Dawkins: Mr. Smith is here and Mr. Carter is here if we need them. Okay. Mr. Robertson. Robertson: Mr. Mayor, I've done a little bit of homework on this and I'd like to commend the staff and our representative, our paid representative, from Alex Brown, for the work that's been done. I think by the Council taking the action that it did, it has saved us, I guess to this point as long as interest rates stay in the same climb, well over a $1 million and would like to make the motion that we obtain Robinson Humphrey as our underwriters. Ross: Second. Dawkins: All right. So in other words to adopt the resolution . . . Robertson: Yes sir. Smith: The recommendation I believe was PaineWebber. Is the motion to award it to somebody other than the low bidder? Robertson: Yes sir. Mr. Nelson's book said we could do that. Smith: I really question then why did we go through this process? McBryde: I do too. Robertson: Well, excuse me, can I? Dawkins: All right, let's get the motion again to award it to who, Mr. Robertson? Robertson: Robinson Humphrey, the second lowest bidder. Dawkins: The second lowest bidder. All right. And that was seconded by Ms. Ross? Ross: Right. McBryde: Good God, that's Wally McBride. Dawkins: All right. Mr. Kendrick had stated he wanted to . . . Kendrick: This is something I think that . . . Robertson: I'm sorry Mark, let me address something if we're going to start discussion now. Kendrick: No, it wasn't a discussion on your motion. Robertson: Oh I'm sorry. Kendrick: I was just making a comment. It's up to you Mr. Chair. Dawkins: Okay, well we want . . . I think we need some clarification here about this. Let me go to Mr. Smith. Mr. Robertson, you want to ask something? Robertson: Well, the question came up why? PWC does it all the time. We had two examples of tonight why we did not take the lowest bid and went through a bid process. I will give you my reasoning for not doing it. One, the proposal came in August for $12.33 per bond. It went out for bid and came back at $5.46 per bond. This is PaineWebber's bid. I would think that by them being able to lower the price by over half, that perhaps they weren't shooting straight with us to start with on what they could do, the way that they could negotiate. Secondly, . . . Smith: Are you talking about the previous sale or the information that was put together for . . . Robertson: The information that was put together for PWC for their proposal. Smith: I don't believe that was a proposal. I think what that was was a statement of potential savings from refinancing and a figure of I believe it was $10.00 per bond was used as an example of total cost of underwriting an issuance. I don't think that that was considered to be a proposal or a price and I think when Mr. Carter was here the last time indicated that he felt that a considerably lower price and that certainly could be negotiated. My concern is that we have gone through a bid process as instructed by Council. I think we'd have to have some . . . Legally I think certainly we don't have to have to go through a bid process on this, but I think having put these companies through this process, I think we need some very strong reasoning as to why we would not go with a particular company. Robertson: Well, I'm in the middle of giving that to you. Smith: . . . [inaudible] with a strong proposal and the lowest bid amount, which is what Council asked for. Robertson: Thank you Mr. Smith. Another reason, I believe the other firm has local help on the underwriting, the counsel underwriters, and it was the . . . let me see. We've got three parties that are helping us here and all three of them are local Fayetteville firms. Smith: Who are we referring to, Hunton & Williams? Robertson: Let me get my papers together here. Excuse me. Dawkins: This is just a matter of information, we may be here a long time tonight. I think we're talking about something quite frankly that I sure hope . . . [END OF TAPE] Charleston: I do . . . I am aware, however, that there are local firms that had been recommended for the bond counsel which I endorse wholeheartedly. The law firm of Brown, Finch and Gregory, along with Wood and Rand, they have done a beautiful job for the City on a number of prior issuances and I support that wholeheartedly. I figured there's a real opportunity here simply. We're going to need some local participation in the underwriters in the issuance of these bonds. Robertson: Okay. Thank you sir. Dawkins: Just as a clarification Mr. Robertson. Mr. Charleston, do you practice law here in Fayetteville? Charleston: I live here in Fayetteville. Dawkins: Okay. Charleston: I've have several clients here. Mayor, you know . . . Dawkins: I'm just asking you. The point was asked about local, but do you have a law office here in Fayetteville? Charleston: Well I do a lot of business in Fayetteville. Dawkins: Okay. Charleston: I pay taxes [inaudible] and I live [inaudible]. Dawkins: I'm aware of that, but we were talking about a law office here in Fayetteville I believe, that you said Mr. Robertson referred to the local . . . Smith: I think Finch & Gregory is the bond counsel, but they're bond counsel regardless of who the underwriter is. Dawkins: All right. Thank you Mr. Charleston. Robertson: I know that I dialed a local phone number Mr. Mayor. Those are my major points. I just feel that according to Mr. Nelson's pamphlet he passed out, we're able to do this legally and I feel very good about the firm. I passed around some figures to City Councilmembers earlier this evening about some significant savings and that's the way motion stands sir. Ross: Could I ask a question of Mr. Charleston? Dawkins: Yes. Ross: Attorney Charleston, I'd like to ask you a question. Is it the fact that your company did some work for the county, Cumberland County Hospital renewal, the Cumberland County Hospital? Charleston: Yes ma'am. We monitor the firm in conjunction with Hunton and Williams served as bond counsel for the Cumberland County on the most recent refinancing of $29 million [inaudible] Cape Fear Valley Hospital Authority. That was back in May. But prior to that, for the record, if there is some question about the experience. My first experience after law school was doing nothing but bond work. Ross: Okay. Thank you. Dawkins: All right, let me go . . . I have Mr. Kendrick, Mr. McBryde, and Mr. Mayor Pro-Tem Blackwell, and also there may be some input by Mr. Nelson if he would like to reside ahead . . . Kendrick: I'd like to get input from Mr. Nelson. Dawkins: All right, Mr. Kendrick has requested some input from Mr. Nelson who heads up our Finance Department. Kendrick: Mr. Nelson refer to the bottom of page 19 in the book you furnished. Can you . . . Nelson: Well Mr. Robertson is correct. This is a service, so the Council is perfectly within its rights to award this particular service item on whatever criteria it's so inclined to do. Kendrick: Regardless of the bid process. Nelson: Well as a legal matter I would . . . Smith: I think it's a legal matter and an ethical matter involved in it, and I'm concerned about the ethical matter. Dawkins: Did everyone understand what our City Manager just said? He is concerned about a legal matter but also an ethical matter in this. I want that to go into the record. Blackwell: Could we get some clarification? Dawkins: Yes. Blackwell: Mr. Smith, could you give us some clarification on the legalities and the . . . Smith: I certainly agree, and as indicated, this is a service, it does not require that you put it out for bids. You can certainly negotiate fee. You can negotiate with any underwriter you so choose. My concern in this case is that a recommendation was made for a particular underwriting firm at your last meeting. That firm was rejected in favor of taking bids. You have taken bids, that particular underwriting firm has won out through the bid process and I have some very strong concerns about not then awarding that contract based upon that bid process. Blackwell: Mr. Mayor, it's not my turn, but I still want [inaudible]. Dawkins: Go ahead. Blackwell: I don't want . . . Go ahead and let somebody else go. Dawkins: No, you go head. Smith: Let me make one other comment with regard to the other process you were talking about tonight with the PWC, the low evaluated bids. That's a different issue. You're talking about a way of measuring the cost of an item as against initial purchase price versus price over the life of the product. That's not simply ignoring a low bid and I'm generally not up here to argue that we ought to take service contracts on a low-bid basis, but that seemed to be the indication and the message that I got from City Council at the last meeting, and I think based upon the prices that you see bid here, that certainly I think was the indication that these folks who were submitting these proposals had. I just have some real concerns about going through this process if the intent all along was to award it to another firm anyway. Robertson: Who assumed that that was the intent? Is that what you're saying Mr. Smith? Smith: I'm saying that it leaves a certain impression and I think this would not be a good impression to be left. Dawkins: I will go to somebody else to speak, but I'll come back to you Mr. Robertson. Blackwell: And you come back to me Mr. Mayor? Dawkins: Yes. Oh yes. Torrey: Mr. Mayor, I would like to know his ethical concern. What are your ethical concerns? Dawkins: All right. We're going to go, Mr. Torrey, to Mr. McBryde. Mr. Kendrick did you want to say anything? Kendrick: [Inaudible]. Dawkins: All right. We're going to Mr. McBryde and then Mayor Pro-Tem Blackwell, Dr. Cheek, Mr. Torrey, and Mr. Robertson and Ms. Ross. Get all those down. McBryde: I think most of what I want to say has been said. I don't normally defend PWC, but a low evaluated bid is a low bid over the length of life of the product. So it is a low bid. PWC always recommends the low bid. It may not look that way on the paper, but it is always the low bid, just as PaineWebber's bid on this is the low bid. It was certainly my intention and I'm sure that John got the feeling that it was our intention to go with the low bid because that was certainly the way I felt. I think most of us up here did when we said we wanted to go through a bid process. I don't know if Bob wants to address the possible liability if we don't go with the low bid, but it's pretty obvious to me we might get our pants sued off. I just can't understand why we would go through all this and then not go with what is the low bid. And can I make a substitute motion Bob or is that not in order? Cogswell: If its negative of the other one, it's not in order and I haven't heard your motion. So . . . McBryde: I was just going to change it. Cogswell: I'd advise [inaudible]. McBryde: Okay, I won't do that right now. Dawkins: All right, I believe we're going back to the Mayor Pro-Tem . . . I may get these out of order. Mr. Torrey, and then Dr. Cheek and Mr. Robertson and Ms. Ross. Mayor Pro-Tem Blackwell. Blackwell: Okay. Mr. Smith, I'm going to be the first to say that this is a process that I know very little about and the last time I wanted to ask Mr. Bolton some questions and he was not allowed to answer them and I respect that because of his position, but that might have helped me a little bit in understanding this process by the way. But I just have a real concern . . . It doesn't matter which firm it is. I mean but PaineWebber's name's here and I don't know anybody that works with PaineWebber. I'm just saying that I have a real concern of a firm that's been bidding at 12 something the whole time and then . . . I'm just giving you my opinion, it's worth a nickel. I'm saying that a firm that's been bidding at 12 point something all along and we throw the business out to bids and it cuts it to 5 something. And had we not put it out to bids, we wouldn't have saved over $300,000. I'm not picking on that firm, they just happened to be the one on this sheet. It could be Joe Blue's firm that's been bidding business for 12 something and then again it's dropped to 5 something because you know there's some other hungry wolves out there in my opinion and that's not an attack on them. Just think if we had not put it out to bid. Smith: Well . . . Blackwell: That's my strongest argument I have of putting it out to bid is the money we saved in this bid process. Smith: I would answer it this way and perhaps Mr. Carter might want to respond too, that again we were not dealing with a bid figure, that Doug Carter had recommended at your last meeting that we negotiate a figure. We had discussed some figures that that might come out to. On the second part of it I would say that being the case, then if we do put it out to bid, then why don't we go with the low bidder. Let me also explain to you how we came up with the companies that we sent these proposals to. We sent them only to those companies that have local Fayetteville offices. With regard to a local assistance as I can now determine, there is one attorney who resides in Fayetteville who would be involved in this deal and that's the difference as far as local involvement. Mr. Carter did not recognize the name on the . . . He just showed me the name on the bid document and it had Wally McBride and the other gentleman on it. He thought this gentleman was with Hunton & Williams. He did not realize he was a local attorney. But that's . . . It appears to me the only difference that we're looking at here is the involvement of one local attorney with a law firm in Raleigh. I can't see any other differences, that's all I've heard. Blackwell: Did the proposal from Hunton & Williams, which I have not seen, did it have a notation on it that the bids, the fees could be adjusted, that the fees could possibly be adjusted after all the final information was in? Carter: It did not. The proposal . . . Blackwell: There is not an asterisk on there . . . Carter: No. The proposals actually came from the underwriters in which they stated whom they preferred as underwriters counsels, their lawyer, and they stated a fee and I do not recall an adjustment to that. Blackwell: Mr. Carter, did you receive a request for information on two occasions concerning some information about this and never got back with that firm? Do you recall that at all? Carter: Request for information concerning . . . McBryde: Concerning this process or . . . And again I . . . __________: [Inaudible]. Carter: No, I talked with several of the firms throughout the process, had a number of telephone calls, and to my knowledge did not not call back. I didn't talk to every single . . . I had one firm call me as late as Friday and I happened to be off luckily and tried back today and was not able to reach that person, but that's the only telephone call to my knowledge that has been unreturned. Well it was returned, but has been . . . has not been spoken to. Blackwell: Okay. Thank you. Carter: If I could just make one comment with respect to . . . I'm not entirely sure that I know where 12.33 came from, but I think that may well have been the takedown on the last deal, the actual underwriter's discount on the deal in 90 or 91. Nelson: 92. Carter: I mean 92. Robertson: Was it negotiated or bid? Carter: That was a negotiated figure as to the best of my knowledge from what I can see from the records. Robertson: It was negotiated at 12.33? Carter: I believe that's correct. I haven't seen, but I think that's the number. I will say to you that since that period of time, spreads if you will, the so-called spread or underwriter's fees have gone down fairly dramatically as an industry wide. Kendrick: Since what date? Carter: Pardon? Kendrick: Since when? Carter: Well really it's . . . Declines in underwriter spreads have been a feature of the last ten years, last five or so years I should say. And so underwriter's fees have been dropping fairly dramatically in the last several years and so I would suggest to you that having seen a $12 takedown figure in 1992 would not be extraordinary while seeing in 1993 $5 and $6 quoted. The apparent difference of $6 is really in my opinion more a function of the fact that the market in whole, in total, has gone down in terms of what underwriters are paid then some sort of . . . I just think it's a function of the market. Smith: Wasn't there also a team and co-managers on the last deal as well? Carter: That's correct. Smith: There was some indication as I understand it in these proposals that these fees were only good if these firms were the sole underwriters, is that correct? Carter: Actually one indicated that the takedown was there if they were the sole managing underwriters. Blackwell: But I wouldn't be concerned about the $12 if it didn't go back to 90. I mean if it was a reduction in over a year, I could say well the market's done something to which I know nothing about but for it to be consistently dubbed 12, 12, 12. Carter: Is that what's going . . . I mean I haven't been advised on all the transactions and I don't know the history. I don't . . . Has it been the same . . . Blackwell: Can you understand a layman's concern when I see those figures is all I'm asking. Carter: [Inaudible] in all the transactions? Blackwell: I don't know. Carter: I don't either I'm sorry to say. Smith: Mr. Carter was not involved in the previous transactions. Blackwell: Okay. Smith: In fact, there was no financial advisor. Carter: There was no advisor on the previous transactions, that's correct. And I don't know if they were the same on each one of them. I would just suggest to you to see a drop in that magnitude since 92 does not strike me as extraordinary at all. Although I will say to you as a group that the proposals, "the bids", that you received are very aggressive ones. Aggressive meaning on the low side. Dawkins: Mr. Nelson, did you want to say anything? Okay. All right, we have lined up Mr. Torrey, Dr. Cheek, Mr. Robertson, Mrs. Ross. Torrey: Mr. Mayor, my question has been satisfactory answered, thank you. Dawkins: All right. Thank you Mr. Torrey. Let's go to Dr. Cheek. Cheek: Okay, thank you. Is Robinson Humphrey a local . . . do they have a local office? Smith: Yes they do. All the firms on that list have a local office. Cheek: Okay. They're part of Smith Barney & Shearson? Smith: No, they're . . . Cheek: It's kind of on the same line here. I found them. They're down on the bottom. It's next to the bottom with Smith Barney Shearson. Is that their local office? Smith: Doug, I don't know who's who anymore. Merging and unmerging subsidiary. Cheek: Okay, and they have a separate office here? Nelson: No, they would work through Smith Barney. Smith: Yes, they work through Smith Barney. Nelson: Essentially Robinson Humphrey is the southeastern office. Cheek: Mr. Charleston called me to advocate that I not follow the financial advisor's advice and to look further into alternatives and at that time he said that he had no interests at all in this process other than a concerned citizen. So this was several . . . This was right before our last Council meeting, but I'm a little bit troubled about that and I wondered if you would address that, because perhaps I misunderstood you Mr. Charleston. Charleston: Sure. If you will, probably well aware the recommendation of the staff I believe at the time was [inaudible] and I had not provided for requests for proposal from alternative firms at all. I [inaudible] having had some experience in the business that I believe the City could get a better deal whether it be with me or somebody else by simply shopping around. Typically, when you're able to compare apples to apples, you can see what you're getting, but if you're not comparing apples or anything, you don't know what you're getting. Cheek: I had not understood you to be a part of the process. Charleston: At that time I was not because the only person or group being considered was PaineWebber. Cheek: I have a concern about some of these figures. Some of the figures that have been passed around are from a memorandum that our other financial advisor, Mr. Robertson, has provided here. Robertson: Not as well paid as the City's. Cheek: I'm not sure it's as good either. Robertson: You get what you pay for. Cheek: Yes, I'm afraid we might if we go with your version. And the savings that have been mentioned several times are figments. They're smoke and mirrors, there aren't any savings yet because there was no firm price and I really want the Council to understand that there was a ballpark market accepted figure to enable the underwriters to see whether it would be feasible even to go through this bond refunding. That's what the $10 was. I don't know where you got your $12, our financial advisors telling us its $10. But regardless, it was a conservative worse case figure to see if it's worth it to go through this but refunding in the first place. And given that, they have told us all along that it would be negotiated. We have a really good price. We have people that we have hired who have the best of training, the best experience, the PWC has confidence in them. They are advising us to do something and I don't see how we can go against every single advise that we have been given. I just really don't. I don't think there's any financial reason for it and other savings. The "drop in interest rate", that interest rate's going to be doing what its going to be doing anyway and that has nothing at all to do with this bid. The only danger is if we hold this up, we may lose the opportunity to be in the best place to put the bonds out. I think we should go with the lowest price and I vote against the motion. Dawkins: All right, thank you Dr. Cheek. We have Mr. Robertson, Ms. Ross and Mr. Kendrick. Mr. Robertson. Robertson: Ms. Cheek, I got that figure from taking $789,000, which is the takedown, and dividing it by the amount of the bonds which was $62,050,000, and that comes to $12.30 area, which is a page out of the proposal from PaineWebber. Cheek: Well Mr Robertson, since you obviously have a great deal of expertise in this . . . Robertson: No, no, and I've never claimed to. I'm just looking to save the taxpayers a little bit of money. Cheek: I think we all have that goal Mr. Robertson, but I think that we need to look long and hard at the kind of advise we have to do that. McBryde: We need to save a little more and go with the low bid. Robertson: You're talking . . . Dawkins: Mr. Robertson? Robertson: I'm sorry, am I up again. Dawkins: Go ahead. Robertson: I don't think we need to look at it as spending an additional money by going to the next bid, but by looking at the figures and seeing what we've saved and that's been well over $1.2 million to date. As of today's interest and combine that into the savings of the bid process that we can take advantage of of over $345,000. Dawkins: All right. Thank you Nat. I think one thing that all of us agree on and everybody in the audience, of course the savings is going to be more controlled in the interest and what the market does there, which of course fortunately it's been good in our favor lately. Let me go to Mrs. Ross and then Mr. Kendrick. Ross: Mayor Dawkins, you're probably going to be upset over what I'm going to say, but I'm going to say it anyway. Dawkins: All right. Ross: When I first came to Fayetteville, I would vote for people I wouldn't know who they were. Because they didn't look like me, I didn't know who they were. I don't see but one person out there that looks like me that has something to do with this voting situation. We have 27,000 black citizens here in Fayetteville. We go along with everything that comes along. We vote for it. And do we have anybody that is working with the program. One time we didn't have anybody that was working with the situation that had to do with auditing. Now, I don't think it's fair for us to do . . . If we want to improve our image and we're trying to do that, if we want to be fair, we're going to be fair regardless of who the person is. Dawkins: Ms. Ross, to respond to that. Since you're . . . I think if you'll look a little further, there are other folks that are involved that happen to be Afro-American. Ross: I'm talking about that's on this program. Dawkins: I know Mr. Charleston and there are other people that would be involved from the area of attorneys and there happen to be Afro-Americans. Ross: I'm talking about this in particular. Dawkins: I'm talking about this too Ms. Ross. Ross: Where are they? Dawkins: Well, I don't want to get into names, but there . . . At least one's in this room. And I'm sure these other people have . . . Ross: I don't see one. Dawkins: Well, I know Mr. Charleston, but Mr. Charleston's not the only Afro-American that I see in here. But I think . . . Ross: Somebody must be hiding then. Dawkins: But I think if you will check around and check with these firms, I would think that there are a number of . . . Good golly, we're talking about a big firm. Ross: Invisible people. Dawkins: No, I'm talking about people . . . Ross: I don't see them. Kendrick: Mr. Mayor. Dawkins: Well, all right. Okay. All right. Ms. Ross, did you have anything else to say? Ross: No. Dawkins: Okay. I don't want to get into other attorneys in here . . . Ross: I'd like to call the question. Dawkins: All right. Well. Kendrick: She's called for it. Dawkins: All right. Okay, the question's been called for, so if this, we'll have to vote on the question, and if the question passes, then of course we'll vote on the motion without any further discussion. All right. Blackwell: Mr. Mayor, does that mean if we vote on the question, Mr. Kendrick . . . Dawkins: You cut off . . . Blackwell: . . . can't be heard? Dawkins: That's right. That's right. Blackwell: Okay. Dawkins: That's what it means. If you pass the question, no one can be heard, even the chairman. Blackwell: All right. Dawkins: All right. So we're calling for the question, which basically would cease debate. Okay. Am I missing a vote here? That's right, I apologize. Mr. Bolton cannot speak or vote. The question fails by 5 to 3, so we'll . . . Dr. Cheek, Mr. Robertson, Mayor Pro-Tem Blackwell, Mr. McBryde, and Mr. Kendrick voting in opposition. So we'll go now to Mr. Kendrick for discussion. Kendrick: Mr. Mayor and fellow Councilmembers. The way our discussion is going this evening, something just doesn't seem right to the whole process. That's my opinion to it. I'll be quite honest with you. I see people here from First Union that have also bid and that have legitimate concerns, I'm sure, with this, and I'm not sure if there's anybody else in the audience or not. I'm not picking on one bank, but I'm saying that other people are allowed to make comments and if one group can make comment, then everybody should be allowed to make a comment. So I make a motion that we postpone the action until the next regular schedule Council meeting and let all . . . If we're going to allow one to speak, we need to allow all to speak. I think that's the only fair way to do it. I'm afraid about the interest rates and I'm afraid about everything else, but I think this is just not correct. I think . . . Dawkins: Thank goodness they've been down. Kendrick: Well you know. I just think there's a problem and I don't think it's fair to the people that took the time to make bids on our process for us just to go with . . . allow one group to speak or one group not to speak. I think [inaudible]. When we have issues of public hearings, we have pro and con and we allow the people to address the City Council and I think it should be the same way with businesses if we're in that situation. I think we are in it right now. Dawkins: All right, I have a motion by Mr. Kendrick we take action on this at our next regular meeting, which basically is what . . . Kendrick: That we allow . . . Dawkins: That we receive input. Kendrick: That we receive input from the vending companies. Cheek: Is that a substitute motion? Dawkins: It would be a substitute. Kendrick: Be a substitute. Dawkins: Because I believe . . . Blackwell: Mr. Mayor. Dawkins: All right. Well I'll have to have a second and then we can discuss the motion. Blackwell: I'm sorry. I was just going to ask a procedural question . . . McBryde: Mr. Mayor. Dawkins: Okay. Blackwell: . . . to Mr. Kendrick or to you Mr. Mayor. Dawkins: All right. Blackwell: It's a procedural question. Dawkins: Okay, go ahead. Blackwell: Could Mr. Kendrick not ask members of the audience that he wants to ask any questions as Mrs. Ross and Mr. Robertson have asked questions? Dawkins: What Mayor Pro-Tem said, would you like to ask questions in the audience? Kendrick: Yes. I need somebody from Merrill Lynch. Anybody here from Merrill Lynch? Okay. You see, I'm just saying this, I mean, this . . . what we're doing now is just . . . it's just not proper folks. I mean I don't, you know. So we've got all Interstate here to . . . I assume Interstate's here, A. G. Edwards is not here. You see what I'm saying. I mean if we're going to open it up to back and forth, regardless of who we award this to, regardless, and if at what amount, then everybody should be allowed the same opportunity, and I think that we're not allowing that to happen. Dawkins: Okay, is there a second to Mr. Kendrick's motion? Ross: I second his motion. Dawkins: Okay, Ms. Ross seconds that motion. And we would invite--Mark, as I understand your motion now--we would invite input. I believe you referred to the First Union people and there may be others here. I don't recognize . . . All right. So I'll entertain discussion on the motion. McBryde: You know, I think Mark's made a good point. I don't know that Mark really wants to put this off. That would give all these companies a chance to bring their black lawyers and their black bankers so we wouldn't have a lot of invisible people. And we're just going to get into a thing that we really shouldn't get into. We should be here tonight to take the low bid, we directed them to come back with low bids. We should be here. We should take the low bid, vote on it, and be through with it. I think this is really getting ridiculous. Ross: [Inaudible]. Dawkins: Well, my only point. I think that Ms. Ross . . . and I was just letting you know there were other people involved that happened to be minorities. Ross: I was just going to say . . . Dawkins: Go ahead Ms. Ross, go ahead. Ross: . . . this is 1993 and the war is over. Dawkins: Well, this is . . . I think that's Mr. McBryde's point. McBryde: I was just trying to defend myself. I wasn't trying to start, trying to say. Ross: I think it's over. Dawkins: All right, we have a motion . . . Mr. Kendrick? Kendrick: But anytime that we have something brought before the City Council, the dialogue is brought about and then we start asking people in the audience questions that have a vested interest in our decision, then everybody should be allowed to speak. Ross: That's true. Kendrick: I mean that's just my opinion to it. Everybody should be allowed to speak. You know, we ask for the lowest responsible bidder and that's the way it was supposed to come before the Council and that was supposed to be end of it, but it transgressed further than that. So to make it even for everybody to have their fair say into it, that was the reason for my motion. Dawkins: Okay, thank you Mr. Kendrick. Yes, let's see what Mr. Smith has to say, than I'm going to Mayor Pro-Tem and Dr. Cheek. Smith: Mr. Mayor, I'm very concerned about the process that we go through on taking proposals and taking bids and hiring folks. Kendrick: You should be. Smith: I want to share with you I received a telephone call when these requests for proposal came up from a local banker who wanted to know was this a legitimate process or was it going to be a political process and had the decision already been made. And I said I think this is a legitimate process. The City Council has asked for bids and I think it's wide open and they submitted a bid. They were not low but they submitted a bid. McBryde: They were close. Dawkins: Okay, thank you Mr. Smith. Let me . . . I believe Mayor Pro-Tem and then Dr. Cheek, I think that was the order. Blackwell: I don't disagree with what Mr. Kendrick has said. But as an elected official, I also have to say this. If any member of this audience, or not audience, calls me about something, I think it's my responsibility to listen. All the people in Westwood called my house this weekend and I listened. All the people on Cliffdale Road called my house this weekend and I listened. And I think when a citizen, whether they have a vested interest or not, brings up some--what I think from a rookie's point of view--a legitimate concerns, then naturally it raises questions in my mind. Just like we went through an architect thing. Some citizens raised objections. When they raise objections, we order address those objections. I respect Mr. Smith and I know what you're saying in this process, but if any other law firm would call me or any other architectural firm would call me or any other citizen would call me and they really raised what I felt were questions that needed asking, then I think I have the responsibility. Even if my best friend's out there in that audience and I may have to vote against him or her or their firm. If another person has raised legitimate concerns, I think I owe it to try and explore that. This is not an attack on my part on PaineWebber or the process or what Mr. Nelson or Mr. Carter has done for us. I think legitimate questions have been raised and I've tried to address those the best that I could, as I would any issue that comes before Council. Dawkins: Thank you sir. Let's go to Dr. Cheek. Cheek: Mr. Mayor, I would like to ask does the Local Government Commission meet twice in the month or just month? Smith: Once. Cheek: Okay, we will miss that if we wait, is that correct? Kendrick: Yes. Cheek: The interest rates, again, are very sensitive and a small tiny spread we were told the last time are changing the interest rate can mean a change of several million dollars . . . Kendrick: Yes. Cheek: . . . for the City and make this . . . Kendrick: It sure can. Cheek: . . . an impossible thing to do and we will have lost that money for the citizens. I can't think of what these groups could say or what we might ask them that would provide additional information to what we've been given. They're all major national corporations. I think that every major national corporation now has a significant number of minorities working with it and have affirmative action policies. They are all very well rated companies. They've given very sound proposals that the financial team has invited. I can't see how in substance, although I understand the spirit of Mr. Kendrick's motion, that given what we could lose for the citizens not to go ahead and take action tonight would be . . . I think it's a really risky thing to do and I think we need to be conservative about trying to get a good financial deal. After all, that's why we're doing this in the first place, so I would urge for us to go ahead and make our decision tonight. Dawkins: All right, let me go to Mr. Kendrick. Kendrick: I agree with you wholeheartedly, okay, but when we go into group discussions and we start asking specific questions from one legal counsel to another regardless if it was this specific thing. But it would be like having Westco here defending their bid and not allowing GE or Motorola, you know whatever company. I think that's where the problem comes in. I think then the people are not allowed to make . . . One group can defend their actions, nobody else can, if that makes sense. So I think maybe the process . . . We need to look at our process as a Council maybe a little bit closer of what we're doing. But if one group can make their stance, then another group should make their's and be afforded the same opportunity. That's my opinion to it. Blackwell: Mr. Mayor, do you know when the Local Government Commission meets again? Dawkins: I'm not sure of the next meeting of the Local Government Commission. Smith: When's the next meeting of the Local Government Commission? Carter: First Tuesday in every month. Dawkins: First Tuesday, that's right, first Tuesday in every month. Kendrick: I made the motion even though it's more than likely going to get beat, but we need to make sure that when people are heard, that they are allowed the opportunity, and everybody can be heard. Dawkins: Well, Mr. Robertson brought out we saved 700 and some thousand interest rating. Of course, in New York he said it was dropping today, so I don't . . . Cheek: Mr. Mayor, that is a bad number. The interest rate would be the same no matter. We're still on the same timetable. Kendrick: That's right. Cheek: We haven't saved anything. Sorry, but . . . Dawkins: No, the interest . . . Well, this is a brief synopsis. You pay for a service and many times it's according to what they can get you. That's a bigger amount of money Suzan than most of the time what you pay them. Cheek: Yes, I realize that Mr. Mayor. But we're still on the same timetable and we're trying to get the best service . . . Dawkins: I know. I'm just saying that past history the last few weeks, if we kept going. I'm not suggesting that, then we'd be better off by waiting. Anyway, the motion on the floor is to take action on this, to hear from folks, and take action on this at our next meeting. Kendrick: Yes. And I vote for my vote motion. Dawkins: Okay. All right. That is defeated by 6 to 2 with Dr. Cheek, Mr. Massey, Mr. Robertson, Mayor Pro-Tem Blackwell, Mr. McBryde, and Mr. Torrey voting in opposition. Okay. Now we'll go back to the original motion. Have any discussion or we'll vote on that, which is to forward it to . . . Let me understand. Someone made a statement while ago. Robinson Humphrey Company, Inc.--where's Mr. Nelson--is a wholly subsidiary of Smith Barney Shearson? Smith: Smith Barney Shearson is the local office. Dawkins: Sir? Smith: The representative . . . I think the local office would be Smith Barney Shearson. Is that correct Doug? Dawkins: Okay. All right. Okay, is there any discussion on Mr. Robertson's motion that we award it to the second lowest bidder, which is Robinson Humphrey Company connected with Smith Barney Shearson? Any discussion on that? Okay, I'll ask . . . Yes. Blackwell: Maybe Mr. Cogswell needs to come up. Give us your opinion Mr. Cogswell. Cogswell: I had been advised by Mr. Nelson, as well as the consultant here, that there were no statements made to any of these individuals as to what the basis for the award would be. Had those representations been made, then I might be concerned. But since there was no representation made to them that the award would be based on day to day, just give us your best deal. I don't think you're bound by the low bid if that's your question. Dawkins: That's a legal opinion? Cogswell: Yes sir, I don't know what they sent out and I'm just basically talking about a two-second conversation here, but they told me that there were no affirmations made to them. For example, some times in a bid you say the bid award will be made upon the following, none of that was done in this case according to Mr. Nelson. You don't have to go with the lowest bidder, but [inaudible]. Dawkins: All right, does . . . Cogswell: But now, beyond that I can't answer any of your questions because I wasn't involved in the process. Dawkins: Is there anything else that the consultant, Mr. Nelson, or Mr. Smith, anyone want to say? __________: No sir. __________: No sir. Dawkins: All right, I think we've heard from Mr. Smith. I hope we heard him clear. Okay, any other discussion? All right. I'll ask for your vote, of course Mr. Bolton is abstaining. The vote is 6 to 2, Dr. Cheek and Mr. McBryde voting in opposition. Kendrick: Excuse me, Mr. Mayor. Dawkins: Yes. McBryde: He mashed the wrong button. Kendrick: I mashed the wrong button. Please do a recount. Dawkins: Okay, because a simple majority would pass this. Kendrick: Yes, [inaudible] simple majority but . . . Dawkins: All right, I'll ask . . . McBryde: He wants it to be on the record. Dawkins: All right. Mr. Kendrick asks that we vote again. So the vote will be 5 to 3, Dr. Cheek, Mr. McBryde, and Mr. Kendrick voting against. The resolution title is as follows: RESOLUTION AUTHORIZING THE FILING WITH THE LOCAL GOVERNMENT COMMISSION OF AN APPLICATION FOR THE APPROVAL OF THE ISSUANCE OF NOT EXCEEDING $62,000,000 PWC REVENUE REFUNDING BONDS SERIES 1993 AND REQUESTING THE LOCAL GOVERNMENT COMMISSION TO APPROVE THE FINANCING TEAM IN CONNECTION WITH SAID FINANCING. RESOLUTION #R1993-062. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. 7. Discussion of proposed parking project on Person Street (If approved under Item 1.A.)(Appearing: Horace Thompson, President, Board of Directors, of Olde Fayetteville Association) Mr. Horace Thompson appeared before Council stating this is not for the Olde Fayetteville Association but for Fayetteville's Downtown because of the declining tax base values. The association has been informed that people will do more to upgrade their buildings if there was adequate parking. Olde Fayetteville Association is requesting that Council approve negotiation of the lease subject to any changes they feel is necessary for the proposed parking project on Person Street. Councilmember Cheek moved to authorize the negotiation of the lease with the addition that we include some urban design treatment on the Person Street front, seconded by Councilmember Kendrick. Councilmember Robertson stated he felt that the County should be asked to participate since it will benefit their parking problem at the courthouse. Mayor Dawkins called for a vote and the motion carried 8 to 1 with Councilmember Robertson voting in opposition. 8. Consideration of adoption of resolution approving the special assessment of property within the City limits of the City of Fayetteville for Cumberland County's McFayden Lake Dam Restoration Project. City Manager Smith presented this item stating that Cumberland County needs this resolution in order to access the property owners at the McFayden Lake Dam area because it is in the City. However, there will not be a cost to the City or the County because it is a 100% assessment. Also, this could be a model for the City to look at in the future. RESOLUTION APPROVING THE SPECIAL ASSESSMENT OF PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF FAYETTEVILLE FOR CUMBERLAND COUNTY'S MCFAYDEN LAKE DAM RESTORATION PROJECT. RESOLUTION #R1993-063. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. 9. Consideration of resolutions of the City Council of the City of Fayetteville pursuant to N.C.G.S. 160A-31(c) (Petition-Initiated Contiguous Annexation Areas - Five Properties Owned by Cumberland County School Board) A. College Lakes Elementary School - 4963 Rosehill Road. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE SUFFICIENCY OF ANNEXATION PETITION AND SETTING PUBLIC HEARING (SEPTEMBER 20). RESOLUTION #R1993-064. B. Long Hill Elementary School - 6546 Ramsey Street. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE SUFFICIENCY OF ANNEXATION PETITION AND SETTING PUBLIC HEARING (SEPTEMBER 20). RESOLUTION #R1993-065. C. Montclair Elementary School - 555 Glensford Drive. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE SUFFICIENCY OF ANNEXATION PETITION AND SETTING PUBLIC HEARING (SEPTEMBER 20). RESOLUTION #R1993-066. D. School Board Administration Office Area - U.S.301 (Eastern Boulevard) at East Mountain Drive. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE SUFFICIENCY OF ANNEXATION PETITION AND SETTING PUBLIC HEARING (SEPTEMBER 20). RESOLUTION #R1993-067. E. School Board East Mountain Drive Property - East Mountain Drive at Mellwood Drive.(The addition of street right-of-way makes this property contiguous) RESOLUTION DIRECTING THE CLERK TO INVESTIGATE SUFFICIENCY OF ANNEXATION PETITION AND SETTING PUBLIC HEARING (SEPTEMBER 20). RESOLUTION #R1993-068. Councilmember Kendrick moved to adopt resolutions for Items A through E, seconded by Councilmember McBryde and carried unanimously. A copy of the foregoing resolutions are on file in the Clerk's office in Resolution Book #R1993. 10. Consideration of award of contract for purchase of various playground equipment. This item was presented by City Manager John Smith with a recommendation to award purchase contracts as follows: Miracle Recreation Equipment, Item 1, $32,880; Iron Mountain Forge, Item 2, $22,108.40, Cunningham Associates, Inc., Item 2, $17,191.96. It is also recommended to waive the requirement of performance bonds for these contracts. Bid tabulation sheet is attached to and made a part of these minutes. Councilmember McBryde moved to award the contracts as recommended, seconded by Councilmember Massey and carried unanimously. 11. Consideration of the establishment of a joint Action Committee to plan implementation of a County-wide transit system. This item was presented in the packet by the City Manager with a request to authorize the Mayor to appoint two City representatives to this Committee. Councilmember Cheek moved to follow the recommendation, seconded by Councilmember Bolton and carried unanimously. City Manager Smith informed Council that the County is taking this to their next meeting. 12. Consideration of proposed amendment to Chapter 21, Offenses and Miscellaneous Provisions. This item was presented in the agenda packet by the City Attorney with a recommendation for adoption of the ordinance. AN ORDINANCE AMENDING VARIOUS PROVISIONS OF CHAPTER 21, OFFENSES AND MISCELLANEOUS PROVISIONS (NOISE). ORDINANCE #S1993-014. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick. Councilmember Torrey requested that motorcycle engine noises be added to this ordinance. City Attorney Cogswell responded that this amendment deals mainly with noise from radios and speakers. He said he would draft an amendment to cover Mr. Torrey's request to bring back to Council. Mayor Dawkins called for a vote on the motion and it carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1993. 13. Consideration of resolution regarding location of Cumberland County Department of Social Services. This item was presented in the agenda packet by City Manager Smith with a recommendation for adoption of the resolution. RESOLUTION. RESOLUTION #R1993-069. Councilmember Cheek moved to adopt the foregoing resolution with an addition to the first line to show "headquarters building" of the Cumberland County Department of Social Services and to add a paragraph that whereas downtown is convenient to a transit center and many other government services needed by social services recipients. Councilmember Kendrick seconded the motion and it carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book #R1993. 14. Consideration of the following basic cable rate regulation matters: A. Authorize City Manager to file FCC Form 328 on behalf of the City. B. Authorize City Manager to negotiate contract with Rice, Williams Associates as consultant for cable rate regulation. Councilmember McBryde moved to approve items A and B, seconded by Councilmember Robertson. City Manager Smith requested that Council amend the motion to include joint contract to include other governmental agencies. Councilmember McBryde and Robertson accepted the amendment. And the vote was unanimous. 15. Report from Buildings and Properties Committee City Manager Smith reported that the Committee is meeting and has had presentations from the architects on the Police Headquarters building and Parks' buildings, and other Parks' projects are moving along. The Committee should be meeting soon for future site selection decision on the Police Station. 16. APPOINTMENTS: A. Nominations to fill two vacancies on Board of Adjustment. There were no nominations. B. Nominations to fill two vacancies on Senior Citizens Advisory Commission. There were no nominations. 17. ADMINISTRATIVE REPORTS: A. Report on zoning sign for sites where rezoning has been petitioned. Councilmember Cheek moved to approve the sign with the change that the green on the sign be changed to red and to order between 5 and 8 signs to get them up as soon as possible. The motion was seconded by Councilmember Robertson and carried unanimously. B. Report of tax refunds less than $100. (See attached list) Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. C. Status report on Ray Avenue Street construction. The report was submitted in the agenda packet. D. Update on status of Robeson Street/Levy Drive traffic signal request. Councilmember Kendrick presented this item and moved to request N.C. DOT to consider this matter as soon as possible, seconded by Councilmember McBryde. Councilmember Cheek requested an amendment to the motion to include Ramsey Street speed limit and stop light near Methodist College. The amendment was accepted and the vote was unanimous. E. Report on Customer Service Response Survey. This report was submitted in the agenda packet. F. Year End Administrative Update. This report was submitted in the agenda packet. There being no further business the meeting was adjourned at 11:55 p.m. upon motion and second. REGULAR MEETING MINUTES SEPTEMBER 20, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS SEPTEMBER 20, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Others Present: Roger L. Stancil, Deputy City Manager Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Louis A. Chalmers, Jr., City Traffic Engineer James D. Martin, PWC Director, Electric Services Kenneth Horne, PWC Purchasing Agent Mick Noland, PWC Director, Water/Sewer Utilities 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 welcomed everyone to the meeting and recognized former Mayor Beth Finch. Reverend Wilson Strickhauser, Person Street United Methodist Church, offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins recognized the fact that City Manager Smith was out of town on a conference and would be represented by Deputy City Manager Stancil. 1. APPROVAL OF AGENDA Councilmember Blackwell requested an executive session for Item 8 for discussion of contract. Councilmember Bolton moved to approve the agenda with the addition of the executive session for Item 8, seconded by Councilmember Torrey and carried unanimously. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Cheek requested to pull Item A for discussion. Councilmember Bolton moved to approve the consent agenda with the exception of Item A. After a second from Councilmember Blackwell, the consent agenda and following items were unanimously approved. A. (PULLED FOR DISCUSSION) B. Approve revisions to Section 20-106 of the Fayetteville City Code: Schedule #8 - Speed Control. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (HALE STREET). ORDINANCE NO. NS1993-058. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. C. Approve revisions to Section 20-106 of the Fayetteville City Code: Schedule #6 - Stop Intersections. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (VARIOUS STREETS). ORDINANCE NO. NS1993-059. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. D. Approve Municipal Agreement for railroad signalization improvements at Blount Street at Aberdeen and Rockfish Railroad. WHEREAS, the Department of Transportation, an agency of the State of North Carolina, pursuant to the provisions of G.S. 136-18(12) proposes to contract with the Federal Highway Administration to obtain Federal-Aid funds for the improvements in the protective devices at certain highway-railway crossings on the Municipal Street System for which the Municipality is responsible; and WHEREAS, the Municipality will reimburse the Department of Transportation for any and all expense incurred in the planning, design and installation of the protective devices incurred by the Department of Transportation, not reimbursed by the Federal Highway Administration; and WHEREAS, in order to carry out the aforesaid projects and to promote the public interest and general welfare of the Municipality, it is necessary for the Municipality to enter into a contract with the Department of Transportation to provide for the installation and maintenance of the protective devices at certain highway-railroad crossings on the Municipal Street System. NOW, THEREFORE, IT IS HEREBY RESOLVED that the Mayor and the Clerk of the Municipality of Fayetteville are hereby formally authorized to enter into a contract with the Department of Transportation to obtain Federal-Aid highway funds necessary to improve the protective devices at the said grade crossing, for the Department of Transportation to perform certain work, and the Mayor and Clerk of the Municipality are hereby empowered to sign and execute the required agreement between the Municipality and the Department of Transportation. E. Approve rejection of all bids received on computer software and hardware. All bids substantially exceed funds available in the amount of $515,000. F. Approve Municipal Agreement between City of Fayetteville and Amtrak for railway station property. WHEREAS, the North Carolina Department of Transportation has included in its 1992 Transportation Improvement Plan enhancement monies for improvements to the Amtrak Railway Station within the Municipality; and, WHEREAS, the Municipality has agreed to assume responsibility for all aspects of said improvements including planning, design and construction of the project subject to the review and approval of the Department and in accordance with state and federal standards; and, WHEREAS, the Department has agreed to reimburse the Municipality eighty percent (80%) of the costs of the project subject to the conditions set forth in this Agreement. NOW, THEREFORE, BE IT RESOLVED that Project P-2904 B and this Agreement are hereby formally approved by the City Council of the Municipality of Fayetteville and that the Mayor and Clerk of this Municipality are hereby empowered to sign and execute the Agreement with the Department of Transportation. G. Adopt demolition ordinances for the following properties: 1. 406 McIver Street (Owner: Lucille Herring, Widow) AN ORDINANCE DEMOLISHING THE STRUCTURE. ORDINANCE NO. NS1993-060. 2. 1013 Ellis Street (Owners: Rufus Washington, Jr. and Sterling G. Brewer) AN ORDINANCE DEMOLISHING THE STRUCTURE. ORDINANCE NO. NS1993-061. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinance Book NS1993. H. Approve bid award for construction of the Tom Starling Road 18" Outfall to Nortec Construction, low bidder. (PWC) Awarded to Nortec Construction Company in the amount of $216,813.72. Bids received were as follows: Nortec Construction Co. (Fayetteville, NC) $216,813.72 Dellinger, Inc. (Monroe, NC) $299,810.60 J. F. Wilkerson Contracting Co., Inc. (Morrisville, NC) $299,926.53 2.A. Approve minutes of regular meeting of September 7, 1993. Councilmember Cheek stated that due to the importance of the discussion on Item 6 of those minutes, she moved to include the verbatim of the item in the minutes so that those points of view can be included. The motion was seconded by Councilmember McBryde and carried unanimously. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on time limits for speakers on public hearings and non-public hearings. A. Consideration of adoption of resolution and order closing the portion of Broadfoot Avenue from Simpson Street to Morgan Street. This item was presented by Deputy City Manager Stancil stating that the street closing was a part of a larger plan of traffic management in this area and since the rest of the plan was put on hold, there is no reason to proceed with the closing of this street. The public hearing was set and advertised and must be held. The recommendation is to not proceed with this closing. Councilmember Kendrick asked if the one resident on that street would have access if this street were to be closed. Traffic Engineer Chalmers responded that she would have access along the easement to Morgan Street. It would change the normal travel pattern for this resident because she would have to use the Morgan Street entrance instead of both ends of the street. The public hearing was opened at 7:15 p.m. and speaking in favor of the street closing was Mark N. Lynch, 311 Valley Road, stating this would be a small step in addressing some of the problems in this area. The only time there is significant traffic on this street is between 10:00 p.m. and 4:00 a.m. It is a narrow dirt street. He said he spoke with the property owners and they also wanted the street closed. There being none further to be heard on this matter, the public hearing was closed at 7:20 p.m. Lois Moses, 1201 Simpson Street, appeared in opposition to the street closing stating that the traffic is not between 10:00 p.m. and 3:00 a.m. because people do not go that way. The elderly lady that lives mid-way of this street will need both entrances and it would be too difficult for sanitation, fire, and police to serve her properly. Ms. Moses asked Council to not close this street and leave it in the overall plan for that area. Following discussion, Councilmember Ross moved to follow staff's recommendation to not close this street, seconded by Councilmember Torrey and carried unanimously. Councilmember Cheek requested a report from the task force at the information meeting on how to get the trash cleaned up from the streets in this area. Mayor Dawkins reminded everyone of the Voice Mail number 306-7606 to help with problems like this. Councilmember Kendrick requested that Public Works Commission check on the lighting on the street since it is a problem area, and bring the lighting up to standards. B. Consideration of four ordinances to extend the corporate limits of the City of Fayetteville, NC. (Petition-Initiated Contiguous Annexation Areas - Four areas requested by the Cumberland County School Board): 1. College Lakes Elementary School - 4963 Rosehill Road. 2. Long Hill Elementary School - 6546 Ramsey Street. 3. Montclair Elementary School - 555 Drive. 4. Combined Area Along East Mountain Drive. (Consisting of two parcels owned by School Board, plus two parcels owned by the State of North Carolina, plus road right-of-way added) Deputy City Manager Stancil gave the annexation report on these four locations with a recommendation to adopt the annexation ordinances. This is the advertised public hearing for this date and time. Councilmember Kendrick asked if these properties have to be contiguous and Mr. Stancil responded that they are contiguous by right-of-way. Councilmember Kendrick asked what effect this annexation would have on our police, fire, and sanitation services. Mr. Stancil responded that this would be a minimal service change because the county facilities provide their own garbage service. The intersection at East Mountain Drive would clear up any doubts as to whose jurisdiction a wreck would be in and the Fire Department would be responding to any major fires at these locations anyway. The public hearing was opened at 7:35 p.m. and there being none to speak in favor or opposition, the public hearing was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE (COLLEGE LAKES ELEMENTARY SCHOOL). ANNEXATION ORDINANCE NO. 93-09-370. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE (LONG HILL ELEMENTARY SCHOOL). ANNEXATION ORDINANCE NO. 93-09-371. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE (MONTCLAIR ELEMENTARY SCHOOL). ANNEXATION ORDINANCE NO. 93-09-372. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE (COUNTY SCHOOL BOARD). ANNEXATION ORDINANCE NO. 93-09-373. Councilmember Kendrick introduced the foregoing ordinances and moved their adoption, seconded by Councilmember Ross and carried unanimously. Copies of the foregoing ordinances are on file in the Clerk's office in Annexation Ordinance Book 1993. 4. Consideration of a resolution of the City Council of the City of Fayetteville adopting four revisions to the electoral district boundaries of the City for the purpose of accounting for territory annexed to the City. A. Annexation 93-9-370 - College Lakes Elementary school. Assignment to District 1. B. Annexation 93-9-371 - Long Hill Elementary School. Assignment to District 1. C. Annexation 93-9-372 - Montclair Elementary School. Assignment to District 6. D. Annexation 93-9-373 - Combined Area Along East Mountain Drive. Assignment to District 2. This item was presented by Deputy City Manager Stancil stating that these areas do not contain any registered voters. The recommendation was to adopt the resolution. A RESOLUTION ADOPTING FOUR REVISIONS TO THE ELECTORIAL DISTRICT BOUNDARIES OF THE CITY FOR THE PURPOSE OF ACCOUNTING FOR TERRITORY ANNEXED TO THE CITY. RESOLUTION NO. R1993-070. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 5. Consideration of request to address City Council from Martha Duell, President, The Lafayette Society, Inc. Mrs. Martha Duell stated that St. Avold is a beautiful town located in the eastern part of France, a few miles east of Metz, the place where Lafayette made his dramatic decision to come to the aid of the struggling colonies to gain their independence from the British, and was a factor in getting Cornwallis to surrender at Yorktown and thus end the war. In 1986, approximately 40 people from and around St. Avold came to Fayetteville and were so impressed that plans were begun to make Fayetteville a sister city. She concluded by saying as we celebrate next year, the 50th Anniversary of the end of World War II, it would be a fitting gesture to grant their request to make St. Avold a sister city with Fayetteville. Harry Shaw, an Officer of the Lafayette Society and past Mayor Pro-Tem of Fayetteville, stated that he has a brother buried in that area and it has a special link for him. There would be no cost to the City for this action. Mrs. Beth Finch, past Mayor of Fayetteville, reiterated the comments of Mrs. Duell and Mr. Shaw. She stated that this could only enhance our positive image of Fayetteville. Councilmember Bolton moved to have a resolution prepared by staff for the next meeting of Council in support of this request, seconded by Councilmember Cheek and carried unanimously. 6. Consideration of offer to purchase City property by Garris Neil Yarborough. (Requesting to appear: Neil Yarborough and Robin Legg of Olde Fayetteville Association.) Deputy City Manager Stancil presented this item stating that Mr. Yarborough had offered the appraised value and Mr. Stancil's recommendation is to set the public hearing for October 4 to consider this offer. Councilmember McBryde moved to set the public hearing for October 4 to consider the offer to purchase this City property. The motion was seconded by Councilmember Kendrick and carried unanimously. 7. Consideration of Lease Agreement between City of Fayetteville and Cassell Properties, Inc., for Person Street parking lot. Deputy City Manager Stancil presented this item with a recommendation that Council authorize the Mayor to execute the lease. Councilmember Cheek moved to approve the lease with the addition of Paragraph 23.9 (Approvals) to better get the lease to reflect our last action concerning the urban design treatment on the Person Street front. The motion was seconded by Councilmember McBryde and carried unanimously. At this time, Mayor Dawkins called for a motion for executive session to consider a contract on Item 8 as approved earlier in the meeting. Councilmember Kendrick moved to enter executive session regarding the contract, seconded by Councilmember Robertson and carried unanimously at 8:00 p.m. Council reconvened into regular session at 8:36 p.m. 8. Consideration of request by Dan MacMillan for change in design team. This item was presented in the agenda packet with a recommendation to either refer it to the Buildings and Property Committee or act on it at this meeting. Councilmember Cheek moved to approve the contract as submitted, seconded by Councilmember Bolton and carried 7 to 2 with Councilmembers Massey and Blackwell in opposition. 9. Consideration of approval of joint use agreements for schools and parks facilities. Deputy City Manager Stancil presented this item stating that the two agreements are for the general use agreement for all facilities and the other is for placement of a recreation center on the College Lakes Elementary School campus. The recommendation is to authorize the Mayor to execute the leases. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Blackwell and carried unanimously. 10. Consideration of bid award for labor and equipment associated with underground cable replacement to Stackhouse, Inc., overall low bidder. (PWC) Bids received on a unit-price basis were as follows: Secondary Tunneling - 30" Stackhouse (Goldsboro, NC) $ 6.25 Utilicon (Smithfield, NC) $ 7.00 Week Construction (Asheboro, NC) $ 8.00 Line Construction (Sanford, NC) $ 9.50 Floyd S. Pike (Mt. Airy, NC) $13.00 Primary Tunneling - 48" Stackhouse $ 6.25 Utilicon $ 7.25 Weeks Construction $ 8.50 Line Construction $11.50 Floyd S. Pike $16.00 Conductor Installation - All Secondary Sizes Stackhouse $ .25 Floyd S. Pike $ .25 Weeks Construction $ .32 Utilicon $ .35 Line Construction $ .45 Conductor Installation or 1/0 AWG, 15 KV Primary Single- Vee- Three- Phase Phase Phase Stackhouse $ .25 $ .50 $3.75 Utilicon $ .30 $ .45 $ .65 Floyd S. Pike $ .30 $ .60 $ .90 Weeks Construction $ .32 $ .65 $1.20 Line Construction $ .40 $ .75 $1.15 Conductor Installation 750MCM, 25KV Primary Three- Phase Utilicon $1.45 Floyd S. Pike $1.85 Line Construction $3.50 Weeks Construction $4.80 Stackhouse $5.75 11. Consideration of adoption of a resolution stating the intent of the City of Fayetteville, N.C., to consider annexation of the area described herein and fixing the date of public hearing on the question of annexation. A. Area 200 - Consisting of the following subdivisions: Devonwood, Lake Shores, Murray Fork, The Lakes, Foxfire, Yadkin Acres, Lake Valley.(Recommended public hearing date is November 22, 1993) This item was presented in the agenda packet with a recommendation for adoption of the resolution setting the public hearing. A RESOLUTION STATING THE INTENT OF THE CITY TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (NOVEMBER 22, 1993). RESOLUTION NO. R1993-071. Councilmember Robertson introduced the foregoing resolution and moved its adoption, seconded by Councilmember Blackwell and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. Councilmember Cheek requested that the neighborhood meetings be set as soon as possible and that Council be given a brief overview at their October information meeting as to what would be said at these neighborhood meetings. 12. Consideration of adoption of Annexation Report for Area 200. This item was presented to Council in the agenda packet by Deputy City Manager Stancil with a recommendation for adoption. Councilmember Bolton moved to adopt the annexation report for Area 200 as requested, seconded by Councilmember Kendrick and carried unanimously. 13. Consideration of request from Appearance Commission to change policy regarding attendance. This item was presented by Deputy City Manager Stancil with a recommendation to refer this to the Policy Committee. Following discussion by Councilmembers concerning excused and unexcused absences and the 50 percent attendance rule, Councilmember Bolton moved to refer this item to the Policy Committee to include all of the boards and commissions, seconded by Councilmember Kendrick. Councilmember McBryde offered a friendly amendment to include all of the concerns mentioned during discussion. The amendment was accepted and the motion carried unanimously. 14. Consideration of an ordinance amending Section 21-30.4, Specific Prohibitions, of the Code of Ordinances of the City of Fayetteville. This item was presented by City Attorney Cogswell with a recommendation for adoption of the ordinance. AN ORDINANCE AMENDING SECTION 21-30.4, SPECIFIC PROHIBITIONS (NOISE). ORDINANCE NO. S1993-015. Councilmember Robertson introduced the foregoing ordinance and moved its adoption with the changes in Section (q) to show from "300" yards of a dwelling unit to "100" yards and to change the word "County" to "City" throughout the ordinance. The motion was seconded by Councilmember Cheek and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1993. 15. Presentation of report on Glenville Lake. M. J. Noland, PWC Director of Water Resources, presented a formal report and detailed work plan through slides of the construction activities involving Glenville Lake. This included the plans for relocating the fish. 16. Consideration of request from Councilmember Kendrick to discuss containerization of yard trash. Councilmember Kendrick stated he was bringing this matter up again because it is almost time for the leaf season. Deputy City Manager Stancil responded that they were trying to wait until after leaf season to come to a decision on this. Leaf season is usually between November 1 and February. He said they could look at the operational methods and report back to Council at the next regular meeting. 17. Consideration of designation of voting and alternate delegate for National League of Cities Conference, December 2-5, Orlando, Florida. Councilmember Bolton nominated Mayor Dawkins as the delegate and Councilmember Massey as the alternate. The motion was seconded by Councilmember Kendrick and carried unanimously. 18. Consideration of cancellation of October 18, 1993, Regular Meeting due to NCLM Convention. Councilmember Kendrick moved to cancel the regular meeting due to the NCLM convention, seconded by Councilmember Bolton and carried unanimously. 19. APPOINTMENTS: A. Nominations to fill two vacancies on Board of Adjustment. Councilmember McBryde nominated Roy S. Massengill and Councilmember Bolton nominated John Franklin Johnson to fill the two vacancies for a three-year term to July 31, 1996. B. Nominations to fill two vacancies on Senior Citizens Advisory Commission. Councilmember Blackwell nominated Clyde Brown to fill one of the two vacancies for a two-year term to September 30, 1995. 20. ADMINISTRATIVE REPORTS: A. Statement of taxes collected for month of August, 1993, from the Cumberland County Tax Collector The statement of the taxes collected for the month of August was accepted by Council in the total collections of $669,821.35. B. Report on lighting at I-95 Interchange. There was some brief discussion on this item and Councilmember Robertson asked staff to return a concrete plan by November 1 to accomplish this lighting at I-95 Interchange. C. Update on Street Lighting Program. This update was submitted in the agenda packet. D. Update on Street Standards. Councilmember Cheek moved to refer this subject to the Streets and Roads Committee to hopefully come up with curb designs that were acceptable to the state's standards. The motion was seconded by Councilmember Bolton and carried unanimously. At this time, Councilmember Blackwell asked about the progress on having TV coverage of Council meetings. Jason Brady reported he has contacted Channel 62 and will be contacting Channel 40 again. There being no further business, the meeting was adjourned upon motion and second at 9:20 p.m. INFORMATION MEETING MINUTES MONDAY, SEPTEMBER 27, 1993 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, SEPTEMBER 27, 1993 7:00 p.m. Present: Mayor J. L. Dawkins Councilmembers Milo McBryde, Nat Robertson, Tommy Bolton, Robert A. Massey, Jr., Ida Ross, J. Breeden Blackwell, Thelbert Torrey, Suzan Cheek, Mark Kendrick Others Present : John P. Smith, City Manager; Roger L. Stancil, Deputy City Manager; Robert C. Cogswell, Jr., City Attorney Mayor Dawkins called the meeting to order and recognized Mayor Pro-Tem Breeden Blackwell for the invocation. Following the invocation, Mayor Dawkins led the audience in the Pledge of Allegiance to the American Flag. City Manager John Smith requested an executive session to discuss the expansion of industry. Councilmember Kendrick asked that an Item 8 be added to the agenda for Councilmembers to fill out the survey requested by the Chamber of Commerce. Upon motion by Councilmember McBryde, seconded by Councilmember Cheek, Council voted unanimously to approve the agenda with the requested changes. Upon motion by Councilmember Cheek, seconded by Councilmember Massey, Council voted to excuse Councilmember Bolton from the meeting until his expected late arrival. Councilmember Bolton arrived at 7:25 p.m. Mayor Dawkins recognized City Manager John Smith for a report on the implementation of recommendations from the Mayor's Task Force on Drugs. This presentation was made by City Manager John Smith, Park Superintendent Jeff Rainwater and Chief of Police Ron Hansen. Councilmember Kendrick asked the staff to investigate the possibility of printing the names of drug buyers in the local newspaper. Mayor Dawkins announced the appointment of his Council of Neighborhood Watches to continue working with the Police Department in attacking the problem of violent crime and drugs. Mayor Dawkins then recognized Janice Gerald, Director of Community Development for a report from the Task Force for Affordable Housing. Upon completion of the report, Council asked staff to return with an analysis of the impact of this report. Council next considered the following Airport matters: a. Accept grant offer from FAA for AAIP-14 b. Award contract for construction of Airfield Signage Project to Jaco Electric, low bidder c. Approve purchase of two parcels of property near the Fayetteville Regional Airport These items were recommended by the Fayetteville Airport Commission. Upon motion by Councilmember Robertson, seconded by Councilmember Bolton, Council voted unanimously to approve all three items. Mayor Dawkins then recognized Martha Duell for a presentation on a resolution for engaging in a sister city relationship with St. Avold, France. Upon motion by Councilmember Kendrick, seconded by Councilmember Bolton, Council voted unanimously to adopt a resolution endorsing the sister city relationship requested. Council next considered appointments to boards and commissions. Upon motion by Councilmember McBryde, seconded by Councilmember Bolton, Council voted unanimously to elect Roy S. Massengill and John Franklin Johnson to vacancies on the Board of Adjustment. Councilmember Ross then nominated Eloise Lindsey to fill one of two vacancies on the Senior Citizens Advisory Commission. Based on Council Policy, Council deferred action on electing Ms. Lindsey until the next regular meeting. Upon motion by Councilmember Blackwell, seconded by Councilmember Robertson, Council voted unanimously to elect Clyde Brown to a vacancy on the Senior Citizens Advisory Commission. Upon motion by Councilmember Kendrick, seconded by Councilmember Bolton, Council voted unanimously to convene into executive session for the purpose of discussing the expansion of industry. Council returned to regular session at 9:30 p.m. Upon motion by Councilmember Robertson, seconded by Councilmember Bolton, Council voted unanimously to excuse Mayor Dawkins from the October 4 regular meeting. There being no further business, Council adjourned at 9:35 p.m. REGULAR MEETING MINUTES OCTOBER 4, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET OCTOBER 4, 1993 7:00 P.M. Present: Councilmember Milo McBryde, (at-large) Presiding Officer Councilmembers Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Members Absent: Mayor J. L. Dawkins and Councilmember J. Breeden Blackwell, (at-large) - excused Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Al McKenzie, Personnel Director Kai Nelson, Finance Director Walter J. Haire, Jr., Housing Inspector Al Mitchell, Assistant Planning Director Ray Britt, PWC Director of Finance Services Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) At this time, Councilmember McBryde stated that in the absence of the Mayor and Mayor Pro-Tem Blackwell, Council would need to elect a presiding officer. Councilmember Bolton moved for Councilmember McBryde to serve as presiding officer, seconded by Councilmember Cheek and carried unanimously. INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Reverend Garland Pierce, President of Downtown Outreach Center, followed by the Pledge of Allegiance to the American Flag being led by Councilmember McBryde. RECOGNITION: Mayor Derryl Garner of Newport, President of the North Carolina League of Municipalities Mayor Garner, President, NCLM, introduced Dave Reynolds, Executive Director of NCLM, and stated he was looking forward to the convention that is to be held in Fayetteville in two weeks. Mr. Garner referred to the bond referendum that will be on the November 2nd election ballots, stating he was particularly concerned about the importance of the water and sewer portion. This allows monies to be available to local municipalities for use in clean water mandates. He asked Councilmembers to consider this and to contact other influential people in our area for support of this bond referendum. Mr. Reynolds thanked Fayetteville for the support of the City Staff and everyone else that has worked so hard on the convention preparations. He remarked that the preregistration is larger than last year's preregistration at Greensboro. Mr. Reynolds gave hand-outs to Council concerning the bond referendum and encouraged them to spread the word. He stressed how important it is to Fayetteville in addition to other municipalities in the state. It represents an investment in the future of North Carolina. 1. APPROVAL OF AGENDA City Manager Smith stated that the recommended action of Item 2M should be to set a public hearing for November 1, rather than adopt. On Item 9A, he has distributed an amended resolution with substitute language and on 9B, the resolution is to include a technical amendment. Councilmember Cheek requested to add Item 12C to have staff put together an information packet for public education on how these bonds would affect Fayetteville and Cumberland County. Councilmember Kendrick moved to approve the agenda with the changes and additions, seconded by Councilmember Cheek and carried unanimously 8 to 0 with Councilmember Blackwell absent. Councilmember Bolton moved to excuse Mayor Pro-Tem Blackwell due to his wife's automobile accident, seconded by Councilmember Ross and carried unanimously 8 to 0 with Councilmember Blackwell absent. Councilmember Bolton requested to abstain again from discussion and voting on Item 9. Councilmember Cheek moved to excuse Councilmember Bolton from discussion and voting on Item 9 as requested, seconded by Councilmember Massey and carried unanimously 8 to 0 with Councilmember Blackwell absent. 2. CONSENT: Councilmember McBryde presented the consent agenda and asked if any items should be removed before calling for action. City Manager Smith requested to pull Item L for discussion and commented that Item A would contain the verbatim of Item 6 in the minutes as motioned at the last meeting. Councilmember Ross requested to pull Item G for discussion. Councilmember Robertson moved to approve the consent agenda with the exception of Items G and L. After a second from Councilmember Bolton, the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of September 7, 1993. B. Approve minutes of regular meeting of September 20, 1993. C. Adopt resolution authorizing condemnation of the following parcels for Dallas Street Paving Project: 1. Parcel 4 RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION #R1993-072. 2. Parcel 6 RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION #R1993-073. 3. Parcel 7 RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION #R1993-074. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1993. D. Approve Municipal Agreement with NC DOT for enhancements of the Fayetteville Signal System. WHEREAS, the City of Fayetteville and the North Carolina Department of Transportation propose to make certain software modifications and add graphic work stations to the existing UTCS Traffic Signal System in Fayetteville under project U-2006A; and, WHEREAS, both parties to said project, as specified in this Agreement, have agreed that the Department of Transportation shall administer the contract for said project; and, WHEREAS, the Municipality shall reimburse the Department for twenty-five percent (25%) of all project cost of said project and shall be responsible for one hundred percent (100%) of the cost of all work deemed not necessary for the operation of the signal system. WHEREAS, the Department shall reimburse the Municipality seventy-five percent (75%) of the actual engineering labor costs incurred by the Municipality which is considered on allowable project cost. NOW, THEREFORE, BE IT RESOLVED that Project U-2006A, Cumberland County, is hereby formally approved by the City Council of the Municipality of Fayetteville and that the Mayor and Clerk of this Municipality are hereby empowered to sign and execute the Agreement between the City of Fayetteville and the Department of Transportation. E. Approve Municipal Agreement with NC DOT for CBD Loop Utility Relocation. WHEREAS, the North Carolina Department of Transportation has prepared and adopted plans for the construction of the CBD Loop from 100" south of SR 1141 (Southern Avenue) to SR 1007 (Wilkes Road); and, WHEREAS, said Department of Transportation and the Municipality of Fayetteville propose to enter into an agreement whereby said Department will include in its construction contract provisions to relocate and adjust certain municipally-owned water and sewer lines located along the project; and, WHEREAS, the Municipality agrees to reimburse the Department of Transportation for the cost of said work with reimbursement to be made in a lump-sum amount upon completion of the work. NOW, THEREFORE, BE IT RESOLVED that Project U-0508 CA, Cumberland County, is hereby formally approved by the City Council of the Municipality of Fayetteville and that the Mayor and Clerk of this Municipality are hereby empowered to sign and execute the Agreement with the Department of Transportation. F. Set public hearing for November 1, 1993, to consider speed limit changes for Green Valley Road/Gleneagles Court. G. (Pulled for discussion.) H. Approve transfer of taxicab franchises as recommended by the Taxicab Review Board. Transfer of one franchise of Public Convenience and Necessity from Mark Marshall, Marshall Cab Company to Angel S. Rizo, Angel Cab Company. I. Approve tax refunds over $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. J. Approve bid award for purchase of three 2500 kVa Power Transformers to WESCO, low bidder. (PWC in the amount of $102,492.00) Bids received were as follows: WESCO (Raleigh, NC) $102,492.00 Scott-Parish (Raleigh, NC) $121,033.77 Eastern Electric (Raleigh, NC) $121,080.00 Rigby Electric (Rocky Mount, NC) $169,785.00 K. Set public hearing for November 1, 1993, to consider an application by Lory Williams for a Special Use Permit as provided for by Article IV, Section 32.24(3) to operate a nursing home in an R6 Residential District for an area located at 400 Pelt Drive. (P93-103) L. (Pulled for discussion.) M. Set public hearing for November 1, 1993, for adoption of ordinance amending Chapter 12A of the Fayetteville City Code, "Flood Damage Prevention". N. Approve the following Finance matters: 1. Adopt Special Revenue Fund Project Ordinance 94-3. This ordinance appropriates proceeds awarded to Community Development in the amount of $447,000.00 by the US Department of Housing and Urban Development (HUD). HUD requires a City local match in the amount of $47,494.00. These funds will be used to fund the HOME Investment Partnership Program for FY93-94. 2. Adopt Special Revenue Fund Project Ordinance Amendment Change 94-3 (SRO 92-5) This appropriates proceeds awarded to the Police Department in the amount of $52,394.00 by the NC Department of Crime Control and Public Safety for the second year of the Safe Streets Now! program. A local match from the City in the amount of $17,465.00 is required. The local match is funded through City Council's Drug Task Force appropriation. 3. Adopt Special Revenue Fund Project Ordinance 94-4. This appropriates proceeds awarded to Community Development in the amount of $1,174,000.00 by the US Department of Housing and Urban Development. O. Approve resolution authorizing condemnation to acquire certain property for sanitary sewer installation. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF ANNIE B. MCRAE. RESOLUTION #R1993-075. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 2G. Adopt demolition ordinance for property located at 434 Wilmington Road. (Owner: Creative Builders of Fayetteville, Inc.) Councilmember Ross asked Building Inspector Haire if the apartment that had been completed would also be torn down. He responded that it would; but, that it was not completed. He said that there had been more work completed on the inside of that building than the other building, but it was still incomplete. Mr. Haire gave Ms. Ross a brief history of the two buildings, and stated they were not 50 percent completed. Mr. Smith added that the hearing was held before the Inspections Superintendent and the property owner did not appear. Councilmember Ross was concerned about the buildings being torn down when Habitat may be able to use them. She moved to adopt the ordinance and to contact Habitat to see if they are interested before tearing houses down. Councilmember Torrey seconded the motion and it carried unanimously 8 to 0 with Councilmember Blackwell absent. AN ORDINANCE TO DEMOLISH THE STRUCTURES AT 434 WILMINGTON ROAD (OWNER: CREATIVE BUILDERS OF FAYETTEVILLE INC.). ORDINANCE #NS1993-062. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. 2L. Authorize advertisement of lease agreement for transfer station property. City Manager Smith stated this lease agreement has been going back and forth and he recommends that Council authorize staff to request proposals set at $4,000.00 per month as a minimum and to receive sealed bids. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Blackwell absent. 3. PUBLIC HEARING: Councilmember McBryde read the policy on the time limit for speakers on public hearings and nonpublic hearings. A. Consideration of adoption of resolution confirming the sale of property to Garris Neil Yarborough pursuant to N.C.G.S. 158-7.1(d). City Attorney Cogswell presented this item stating that Cecil Carlisle has appraised this property at fair market value of $33,500.00 without strings attached. And failure to comply with any of the conditions shall result in a reversion of the property to the City. The bid received is for that amount with all of the conditions. The recommendation was for adoption of the resolution. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:40 p.m. and speaking in favor of the request was Bill Jenkins, President of Major Appliance, on Gillespie Street, residence 605 Westmont Drive; Horace Thompson, President of Olde Fayetteville Association; Bob Schuller, Schuller & Associates, Architect on Broadfoot Avenue, residence 1902 Windover Drive; and Gus Webber, Minority In Business, 114½ Anderson Street. They all stated this project would enhance and improve the environment of the downtown area. Neil Yarborough, 110 Ellerslie Drive, stated he is offering to pay the City's appraised amount with work hopefully beginning in the early spring. Mr. Yarborough said that as opposed to being an absolute reverter clause in the deed, there would be a provision for the City to sue for specific performance in the event he defaults on a provision. Mr. Cogswell responded that the wording could be amended in the last paragraph of the resolution to cover the condition Mr. Yarborough mentioned. There being none further to be heard on this matter, the public hearing was closed at 7:45 p.m. A RESOLUTION CONFIRMING THE SALE OF PROPERTY TO GARRIS NEIL YARBOROUGH #R1993-076. Councilmember Kendrick moved to adopt the foregoing resolution with the amendment to the last paragraph, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Blackwell absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book #R1993. 4. Consideration of a resolution stating the intent of the City of Fayetteville, NC, to consider annexation of the area described herein and fixing the date of public hearing on the question of annexation. A. Area 204 - Bullard Furniture Site - 4901 Morganton Road. (Recommend Public Hearing Date is November 22, 1993.) This item was presented in the agenda packet by Deputy City Manager Stancil with a recommendation to adopt the resolution of intent and setting public hearing for November 2, 1993. A RESOLUTION STATING THE INTENT OF THE CITY TO CONSIDER ANNEXATION OF AREA 204 (BULLARD FURNITURE SITE, 4901 MORGANTON ROAD) #R1993-077. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Torrey and carried unanimously 8 to 0 with Councilmember Blackwell absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book #R1993. 5. Consideration of adoption of Annexation Report for Area 204. This item was presented in the agenda packet for Council's review by Deputy City Manager Stancil with a recommendation for adoption of the report. Councilmember Cheek moved to follow the recommendation and adopt the annexation report for area 204, seconded by Councilmember Robertson and carried unanimously 8 to 0 with Councilmember Blackwell absent. 6. Consideration of Lease Agreement between City of Fayetteville and Watson Caviness for space in the Cape Fear - Yadkin Valley Depot building. This item was presented by Deputy City Manager Stancil with a recommendation to advertise the lease agreement. Councilmember Robertson stated he feels that $450 is low rental for this property and would prefer that it go out for bids or for sale. Mr. Stancil responded that this building had stood vacant for many years and was in a state of disrepair. Mr. Caviness has made costly repairs to the building and the people that have looked at this building never came back with an offer. Councilmember Cheek moved to advertise the lease as recommended, seconded by Councilmember Ross and carried 7 to 1 with Councilmember Robertson voting in opposition and Councilmember Blackwell absent. 7. Consideration of grant application for Police Hiring Supplement Program. This item was presented in the agenda packet by City Manager Smith with a recommendation that Council authorize the City Manager to file the application. Mr. Smith was available for questions. Councilmember Bolton moved to authorize the City Manager to file the grant application for Police Hiring Supplement Program, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Blackwell absent. 8. Consideration of adoption of ordinance authorizing the establishment of smoking regulations in City-owned buildings. This item was presented in the agenda packet by the City Manager with a recommendation for adoption of the ordinance. AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION AND CREATING A NEW ARTICLE VI, PUBLIC BUILDINGS AND VEHICLES. ORDINANCE #S1993-017. Councilmember Ross introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Blackwell absent. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1993. 9. Consideration of adoption of various resolutions regarding PWC bonds: City Manager Smith presented this item stating that a change in the wording on the resolution was made for some technical changes. A recommendation was for adoption of the resolutions. A. Adoption of resolution directing the filing of an application for approval of the issuance of Public Works Commission Revenue refunding Bonds, Series 1993 to provide funds for refunding the City's Public Works Commission Revenue Bonds, Series 1990. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE DIRECTING THE FILING OF AN APPLICATION FOR APPROVAL OF THE ISSUANCE OF PUBLIC WORKS COMMISSION REVENUE REFUNDING BONDS, SERIES 1993 TO PROVIDE FUNDS FOR REFUNDING THE CITY'S PUBLIC WORKS COMMISSION REVENUE BONDS, SERIES 1990. RESOLUTION #R1993-078. Councilmember Robertson moved to adopt the foregoing resolution with the suggested changes, seconded by Councilmember Ross and carried 7 to 0 with Councilmember Bolton abstaining and Councilmember Blackwell absent. B. Adoption of resolution declaring intention to reimburse the Public Works Commission of the City of Fayetteville from the proceeds of a tax-exempt financing for certain expenditures to be made in connection with the acquisition, construction and/or equipping of certain capital improvements. City Manager Smith presented this request for adoption of the resolution stating that this resolution is to include the underwriter's co-counsel of Hunton & Williams and Smith, Debnam, Hibbert & Pahl. RESOLUTION AMENDING THE SELECTION OF THE FINANCING TEAM IN CONNECTION WITH THE ISSUANCE OF NOT EXCEEDING $75,000,000.00 PUBLIC WORKS COMMISSION REVENUE REFUNDING BONDS, SERIES 1993. RESOLUTION #R1993-079. Councilmember Robertson moved to adopt the foregoing resolution, seconded by Councilmember Torrey and carried unanimously 7 to 0 with Councilmember Bolton abstaining and Councilmember Blackwell absent. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1993. 10. Consideration of designation of voting and alternate delegate for NC League of Municipalities Convention, October 17-19, 1993. Councilmember Ross nominated Councilmember McBryde as the voting delegate and Councilmember Cheek nominated Mayor Dawkins as the alternate. Councilmember McBryde requested that his name be withdrawn as voting delegate in order for the Mayor to be the voting delegate. Councilmember Kendrick offered substitute motion that the Mayor be the voting delegate and Councilmember McBryde be the alternate, seconded by Councilmember Robertson and carried unanimously 8 to 0 with Councilmember Blackwell absent. 11. APPOINTMENTS: A. Nominations to fill four vacancies on Historic Resources Commission. Councilmember Robertson nominated Henry Player and Jon Young to serve second terms and for Katie Forshee to serve a first full term. Councilmember Cheek nominated Ron Babin as suggested by the Historic Resources Commission. B. Nominations to fill eight vacancies on Parks and Recreation Advisory Commission. Councilmember Robertson nominated Dorothy Fielder. Councilmember Robertson nominated Isaiah Walker, Sr., for a second term. Councilmember Massey nominated Annie Chavis for a second term. Councilmember Bolton nominated Malcolm Fields for a second term and Mike Moore for a first term. C. Nominations to fill one vacancy on Wrecker Review Board. Councilmember Kendrick nominated Bill Mauldin for a second term. D. Nominations to fill one vacancy on Senior Citizens Advisory Commission. Councilmember Ross moved to elect Mrs. Eloise Lindsey by acclamation for a two-year term to September 30, 1995. The motion carried unanimously 8 to 0 with Councilmember Blackwell absent. 12. ADMINISTRATIVE REPORTS: A. Report on picking up bags during garbage pickup. City Manager Smith stated that the containerized yard trash will now be picked up without waiting for the leaf truck. B. Report of tax refunds less than $100. Taxpayer's Nature of Property Name Clerical Error Description Amount Jones Electric, Per audit overstated Business $38.99 Inc. mach & equipment Personal figures, adjusted Property values. C. Request of Councilmember Cheek concerning bond referendum issue. Councilmember Cheek stated she felt it was very important to have staff put together an information packet for public education on how these bonds would affect Fayetteville and Cumberland County. At this time Councilmember Cheek referred to an item in the information packet concerning the mini warehouse zone. She moved to submit this item to the Inspections staff and Planning staff for work on evaluating whether the mini warehouse zone should stay as a permitted use in C1P, if not then refer it back to the Planning Board. The motion was seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Blackwell absent. Councilmember Massey referred to the information item concerning a request from E. E. Smith High School T.E.A.M. (Together Everyone Achieves More). Mr. Massey wanted to make sure someone was working with Mrs. Fielder on this project. Mr. Smith responded that we do share their interest and will try to work together with them on the Langdon Street Wall Project. There being no further business, the meeting was adjourned at 8:30 p.m. upon motion and second. REGULAR INFORMATION MEETING OCTOBER 25, 1993 FAYETTEVILLE CITY COUNCIL REGULAR INFORMATION MEETING CITY HALL COUNCIL CHAMBER 433 HAY STREET OCTOBER 25, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan 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 for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Mike Walker, City Engineer Ronald Hansen, Chief of Police Pete Piner, Fire Chief Robert Barefoot, Parks and Recreation Director George Vaughan, Planning Director Al Mitchell, Assistant Planning Director Will Denning, Planner III Tim Wood, PWC Manager Tom McNeill, PWC Property Acquisition Supervisor 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 on Assistant City Manager Ben Brown to offer the invocation, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins acknowledged the improvement of Kathy Blackwell's injuries from her auto accident the night of the last Council meeting. Mayor Pro-Tem Blackwell stated he was able to take her home from the hospital today. Mayor Dawkins praised the City employees, staff, and all other workers for making the convention for the North Carolina League of Municipalities (NCML) such a huge success. He said he was told that Fayetteville has set the standards by which all other conventions will have to follow. 1. APPROVAL OF AGENDA Councilmember Robertson moved to approve the agenda as submitted, seconded by Councilmember Massey and carried unanimously by voice vote. Councilmember Bolton requested to abstain from Item 5 as in the past. Councilmember Robertson moved to follow the request for Mr. Bolton to abstain from Item 5, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if items should be removed before calling for action. There being none, Councilmember Bolton moved to approve the consent agenda. After a second from Councilmember McBryde, the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of October 4, 1993. B. Approve bid award for purchase of cab and chassis to LaFayette Ford, low bid in the amount of $31,400.00. (PWC) Bids received were as follows: Map Enterprises (Burlington, NC) $33,059.00 Baker Equipment (Richmond, VA) $32,853.00 Altec Industries (Birmingham, AL) $32,266.00 TECO Inc. (Ft. Wayne, IN) $33,203.00 LaFayette Ford (Fayetteville, NC) $31,400.00 Utility Supply and Equipment (Charlotte, NC) $32,609.38 C. Approve bid award for purchase of aerial lift to Baker Equipment Engineering Company, low bid meeting specifications in the amount of $47,485.00.(PWC) Bids received were as follows: Map Enterprises (Burlington, NC) $52,087.00 Baker Equipment (Richmond, VA) $47,485.00 Altec Industries (Birmingham, AL) $44,685.00 TECO Inc. (Ft. Wayne, IN) $49,546.00 LaFayette Ford (Fayetteville, NC) no quote Utility Supply and Equipment (Charlotte, NC) $47,041.01 D. Award contract for Village Drive sidewalk project to Nortec Construction Services, Inc., low bidder in the amount of $85,643.00. Bids received were as follows: McDonald $103,840.00 Nortec $85,643.00 City estimate $72,912.00 E. Adopt demolition ordinance for property located at 925 Deep Creek Road. (Owners: Judith E. Melvin and Willa M. Underwood) AN ORDINANCE TO DEMOLISH A STRUCTURE AT 925 DEEP CREEK ROAD. ORDINANCE #NS1993-063. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. F. Authorize advertisement for upset bid for sale of utility easement on Dickinson Buick property adjacent to Sycamore Dairy Road. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for speakers on public hearings and nonpublic hearings. A. Consideration of adoption of an ordinance amending Chapter 12A, Flood Damage Prevention, of the City of Fayetteville Code of Ordinances. City Attorney Cogswell presented this item stating that Ms. Janie S. Archer of the NC Department of Crime Control and Public Safety had made several suggested changes to this ordinance to reflect the changes included in the latest model ordinance published by the state. He recommended Council adopt the ordinance. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:14 p.m. and there being none to be heard on this matter, the public hearing was closed. AN ORDINANCE AMENDING CHAPTER 12A, FLOOD DAMAGE PREVENTION. ORDINANCE #S1993-018. Councilmember Bolton moved to adopt the foregoing ordinance, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1993. 4. Consideration of lease agreement for space in the Cape Fear - Yadkin Valley Depot building. City Manager Smith presented this item and recommended a 30-day delay. Councilmember Robertson moved to follow the recommendation for a delay of 30 days, seconded by Councilmember Bolton and carried unanimously. 5. Consideration of adoption of bond order authorizing and approving the issuance and sale under the provisions of the state and local government revenue bond act, as amended, of not exceeding $75,000,000 aggregate principal amount of the City of Fayetteville, North Carolina, Public Works Commission Revenue Refunding Bonds, Series 1993 to provide funds for refunding a portion of the City's Public Works Commission Revenue Bonds, Series 1990 and directing the authentication and delivery of the Series 1993 bonds to the underwriter. City Manager Smith presented this item with a recommendation that Council adopt the bond order. Councilmember Robertson moved to follow the recommendation to adopt the bond order, seconded by Councilmember Ross and carried 8 to 0 with Councilmember Bolton abstaining. 6. Consideration of adoption of resolutions endorsing public-facility bond referendums and State Constitutional Amendment on November 2, 1993, ballot. City Manager Smith presented this item and recommended adoption of the two resolutions. A RESOLUTION IN SUPPORT OF THE PROPOSED STATE BOND ISSUES FOR WATER AND SEWER, UNIVERSITIES, COMMUNITY COLLEGES AND STATE PARKS. RESOLUTION #R1993-080. A RESOLUTION IN SUPPORT OF ECONOMIC DEVELOPMENT BOND FINANCING. RESOLUTION #R1993-081. Councilmember Bolton introduced the foregoing resolutions and moved their adoption, seconded by Councilmember Ross and carried unanimously. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1993. 7. Report from Streets and Roads Committee. Councilmember Kendrick, Chairman of the Council's Streets and Roads Committee, presented this item stating that it was to clear up standards in urban streets in order for the N.C. DOT to accept maintenance on streets built in the unincorporated areas of the County using the City's standard design. N.C. DOT responded that they would approve the City's curb and gutter design under the following conditions: 1. Curb inlets shall be standard grate, frame, and hoods with curb transition similar to the standard curb. 2. Curb inlets will be spaced a maximum of 500 feet apart and more frequently on moderately seep gradients where curb overtopping might occur. 3. The curb design will be allowed only on local residential or residential collector streets. Any roadways that will serve as thoroughfares on high traffic count collectors will be required to use the standard two feet--six inch curb and gutter design. Councilmember Kendrick moved to approve the Urban Street Standards, seconded by Councilmember Cheek and carried unanimously. 8. Presentation of 2010 Plan. (Requesting to appear: Don Broadwell) Joint Planning Director George Vaughan presented this item and introduced the Planning Staff present that had worked on this 2010 Plan. He said there had been 14 public hearings on this plan and the Cumberland County Commissioners had adopted the concept plan. He and Will Denning presented a lengthy overview of the 2010 Plan through transparencies and literature. Mr. Don Broadwell, representing the Fayetteville Home Builders' Association, requested Council not take any action beyond what the County has done, which is to adopt the concept of the evolving plan. He stated that there is a need for the same plan in the City and the County. Some discussion followed which included concerns regarding the zoning ordinances needing to be amended before implementing the 2010 Plan. Councilmember Ross moved to refer this matter back to the staff and to set a public hearing for a later date, seconded by Councilmember Torrey. There was further discussion with Councilmember Blackwell offering a friendly amendment to endorse the concept of the 2010 Plan and that the plan not be implemented until appropriate ordinance changes have been made, and to return to staff for them to study and return to Council with a suggested public hearing date set for an appropriate time. Councilmembers Ross and Torrey accepted the friendly amendment. Mayor Dawkins called for a vote and it carried unanimously. Mayor Dawkins then thanked the Planning Board members present in the audience for attending this meeting and for the hard work and they and the Planning Staff had put into this project. 9. Presentation of plans for annexation neighborhood meetings. City Manager Smith presented this item stating that there were six neighborhood meetings scheduled for the month of November to ensure residents in the proposed areas to be annexed have an opportunity to attend. City employees will discuss the types of municipal services provided by the City and address any concerns raised by the area residents at the meetings. A formal public hearing before Council is scheduled for November 22, which is after the conclusion of the neighborhood meetings. PWC Manager Tim Wood and Tom McNeill, Property Acquisition Superintendent for PWC, made a presentation regarding the cost of utility services for annexed areas. Mr. Wood said that the property owners would not be required connection until 1998 unless there was a health hazard. Presentations were also made by Police Chief Hansen, Fire Chief Piner, and Parks and Recreation Director Barefoot. 10. APPOINTMENTS: A. Nominations to fill four vacancies on Historic Resources Commission. Councilmember Cheek moved to elect Ronn Babin in the Architect category and the vote was unanimous. Henry Player was elected for a second term as Building Designer category. Katie Forshee was elected for a first full term in the category of Historic Preservationist, or Cultural or Social Historian. And Dan Hicks was elected to the at-large vacancy. All terms were for two years to October 31, 1995. B. Nominations to fill eight vacancies on Parks and Recreation Advisory Commission. Councilmember Kendrick moved to elect Dorothy Fielder to fill the vacancy of David Pugh, Mike Moore to fill the vacancy of Mike Walker, and Ike Walker, Annie Chavis, and Malcolm Fields to serve a second term. The motion was carried unanimously. Mayor Dawkins then asked for nominations for the remaining two vacancies. And they were: Mr. Doug English nominated by Councilmember Robertson; Mr. Ander Dunham, by Councilmember Blackwell; Elizabeth Passcantando, by Councilmember Kendrick; Ms. Beney Cathy, by Councilmember Massey; and H. R. Doub and Page Saunders, by Councilmember Torrey. There is still a vacancy for the Board of Education category. The above terms are for two years to October 31, 1995. C. Nominations to fill one vacancy on Wrecker Review Board. Councilmember Bolton moved to elect Bill Maudlin as Chairman of the Wrecker Review Board by acclamation and it carried unanimously. 11. ADMINISTRATIVE REPORTS: A. Statement of taxes collected for the month of September 1993, from the Cumberland County Tax Collector. Council accepted the statement of taxes collected for the month of September 1993 from the County Tax Collector in the amount of $1,646,587.59. At this time Councilmember Cheek announced the upcoming City-County Liaison Meeting for October 28 at noon in the City Hall First Floor Multipurpose Room. There being no further business, the meeting was adjourned upon motion and second at 10:13 p.m. REGULAR MEETING MINUTES NOVEMBER 1, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET NOVEMBER 1, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1)-arrived at 7:10 p.m.; Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan 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 for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Louis Chalmers, City Traffic Engineer Al Mitchell, Assistant Planning Director Cliff Strassenburg, Cumberland County 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 offered the invocation, followed by the Pledge of Allegiance to the American Flag being lead by boy scout Dennis Farmer, Troop 6, St. Andrews United Methodist Church. At this time, Mayor Dawkins announced that following the outstanding work that the Mayor's Drug Task Force had done, a Community Watch Council has been formed and their second meeting will be December 6. Mayor Dawkins stated that he felt very good about this committee and the good that they can do for the city. 1. APPROVAL OF AGENDA City Manager Smith requested to add Item 5A, Consideration of Interlocal Solid Waste Agreement. Councilmember Blackwell moved to approve the agenda with the addition of 5A, seconded by Councilmember Kendrick and carried unanimously. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Torrey requested to pull Item A for discussion. Councilmember Bolton moved to approve the consent agenda with the exception of Item A. After a second from Councilmember Blackwell, the consent agenda and following items were unanimously approved. A. (Pulled for discussion) B. Adopt resolution authorizing condemnation of Parcel S-1 at the southeast corner of Raeford Road/Owen Drive. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION #R1993-082. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. C. Approve the following budget amendments: 1. Special Revenue Project Ordinance 94-5. The State Division of Youth Services has awarded Cumberland County $33,673 for the Fayetteville Police Department's juvenile restitution program. The local match of $6,735 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. 2. Special Revenue Project Ordinance Amendment 94-4. The State has forwarded to the City proceeds from the controlled substance tax program in the amount of $9,126. Pursuant to previously establish practice, the funds are being set up in a contingency account for specific disbursement control subject to the approval of the City Manager. The funds, by General Assembly intent, are to be used exclusively for enhanced law enforcement activities. 3. Special Revenue Project Ordinance Amendment 94-5. The State has awarded the City two grants totaling $15,718 for funding of overtime in the Fayetteville Police Department to enforce the State's safety belt laws. The period of performance runs through March 1994. The local match requirement of $500 will be provided from resources available in the Police Department's General Fund budget. 4. Special Revenue Project Ordinance Closeout 94-1. The project was established in March 1993 for the purpose of funding overtime enforcement of the State's safety belt laws. The grant and resources expired in April 1993. 5. Capital Project Ordinance Amendment 94-4. The Forest Service has awarded the City $6,000 for the purposes of gateway and corridor buffer improvements on 301 and Bragg Boulevard. The Parks and Recreation Department will conduct the improvements. 6. Adopt Budget Ordinance Amendment 94-4. The Ordinance appropriates $30,000 from General Fund Balance to Other Appropriations for economic development purposes in the downtown area. D. Set public hearing for November 15, 1993, to consider speed limit changes for Morningside Drive. E. Set public hearing for November 15, 1993, to consider the Comprehensive Housing Affordability Strategy (CHAS). F. Authorize City Manager to execute agreement for parking with Somar Telemarketing, Inc. 2A. Adopt resolution authorizing condemnation of Parcel S-2 on Langdon Street. Councilmember Torrey asked for additional information on this item. City Manager Smith stated that this was for an improvement project to line Langdon Street up on Edgecomb Street. This action would be only to authorize condemnation proceedings. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION #R1993-083. Councilmember Torrey introduced the foregoing resolution and moved its adoption, seconded by Councilember Bolton and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for speakers on public hearings and nonpublic hearings. A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour for Green Valley Road/Gleneagles Court. This item was presented by Traffic Engineer Chalmers stating that he has received a petition signed by a majority of residents on the above referenced street for a 25 mph speed zone. This is the advertised public hearing for this date and hour. And the recommended action is for adoption of the ordinance. The public hearing was opened at 7:16 p.m. There being none to be heard in favor or opposition, this public hearing was closed. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #8-SPEED CONTROL, GREEN VALLEY ROAD/GLENEAGLE'S COURT). ORDINANCE #NS1993-064. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Robertson and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. B. Consideration of an application by Lory Williams for a Special-use permit as provided for by Article IV, Section 32.24(3) to operate a nursing home in an R6 Residential District for an area located at 400 Pelt Drive. (93-103) Assistant Planning Director Al Mitchell presented this item stating that this is an expansion to an existing nursing home and the Planning Board recommended approval with the following conditions: (1) The dumpster be located within the special-use permit area; (2) The access to the parking area and the parking area be paved; and (3) A 10-foot buffer to the right of the property buffering the R-6 residential district be in place. He reminded Council that this is a special-use permit and if it was to be approved by Council, it should be with the findings that it fits into the character of the neighborhood and it not be detrimental to the neighborhood. This is the advertised public hearing. The public hearing was opened at 7:20 p.m. and appearing in favor was Mr. Lory Williams, 602 McLamb Drive, petitioner. Mr. Williams was sworn in by the City Clerk. Mr. Williams testified that the Division of Facility Services in Raleigh has awarded them 50 skilled nursing home beds with the conversion of 30 rest home beds to skilled nursing and an additional 20 beds. This will increase Pine Manor Health Care Facility's 100-bed rest home to a 120-bed nursing home facility and increase the staff from 50 to 100. He concluded by saying they have had a special-use permit since 1983 when the initial construction was done and this request for a special-use permit is so he can now expand this facility. Councilmember Blackwell asked Mr. Williams if he was aware of the special conditions placed by the Planning Board and if this would cause any problems. Mr. Williams responded that he doesn't understand why the 10-foot driveway requirement from the property line was stipulated; however, he will comply. Councilmember Torrey stated that Mr. Williams was the only afro-american in the state that is operating a nursing home to his knowledge. And that he runs a clean and respectable home. Therefore, Mr. Torrey moved to approve the special-use permit with the three conditions listed by the Planning Board and the findings that the use fits in with the character of the area and is not detrimental to the surrounding neighborhood. The motion was seconded by Councilmember Blackwell and carried unanimously. 4. PLANNING BOARD MATTERS: A. Consideration of the rezoning from R5 Residential District to C3 Heavy Commercial District and R6 Residential District to M2 Industrial District or to more restrictive zoning classifications for an area located at 1200-1/2 Ramsey Street. (P93-85) Councilmember Ross moved to set a public hearing for December 6 for this item, seconded by Councilmember McBryde and carried unanimously. 5. Consideration of adoption of resolution providing for the issuance of $37,730,000 General Obligation Refunding Bonds, Series 1993. This item was presented by City Manager Smith with a recommendation to adopt the resolution. Councilmember Bolton requested to abstain on this item as in the past. Councilmember McBryde moved to allow Councilmember Bolton to abstain on Item 5, seconded by Councilmember Ross and carried unanimously 8 to 0. Mayor Dawkins introduced the following resolution, a copy of which has been provided to each councilmember, which was read by title and summarized: AN RESOLUTION PROVIDING FOR THE ISSUANCE OF $37,730,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 1993. RESOLUTION #R1993-084. Upon motion of Councilmember Robertson, seconded by Councilmember Kendrick, the foregoing resolution was adopted 8 to 0 with Councilmember Bolton abstaining. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. 5A. Consideration of Interlocal Solid Waste Agreement and adoption of resolution. City Manager Smith presented this item stating that this agreement simply puts in written form what the City Council intended in adopting the original resolution several meetings ago. The banks involved in the long-range financing are asking for the written agreement between the City and the County regarding the City's remaining in the designated geographic area. Mr. Smith stated there would be a change to the agreement and that is paragraph 7 should be begin with the words "except for paragraph 3 above". A RESOLUTION (INTERLOCAL SOLID WASTE AGREEMENT). RESOLUTION #R1993-085. Councilmember McBryde moved to adopt the foregoing resolution, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. Councilmember Torrey stated he has had several complaints from small businesses concerning the Fish entrails not being accepted without payment of $100 each trip to the dump on Ann Street. Cliff Strassenburg, County Manager, responded this type of waste is considered special handling, but he would check on it and report back to Mr. Smith. 6. Report on meeting with Exit 49 Merchants. Deputy City Manager Stancil presented this item stating that the City Staff had met with the Merchants at Exit 49 to discuss their needs as a community. After some discussion, the following concerns were identified: 1. Removal of some of the landscaping located on the public right-of-way that obscures the view of some of the businesses from the highway. 2. Construction of jogging/biking trails on Cedar Creek Road in conjunction with the planting of trees. 3. Implementation of transit service, especially for employees, but also for travelers, such as military and tour bus patrons without other transportation. 4. Reduction of speed limit on Cedar Creek Road to 35 mph. 5. Implementation of crosswalk on west side of I-95 with light for pedestrian crossing. 6. Exit ramp lighting. Mr. Stancil recommended Council submit a request to North Carolina Department of Transportation Board member for assistance as soon as possible. Following some discussion, Councilmember Cheek moved to follow the recommendations and have staff to form an Ad Hoc task force to include PWC to look into all of the recommendations listed as well as submitting a request to NC DOT for assistance. The motion was seconded by Councilmember Kendrick and carried unanimously. 7. Consideration of adoption of resolution on unfunded mandates. This item was presented by City Manager Smith with a recommendation for adoption of the resolution. Councilmember Kendrick moved to follow the recommendation, seconded by Councilmember Torrey. Councilmember McBryde requested that the State League do this as well as the National League. Mr. Smith recommended an amendment to the motion to include authorizing staff to forward an appropriate resolution to State Legislation Delegation as well. Councilmember Kendrick amended his motion to include the authorization of staff to forward an appropriate resolution to State Legislative Delegation. And the motion carried unanimously. The resolution title is as follows: A RESOLUTION ON UNFUNDED MANDATES. RESOLUTION #R1993-086. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1993. 8. APPOINTMENTS: A. Election of nominees to Parks and Recreation Advisory Commission - three vacancies. Mayor Dawkins called for a vote on the nomination of Bill Carver by Councilmember Blackwell as requested by the School Superintendent and it carried unanimously for election to the Board of Education category. At this time Councilmember Robertson withdrew his nomination of Doug English and Councilmember Torrey withdrew Mr. Page Saunders, both to be resubmitted later. There was a process of elimination voting for Mrs. Elizabeth Passcantando, Mr. H. R. Doub, Ms. Beney Cathy, and Mr. Ander Dunham. The elections for the two vacancies were Mrs. Elizabeth Passcantando and Ms. Beney Cathy. These are two-year terms to October 31, 1995. B. Nominations to fill three vacancies on Fair Housing Hearing Board. There were no nominations to fill the vacancy in the real estate category or the attorney category. The two nominations for the at-large category was Mr. Richard Culbreth by Councilmember Blackwell and Mr. Page Saunders by Councilmember Torrey. At this time Councilmember Cheek referred to a letter received from Mr. Wayne McGary, Fayetteville Historic Resources Commission, concerning the recent appointment to the architects' category and his disappointment in the elimination of Dr. Jon Young for a second term in the at-large category. Ms. Cheek moved to send a very special letter to Dr. Young expressing gratitude for his service and hopes that he will serve again. The motion was seconded by Councilmember Blackwell and carried unanimously. 9. ADMINISTRATIVE REPORTS: A. Report on Bragg Boulevard and Ames Street traffic operations. Report submitted in the agenda packet. B. Report on Marlborough Road traffic operations. Report submitted in the agenda packet. At this time City Manager Smith reminded Council of the upcoming retreat on November 12 and 13 at 6:00 p.m. at the Airport Concourse B Conference Room. Councilmember Blackwell requested that the TV coverage of the Council meetings matter be finalized soon. City Manager Smith suggested this be placed on the next regular meeting agenda. At this time Councilmember Cheek referred to Item 9A concerning the report on Bragg Boulevard and Ames Street traffic operations. She referred to the last sentence in the memo from Traffic Engineer Chalmers and moved that NCDOT be requested to investigate this location for traffic signal warrants, a flasher installation, or other measures to reduce accident experience. The motion was seconded by Councilmember McBryde and carried unanimously. Councilmember Kendrick referred to 9B, to the report on the Marlborough Road Traffic Operations and moved to install flashers on the three-curve warning signs for a 6-month trail basis. The motion was seconded by Councilmember McBryde and carried unanimously. Councilmember Kendrick then referred to information Item 1 in the agenda packet concerning printing the names and addresses of suspects arrested for drug violations. He expressed a desire to pursue this. City Manager Smith requested that Council allow staff to negotiate on this and return a report at this next meeting. There being no further business, the meeting was adjourned upon motion and second at 8:15 p.m. REGULAR MEETING MINUTES NOVEMBER 15, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET NOVEMBER 15, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan 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 for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Mike Walker, City Engineer Louis Chalmers, City Traffic Engineer Janice Gerald, Community Development Director Al Mitchell, Assistant 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 Reverend Cureton Johnson, First Baptist Church on Moore Street, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins referred to an item in the agenda packet concerning the special recognition of the City's participation in the United Way Campaign. The City surpassed it's goal of $32,549.00 by increasing the goal by 13 percent with City employees contributing $32,571.37. Fourteen of our eighteen departments qualified for an honor award. And of the total 150 participants from all community businesses and organizations in the "Day of Caring", 80 were City employees. All of this took place simultaneously with City's crucial final phase of preparations to host the North Carolina League of Municipalities' Convention. Mayor Dawkins reminded everyone that the swearing in ceremony for the Mayor and Councilmembers would be December 6 by Judge Beth Keever with a reception following the meeting for family and close friends. Betty Franken from the JFK Center presented a citation to the Mayor and Council from Major General Sidney Shachnow for enhancing international relations between the United States and the International Military Students in training at the John F. Kennedy Special Warfare Center and School. Ms. Franken introduced the officers present and they were from the countries of Australia, Turkey, Canada, Saudi Arabia, New Guinea, Jordan and Swaziland. This is the first time a representative of Swaziland has participated. 1. APPROVAL OF AGENDA City Manager Smith reminded Council that at their goal setting session they had requested that setting neighborhood meetings be added to the agenda and he suggested it be placed as Item 11. City Attorney Cogswell requested to add as Item 6C, The consideration of approval of a termination agreement, with an executive session before the item. Councilmember Robertson moved to approve the agenda with the additions as recommended, seconded by Councilmember Bolton and carried unanimously. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if items should be removed before calling for action. Councilmember Cheek requested to pull Item B and Councilmember Kendrick requested to pull Item F5 for discussion. Councilmember Bolton moved to approve the consent agenda with the exception Items B and F5. After a second from Councilmember Torrey, the consent agenda and following items were unanimously approved. A. Approve minutes of regular information meeting of October 25, 1993. B. (Pulled from the agenda) C. Approve tax refunds over $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. D. Approve award of contract for purchase of 130,000' of 4/0 AL URD Triplex Cable to Rigby Electric Supply, low bidder. (PWC in the amount of $109,590.00) Bids received were as follows: Rigby Electric (Rocky Mount, NC) $109,590.00 Eastern Electric (Raleigh, NC) $113,087.00 WESCO (Raleigh, NC) $115,830.00 Power Supply (Matthews, NC) $116,870.00 Tennessee Valley (Charlotte, NC) $119,402.40 E. Approve sale of utility easement on Dickinson Buick property adjacent to Sycamore Dairy Road. F. Approve the following budget matters: 1. Adopt Special Revenue Project Ordinance 94-6. (Transit Planning & Capital Grants - FY94) The Federal Transportation Administration has awarded the City $166,400 for the annual transportation planning component (conducted through the Joint Planning Board and the Transit Department) and capital maintenance items such as engines and transmissions. Total project expenditures are estimated at $208,000 with $166,400 being provided by FTA and the balance being provided by the State, County, and City. The City's local match is budgeted. 2. Adopt Special Revenue Project Ordinance Amendment 94-2. (Transit Planning Grant - FY93) The Federal Transportation Administration has awarded the City $68,000 for the annual transportation planning component conducted through the Transit Department. Total project expenditures are estimated at $85,000 with $68,000 being provided by FTA and the balance being provided by the State and the City. The City's local match is budgeted. 3. Adopt Special Revenue Project Ordinance Amendment 94-6. (Governor's Highway Safety Program - Motorcycle Training Program) The State has awarded the City a grant totaling $2,156 for funding of the Police Department's motor cycle training program. No local match is required. 4. Adopt Capital Project Ordinance 94-3. (Transit Capital - FY93) The Federal Transportation Administration has awarded the City $207,320 for the purchase of bus support equipment and the replacement of the fuel underground storage tanks. Total project expenditures are estimated at $259,150 with $207,320 being provided by FTA and the balance being provided by the State and City. The City's local match is budgeted. 5. (Pulled for discussion.) 6. Adopt Capital Ordinance Amendment 94-3. (Transit Capital - FY93) The Federal Transportation Administration has awarded the City $20,000 for the purchase of a replacement van. Total project expenditures are estimated at $25,000 with $20,000 being provided by FTA and the balance being provided by the State and City. The City's local match is budgeted. 7. Adopt Capital Project Ordinance Amendment 94-5. (Amtrak Station) The Federal Highway Administration, through NC DOT, has awarded the City $80,000 for improvement to the interior and platform area of the Amtrak Railway Station. The local match of $20,000 is budgeted in the project. G. Refer Adopt-A-Street Program to Streets and Roads Committee. H. Adopt resolution authorizing condemnation to acquire certain property of Charles E. VanZant and Gwendolyn P. VanZant for installation of an adequate and sound sewage collection system.(PWC) A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF CHARLES E. VANZANT AND GWENDOLYN P. VANZANT. RESOLUTION #R1993-087. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. I. Set public hearing for December 20, 1993, to consider the rezoning from R15 Residential District to R6 Residential District or to a more restrictive zoning classification for an area located at 2908 Cliffdale Road.(P93-112) J. Approve the rezoning from R5 Residential District and C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 1040 through 1046 Bragg Boulevard. (P93-110) K. Approve the initial zoning to R6 Residential District or to a more restrictive zoning classification for an area located at 4963 Rosehill Road. (P93-113) L. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located at 6546 Ramsey Street. (P93-114) M. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located at 555 Glensford Drive. (P93-115) N. Approve the initial zoning to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the north side of East Mountain Drive, east of U.S. HWY 301. (P93-116) O. Approve Lease Agreement with Bragg Mutual Federal Credit Union for space in City Hall. 2B. Approve minutes of regular meeting of November 1, 1993. Councilmember Cheek referred to page 5 of the minutes, Item 6, reporting on the meeting with Exit 49 merchants. Mrs. Cheek requested to have the motion amended to include her recommendation at that meeting for staff to form a task force to include PWC to look into this. Mrs. Cheek then moved to approve the minutes with the amendment, seconded by Councilmember Kendrick and carried unanimously. 2F5. Adopt Capital Project Ordinance 94-4. (Transit Capital - FY94) The Federal Transportation Administration has awarded the City $590,748 for the purchase of replacement buses, ADA vans, shelters, and HSTS vans. Total project expenditures are estimated at $714,718 with $590,748 being provided by FTA and the balance being provided by the State, County, and City. The City's local match is budgeted. Councilmember Kendrick stated he had never received information on the location for the shelters that he requested 6 or 8 months ago. City Manager Smith stated that all this item does is to set up a budget. Staff can return the information on the locations of the shelters at the next meeting. Councilmember Kendrick moved to adopt the Capital Project Ordinance 94-4, seconded by Councilmember Torrey and carried unanimously. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for speakers on public hearings and nonpublic hearings. A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour for Morningside Drive. This item was presented by Traffic Engineer Chalmers stating a petition has been received from a majority of the residents on this street for a 25 mph speed zone. This is the advertised public hearing. The public hearing was opened at 7:24 p.m. and speaking in favor was Harry D. Martin, 432 Morningside Drive. He stated that this street is between two streets that are 25 mph each and it is a hazard to the children and residents of this street to have it at 35 mph. Eronomy Muhammed, 609 Murchison Road, appeared in favor stating this would be one way to take our communities back. It is dangerous and he requested that if Council approves the speed reduction to please leave it and don't change it back to 35 mph at a later date. There being none further to be heard on this matter, the public hearing was closed at 7:28 p.m. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #8-SPEED CONTROL). ORDINANCE #NS1993-065. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. B. Consideration of Comprehensive Housing Affordability Strategy. This item was presented by Janice Gerald, Community Development Director, stating that the CHAS requires each local jurisdiction to describe its housing needs and market conditions, set out a five-year strategy that establishes priorities for meeting those needs, identify resources anticipated to be available for provision of affordable and supportive housing, and establish a one-year investment plan that outlines the intended uses of resources. Ms. Gerald stated that for fiscal 1994, we are again required to submit a five-year strategy by December 31, 1993. The 30-day public comment period will begin November 16, and end December 15, 1993. All public comments received will be incorporated in the CHAS prior to submission to HUD. This is the advertised public hearing. There was a question and answer session by Council, such as, priorities of rental needs, housing standards of the rentals, code enforcement, low to moderate income participation, and assistance in building houses. The public hearing was opened at 7:44 p.m. with none speaking in favor. Appearing in opposition was Eronomy Smith Muhammed, 609 Murchison Road, stating that HUD is wasting a lot of our state money and recommends we come back with a more cost cutting plan. Councilmember Bolton moved to approve the strategy as recommended, seconded by Councilmember Kendrick and carried unanimously. 4. Presentation on proposal for televising City Council meetings. City Manager Smith stated he received word late this afternoon that the Cablevision representative could not attend tonight's meeting because something unexpected had come up. Councilmember Bolton moved to postpone this item until the representative can be present for discussion with Council. Mr. Bolton stated he would prefer this on an Information Meeting agenda. Concilmember Kendrick seconded the motion. Councilmember Cheek offered a substitute motion that Mayor Dawkins and/or two or three Councilmembers appointed by the Mayor go talk with Cablevision within 30 days about possible ways to pay for this; and, for some clarification so that we can originate an actual proposal that hopefully Cablevision would participate in. Councilmember Massey seconded the substitute motion. Councilmember Blackwell said he is concerned that this has been in the works for over a year and feels we need to move on with haste to make a decision. Councilmember Ross concurred. Councilmember Cheek stated that her motion was an effort to move the process along instead of delaying any longer. Mayor Dawkins called on a vote on the substitute motion and it carried 7 to 2 with Councilmembers Ross and Blackwell voting in opposition. Mayor Dawkins said he would appoint at least three Councilmembers tonight. Mr. Smith wanted to clarify that the money figures presented in the packet are based upon a proposal and discussion staff had with Cablevision. All of the costs listed is the City's cost. Other costs involved are the microwave tower and the service of Channel 40, etc. Mr. Smith asked if it is Council's desire to see if they will also pick up part or all of the $65,000 cost. Councilmembers responded that it was. 5. Consideration of request to address City Council from Dawn Hester, Chairperson, Appearance Commission. Dawn Hester, Chairman of the Appearance Commission, stated they are concerned that the current signage ordinance is outdated and not user-friendly. They are requesting that a private consultant be hired to work with City staff and the Appearance Commission to correct this as soon as possible. They also requested that the Landscape Architect position and the Horticulturist be hired as soon as possible. Mrs. Hester said that the Commission commends the City on the recent clean up campaign for the NCLM Convention and requested that keeping our city clean would be an ongoing project. City Manager Smith stated that the staff has been working with the Appearance Commission on this. He suggested Council authorize staff to send out request for proposals and negotiate if the cost is too high. Following some discussion, Councilmember Kendrick moved to refer this item to staff as recommended, seconded by Councilmember Ross. Following further discussion, Mr. Smith stated his interpretation of the intent of the motion was that staff is to get out an RFP, get the proposals in and review them with the Appearance Commission in December, and bring back a recommendation for a consultant in January. Councilmember Kendrick confirmed that intent in the motion. Mayor Dawkins called for a vote and it was unanimous. At this time, Councilmember Bolton moved to take a six-minute break and then enter executive session at 8:20 p.m. for lease negotiations, seconded by Councilmember Torrey and carried unanimously. Council reconvened into regular session at 8:41 p.m. 6. Consideration of the following Airport items: A. Approval of Piedmont Aviation Service, Inc., for lease transfer of present FBO Lease. B. Approval of Piedmont Aviation Service, Inc., for one year lease for FBO service beginning June 2, 1994. C. Consideration of Approval of Termination Agreement. City Attorney Cogswell presented Item A, as well as B and C, stating they are the culmination of several months of effort. Basically, the process being considered tonight is if Council approves the award of the FBO for one year to Piedmont Aviation Services, Inc. Then they would in turn assume the balance of the current FBO's lease. There would also be a termination agreement, which is Item C, entered into between the City and the current FBO that basically would release each party from any and all obligations, claims under the lease, and the dismissal of any and all actions pending against the City by the current FBO. Mr. Cogswell recommended approval of C before A and B. Councilmember Robertson then moved to approve Item C to authorize the Mayor to sign the termination agreement as recommended, seconded by Councilmember Ross and carried unanimously. Councilmember Robertson moved to approve Items A and B as recommended, seconded by Councilmember Ross and carried unanimously. 7. Consideration of a resolution of the City Council of the City of Fayetteville pursuant to N.C.G.S. 160A-31(c) - (Petition- Initiated Contiguous Annexation Area) - Property of Ellen O. Bill - 3748 Ramsey Street. A RESOLUTION DIRECTING THE CLERK TO INVESTIGATE SUFFICIENCY OF PETITION FOR ANNEXATION AND SETTING PUBLIC HEARING FOR DECEMBER 6, 1993. RESOLUTION #R1993-083. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 8. Consideration of request to address City Council from Wendy M. Painter. Ms. Painter, Housing Consultant, for the Wilmington Housing Finance and Development, Inc. (WHFD) is offering its services as a nonprofit housing developer to our community. They hope to be able to work with Fayetteville to achieve our goals in developing affordable single-family and multi-family housing. They should be available in Cumberland County by early 1994. Following some questions from Council, Mayor thanked Ms. Painter for coming and making her presentation. 9. APPOINTMENTS: A. Nominations to fill three vacancies on Fair Housing Hearing Board. Mayor Dawkins called for a vote on the at-large category between Mr. Page Saunders and Mr. Richard Culbreth. Mr. Saunders was elected to the at-large position. There were no nominations to fill the vacancy in the real estate category or the attorney category. 10. ADMINISTRATIVE REPORTS: A. Statement of taxes collected for the month of October 1993 from the Cumberland County Tax Collector. Council accepted the statement of taxes collected for the month of October 1993 in the amount of $1,379,225.84. B. Report of tax refunds less than $100. Taxpayer's Nature of Property Name Clerical Error Description Amount John Campbell Amended statement Business Personal $41.78 submitted. Value Property should be $11,220. C. Report on request for private street maintenance. Councilmember Kendrick moved to refer this item for private street standards to the Council Streets and Roads Committee, seconded by Councilmember Bolton and carried unanimously. D. Report on City's United Way Campaign. This report was submitted in the agenda packet and under recognition by the Mayor. 11. Consideration for setting neighborhood/district meetings: Councilmember McBryde moved to have neighborhood meetings in the districts on odd number months to begin in January 1994 and for district Councilmembers to have input on the location, seconded by Councilmember Bolton. Councilmember Blackwell offered a friendly amendment that there be a 30-minute forum at the beginning of each meeting with a sign-up for speakers to follow the regular meeting time limit policy and to advertise the meeting. Councilmember McBryde accepted the amendment. Mayor Dawkins called for a vote and it carried unanimously. At this time, Councilmembers Robertson and Councilmember Ross asked about the zoning violations by the Concrete Service. Mr. Smith explained that there might have been more than one violation. They try to work with them, especially if rezoning requests have been applied for. Mr. Robertson asked that staff stay on top of this. There being no further business, the meeting was adjourned upon motion and second at 9:10 p.m. INFORMATION MEETING MINUTES NOVEMBER 22, 1993 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET NOVEMBER 22, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4) (arrived at 7:55 p.m.); Suzan 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 for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Mike Walker, City Engineer David Nash, Annexation Studies Coordinator M. J. Noland, PWC Director of Water/Sewer Facilities Henry Powers, PWC Superintendent of Water/Sewer Operations 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 City Attorney Robert C. Cogswell, Jr., followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins stated he had received a message from Councilmember Torrey that he would be arriving late to tonight's meeting. Councilmember Bolton moved to excuse Councilmember Torrey until his arrival, seconded by Councilmember Kendrick and carried unanimously by voice vote. 1. APPROVAL OF AGENDA: Councilmember Bolton moved to approve the agenda as presented, seconded by Councilmember Kendrick and carried unanimously by voice vote. 2. CONSENT: Mayor Dawkins presented the consent agenda and there were no items removed before calling for action. City Attorney Cogswell informed Council that the note under Item 2A shows 80 percent of Southern National Bank Prime and the letter from Chuck Uzzell, Vice President of Southern National Bank, shows 75 percent. Mr. Uzzell is present at tonight's meeting and stated that the 80 percent in the note is correct. Councilmember Bolton moved to approve the consent agenda. After a second from Councilmember McBryde, the consent agenda and following items were approved 8 to 0 with Councilmember Torrey absent. A. Approve Note Modification and Extension Agreements for Downtown Commercial Loan Program. (Theodore O. Rhodes, Jr.) B. Approve bid award for Storm Water Management Improvements, Phase II, project at Butler-Warner Generation Plant, to ES&J Enterprises, low bid in the total amount of $596,693.90. (PWC) Bids received were as follows: Total Alternate Bid ES&J Enterprises $444,693.90 $152,000.00 Marlboro $577,172.50 $159,600.00 McDonald Grading $750,934.10 $190,000.00 3. PUBLIC HEARINGS: Mayor Dawkins explained the five minutes per speaker time limit for the annexation public hearings. This will be a public hearing only with no action being taken until the December 20 Council meeting. A. Consideration of annexation of Area 204 - Bullard Furniture Site - 4901 Morganton Road) This item was presented by Deputy City Manager Stancil, summarizing the annexation report and certifying that notice was sent by first-class mail to all property owners taken from the County tax records and given to the City Clerk. None of the letters were returned undeliverable. Public notice was published in the Fayetteville Observer/Times on November 7 and November 17. This area meets the standards of annexation. The public hearing was opened at 7:15 p.m. And there being none to speak in favor or opposition to this annexation, the public hearing was closed. B. Consideration of annexation of Area 200 - consisting of the following subdivisions: Devonwood, Lake Shores, Murray Fork, The Lakes, Foxfire, Yadkin Acres, Lake Valley. Deputy City Manager Stancil presented this item stating that a certification of notice of annexation public hearing for area 200 has been given to the Clerk and that City staff sent 2,829 letters by first-class mail to property owners. One hundred fifty-seven letters were returned to the City undeliverable. And letters were sent to these 157 property owners at best available address by certified mail, return receipt requested. Notice was also published in the Fayetteville Observer/Times on November 7 and November 17. Mr. Stancil summarized the annexation report and stated this annexation meets the standards for annexation. M. J. Noland, PWC Director of Water/Sewer, presented a summary of the Water/Sewer Services including the manner of payments for installation assessments. Councilmember Blackwell asked how many of the 157 letters sent by certified mail were returned undeliverable. David Nash, Annexation Coordinator, responded that there were 4 cards returned undeliverable, 81 green cards have come back, and 72 have not yet cleared. The public hearing was opened at 7:32 p.m. and there was none to speak in favor. Appearing in opposition was Carl Williams, 5418 Cactus Court. He stated he was not opposed to annexation, but feels the timing is wrong for this annexation. He said he does not feel the City can afford it and the taxes will have to go up. He is already covered by the Sheriff's Department and would rather the City go up on water and sewer costs that he already has the use of instead of annexing his property. Richard Schulz, 266 Bayfield Loop, objected because the City has it's own problems that he does not want to get involved in. He feels he will not benefit from anything by being annexed. Trudy Rutherford, 5461 Granger Place, stated she already has water and sewer and protection by the Sheriff's Department. She said this annexation would be effective in July, but she will have to pay taxes for the full year. She feels the taxes should at least be prorated. Bob Burch, 447 Hallmark Road, asked for a ballpark figure on cost of water and sewer. And Mr. Powers responded. Mr. Burch also asked if the road is torn up to put down the sewer, would he be assessed for the repaving of the street? Mr. Smith responded that the street would be put back at least to the shape it was in at no cost to the property owners. Mayor Dawkins explained that the property owner pays only a portion of the cost to install water and sewer and streets. Mr. Burch also commented that he was without representation on this matter. Mayor Dawkins responded that if this area is annexed, he will not only have three Councilmembers at-large to represent him immediately, but also one from the district that would be assigned to his area. Ted Hammond, 509 Southwick, stated that he figured that a property owner with 100 front feet of property would have to pay $136 per month for water and sewer. He said that last year the City took $9,000,000 to pay for a new police station and park projects that took away from PWC contributing to water and sewer projects. He continued that the City is planning to put away $4,000,000 and he questioned if any of that money was going to pay for any of the water and sewer. Mayor Dawkins responded that PWC is owned by the City and PWC has stated they would set aside 3 to 4 million dollars out of their electric profits to go to water and sewer. Mr. Hammond asked if the City could rebuild a road without the permission of the property owners. He requested the City to publish a list of all services so they can judge the City's compliance with the state law. He compared the cost of septic tanks with the cost of being annexed. Mr. Smith responded that the City services would be available immediately upon annexation and water and sewer would have to be furnished within two years. Also, a list of City services was supplied at the neighborhood meetings recently held for this annexation. Mr. Smith stated that street rebuilding is usually done in those areas where there is significant storm drainage problems. He is not aware of any streets in the annexation area where rebuilding is planned without petition. James P. Burgio, 314 Reid Court, stated he understands the City's problems with growth and providing sewer and water throughout Cumberland County. However, the property owners to be annexed did not create this problem. He said that if septic tanks are such a problem, they should get the laws changed to stop builders from putting in septic tanks. Mr. Burgio said his taxes and expenses would be increased and doesn't feel they should have to pay now to support other areas that do not have sewer and water. He said he would be pushing for a one-county government, one police force, and a City water/sewer department so that PWC would not have to worry about who they serve. Betty N. McKoy, 5309 Brookfield Road, also appeared in opposition, stating she is happy with the things they use where they are living. She hopes the City will take into consideration the elderly and those less fortunate. There being none further to be heard on this matter, the public hearing was closed at 8:08 p.m. Councilmember Kendrick asked if the majority of those already with water and sewer would have to pay again? Mr. Smith responded that they would not have to pay at all if they already have water and sewer. Councilmember Robertson asked Mr. Smith to respond to the taxation year and fiscal year question (by Trudy Rutherford). Mr. Smith responded that the City Council and County Commissioners set the tax rate by July 1 and those taxes that are billed between July 1 and June 30 are to cover that budget and cover the services for that year. That is the way they are currently paying their County taxes. If they were annexed on January 1, they would get the prorated taxes. But, by being annexed on July 1, they would get the full year of services. Councilmember Cheek asked if there is escrow, would the lender automatically be notified of the annexation or is it up to the individual property owner to ask that their escrow be increased? Mr. Smith answered that we do not notify the escrow agent because we don't know who that is. He suggested that it would be a good idea for those who have escrows to contact their lenders to let them know. Councilmember Massey asked Mr. Smith to let those who came tonight know what their major benefits would be from the annexation process. Mr. Smith responded that it would be difficult to do this without it being on an individual basis. Some people would get more benefits than they would pay for and others would not. The same is true of County taxes, such as school tax when you have no children. The septic tanks are a problem in that when they start to fail, this will affect property values. It does not necessarily have to be your septic tank, but that of one next door or down the street. There is no way that the City, through PWC, can get into an area and get sewer service immediately, so it needs to be done on an orderly planned schedule. These services would have already been provided if we had been under the annexation law in the past. The City is trying to make up for this unfortunate situation, he concluded. There was further discussion concerning Council representation for these areas and how the districts will be assigned. Mayor Dawkins announced that City staff members and PWC staff are available 8:00 a.m. to 5:00 p.m. weekdays and thanked everyone for coming. There being no further business, the meeting was adjourned upon motion and second at 8:22 p.m. REGULAR MEETING MINUTES DECEMBER 6, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET DECEMBER 6, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan 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 for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Louis Chalmers, City Traffic Engineer Mike Walker, City Engineer Frank Simpson, Inspections Superintendent Ken Horne, PWC Purchasing Agent 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 Dr. Tryon Lancaster, Wesley Heights Methodist Church, offered the invocation, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. City Manager Smith requested to remove Item 5S from the agenda and place it on the December 20 agenda. Mayor Dawkins inquired about the agenda for the December 27 Information Meeting for consideration of cancelling that meeting and Mr. Smith responded that there was nothing on that agenda that could not be placed on a later agenda. Councilmember McBryde moved to cancel the December 27 Information Meeting, seconded by Councilmember Robertson and carried unanimously. Councilmember Kendrick requested to be excused from the December 20 and January 3 meetings, due to being out of the country. Councilmember Cheek moved to excuse Mr. Kendrick as requested, seconded by Councilmember Robertson and carried unanimously. At this time, Councilmember Blackwell introduced Angela Blackburn, 4th grade teacher and her students from the College Lake Elementary School, along with the parents that were present. 1. APPROVAL OF AGENDA Councilmember Bolton moved to approve the agenda with the exception of Item 5S, seconded by Councilmember Ross and carried unanimously. 2. Consideration of acceptance of certification of results of November 2, 1993, municipal election from the Cumberland County Board of Elections. Councilmember Bolton moved to accept the election results, seconded by Councilmember Kendrick and carried unanimously. A copy of the election results are attached to and made a part of these minutes. 3. Seating of Mayor and City Council: A. Oaths of Office administered to the City Council by The Honorable A. Elizabeth Keever, District Court Judge. B. Oath of Office administered to the Mayor by The Honorable A. Elizabeth Keever, District Court Judge. At this time Mayor Dawkins and the councilmembers introduced their relatives and friends present in the audience for the ceremony. 4. Organization of the City Council - Election of Mayor Pro-Tempore. Councilmember Bolton stated that in keeping with tradition gone by, he nominated Councilmember Blackwell to serve as Mayor Pro-Tempore, seconded by Councilmember Kendrick and carried unanimously. 5. 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 J, Councilmember Massey requested to pull Items E, D, and I3, and Councilmember Torrey requested to pull Item I for discussion. Councilmember Bolton moved to approve the consent agenda with exception of Items D, E, I, and J. After a second from Councilmember Torrey, the consent agenda and following items were unanimously approved. A. Approve minutes of information meeting of September 27, 1993. B. Approve minutes of regular meeting of November 15, 1993. C. Approve minutes of information meeting of November 22, 1993. D. (Pulled from agenda) E. (Pulled from agenda) F. Approve award of contract for electric transmission and distribution line relocation for the CBD Loop from Southern Avenue to Wilkes Road (NCDOT project) to Weeks Construction Company, low bid, in the amount of $184,424.59. (PWC) Bids received were as follows: Weeks Construction Company (Asheboro, NC) $184,424.59 Lee Electrical Construction, Inc. (Aberdeen, NC) $202,282.33 Stackhouse, Inc. (Goldsboro, NC) $284,579.30 Williams Electric Company (Shelby, NC) $293,157.38 Harrison-Wright Company, Inc. (Charlotte, NC) $341,417.98 G. Set public hearing for December 20, 1993, to consider the establishment of the number of Certificates of Convenience and Necessity for Taxicabs operating within the City of Fayetteville. H. Approve request from Habitat for Humanity for transfer of City property. Deeded lots 8, 9, and 10 on Sessoms Street for Habitat Village Phase I. I. (Pulled for discussion) J. (Pulled for discussion) K. Set public hearing for December 20, 1993, to consider speed limit changes for Northview Drive, Old Colony Place, Saint George's Hill. L. Adopt ordinance revising Section 20-106 of the Fayetteville City Code: Schedule #6 - Stop Intersections. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #6-STOP INTERSECTIONS, VARIOUS SUBDIVISIONS). ORDINANCE #NS1993-066. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. M. Adopt resolution setting public hearing for January 6, 1994, to consider the closing of Lark Street. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE LARK STREET. RESOLUTION #R1993-089. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. N. Authorize advertisement for upset bids for sale of surplus street right-of-way on Barrington Circle. O. 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 Morganton Road between Skibo Road and the All American Expressway. (P93-124) P. Approve the rezoning from R15 Residential District to R10 Residential District or to a more restrictive zoning classification, and the addition of Manufactured Housing Overlay District for same for an area located on the south side of L.A. Dunham Road (SR2005), east of NC HWY 53 (Cedar Creek Road). (P93-129) Q. Authorize advertisement for exchange of easements - Adams Court Apartments. R. Refer to Joint Planning Board an amendment to zoning ordinance - concession sales at recreation centers. S. (Pulled from agenda) T. Approve request for legal representation from Jerald J. Parks. 2D. Approve award of contract for purchase of one chassis with 12 cubic yard dump body to LaFayette Ford, low bid, in the amount of $51,100.00. (PWC ) Bids received were as follows: LaFayette Ford (Fayetteville, NC) $51,100.00 Sir Walter Chevrolet (Raleigh, NC) $52,123.00 Councilmember Massey asked how many of the seven nonbidders were local. Ken Horne, PWC Purchasing Agent, responded that five were local. Councilmember Massey moved to award the contract to the lowest bidder as recommended, seconded by Councilmember McBryde and carried unanimously. 2E. Approve award of contract for purchase of Substation Voltage Regulators to Scott-Parish, low evaluated bid, in the amount of $109,524.00. (PWC) Bids received were as follows: Scott-Parish (Raleigh, NC) $109,524.00 HESCO, Inc. (Smithfield, NC) $93,648.00 Councilmember Massey asked if any of the six bidders were local. Mr. Horne responded that none were local. Councilmember Massey moved to award the contract as recommended, seconded by Councilmember Robertson and carried unanimously. 2I. Approve the following Finance matters: 1. Adopt Capital Project Ordinance Amendment 94-6. The Federal Aviation Administration has awarded the City $326,227 for various airport improvement projects including airfield signage, land acquisition and canopies. The actual award is less than the initial notification provided in September due to the reprogramming of funds for the completion of the Fire Training Facility (AIP-12) project. The amendment reflects the adjusted award amount from the FAA. The City's local match is budgeted in the Airport's annual operating budget. 2. Adopt Capital Project Ordinance Amendment 94-7. The amendment appropriates various owner contributions for sidewalk improvement projects. The bulk of the owner contributions are the result of the City's sidewalk project on Village Drive. Councilmember Torrey asked for a clarification on this. Mr. Smith responded that when we do sidewalk participation projects where the property owners are required to put up a portion of the project, we have a budget amount every time we spend a dollar. This amendment is appropriating the money that we have now received as a result of Council's approved project. 3. Adopt resolution appointing Tax Collector and Deputy Tax Collector for the City of Fayetteville. RESOLUTION - #R1993-090. Councilmember Torrey asked if the proposed appointed Deputy Tax Collector is on the payroll now. Mr. Smith responded that statute requires that Council designate someone as the City Tax Collector and Deputy Tax Collectors. Cumberland County collects our taxes per an interlocal agreement and the Deputy Tax collector is an employee of our Finance Department so that they can sign certain documents. Councilmember Massey asked if Roxanne Rasmussen moves into that position, will her vacated position be filled? Mr. Smith responded that software for the financial system is being bid and this might eliminate the need to fill that position. The position is being filled by one of the temporary job services at this time. Councilmember Torrey moved to approve Item 5I and adopt the resolution for number 3 as requested, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 5J. Adopt ordinances imposing liens on the following: 1. 521 Adams Street 2. 1013 Ellis Street 3. 1106 Powell Street 4. 434 Wilmington Road 5. 417 Gillespie Street 6. 1712 Murchison Road 7. 510 Woodsdale Street 8. 127 Byrd Street 9. 406 McIver Street 10. 1308 Jacob Street 11. 1228 Deep Creek Road Councilmember Bolton asked for the procedure for imposing liens. Frank Simpson and John Smith responded to the procedures and stated this is a method to recoup the cost of the demolitions expended by the City following a nonpayment of the invoices. Councilmember Ross stated that on one of the demolitions Mr. Rufus Washington is a co-owner and also does this type of work. She asked if he was given the opportunity to do this work? Mr. Simpson answered that Mr. Washington was the low bidder on that particular property, was issued a 30-day demolition permit; however, he failed to demolish the building or respond to any attempts made to contact him. Mr. Simpson awarded the bid to the next lowest bidder. Councilmember Cheek asked what the interest rate on the items would be and Mr. Cogswell answered that it was the same interest that the tax office gives. Councilmember Blackwell moved to adopt the ordinances imposing liens as recommended, seconded by Councilmember Kendrick and carried unanimously at 7:30 p.m. The ordinance titles are as follows: AN ORDINANCE IMPOSING A LIEN (521 ADAMS STREET). ORDINANCE #NS1993-067. AN ORDINANCE IMPOSING A LIEN (1013 ELLIS STREET). ORDINANCE #NS1993-068. AN ORDINANCE IMPOSING A LIEN (1106 POWELL STREET). ORDINANCE #NS1993-069. AN ORDINANCE IMPOSING A LIEN (434 WILMINGTON ROAD). ORDINANCE #NS1993-070. AN ORDINANCE IMPOSING A LIEN (417 GILLESPIE STREET). ORDINANCE #NS1993-071. AN ORDINANCE IMPOSING A LIEN (1712 MURCHISON ROAD). ORDINANCE #NS1993-072. AN ORDINANCE IMPOSING A LIEN (510 WOODSDALE STREET). ORDINANCE #NS1993-073. AN ORDINANCE IMPOSING A LIEN (127 BYRD STREET). ORDINANCE #NS1993-074. AN ORDINANCE IMPOSING A LIEN (406 MCIVER STREET). ORDINANCE #NS1993-075. AN ORDINANCE IMPOSING A LIEN (1308 JACOB STREET). ORDINANCE #NS1993-076. AN ORDINANCE IMPOSING A LIEN (1228 DEEP CREEK ROAD). ORDINANCE #NS1993-077. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinance Book NS1993. 6. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for speakers on public hearings and nonpublic hearings. A. Consideration of the rezoning from R5 Residential District to C3 Heavy Commercial District and R6 Residential District to M2 Industrial District or to more restrictive zoning classifications for an area located at 1200-1/2 Ramsey Street. (P93-85) Al Mitchell, Assistant Planning Director, presented this item stating that Planning Board and Planning Staff recommends approval of the rezoning from R5 Residential District to C3 Heavy Commercial. Councilmember Cheek asked for clarification on the R6 Residential District to M2 Industrial District portion and Mr. Mitchell responded that this is not being considered at this time, because it has already been zoned. The only thing under consideration is the R5 portion. The public hearing was opened at 7:44 p.m. and speaking in favor was Herb Thorp, 2925 Sky Drive. He gave the history of this property and stated they want to continue to do the same business they've been doing for the last 50 years. He stated they are concerned for the citizens of North Street also. Mr. Thorp concluded by saying if this piece of property was not rezoned to allow them to store materials there, they would have to move across the road which would create more dust and traffic for the North Street residents. There were approximately 60 employees present, in favor of this rezoning. Councilmember Blackwell asked Mr. Thorp if this rezoning would affect the jobs of the employees presently working there. And Mr. Thorp answered that it would not. Councilmember Ross was concerned for the low-income and senior citizens in that area because of the added dust and traffic moving closer to the residents. Speaking in opposition was Reverend Michael Brinkley, Sr., 606 Brinkley Street, and Reverend John D. Wesley, 1207 North Street Extension. They were both concerned with the senior citizens living in that environment and that Mr. Allen might not expand today but he might in the future. They were also concerned with the junk and septic tanks that were stacked on the property facing the residents. Mr. Thorp spoke in rebuttal, stating that the septic tanks that were stacked there were moved when it was brought to their attention of being unsightly to the North Street residents. There being none further to speak on this matter, the public hearing was closed at 8:07 p.m. Following some discussion, Councilmember Ross asked Mr. Leroy Fisher, in the audience, if he was in favor of this rezoning. Mr. Fisher answered that he was speaking for the residents and they were not in favor of rezoning from residential. Councilmember Blackwell asked Mr. Fisher if he has been in conversation with Mr. Thorp or Mr. Allen saying that he agreed with the proposed changes. Mr. Fisher answered that he had not. There was further discussion. Councilmember Cheek moved to rezone to C3 Heavy Commercial District as recommended, seconded by Councilmember McBryde. Following some further discussion, Councilmember Massey offered substitute motion to continue the decision until the December 20 meeting, seconded by Councilmember Ross. Following Mr. Blackwell's observation that additional Council discussion and a delay in the decision would not alter the facts of this item, Councilmember Massey withdrew his substitute motion and Mrs. Ross withdrew her second. Mayor Dawkins called for a vote on the original motion, which was by Councilmember Cheek to rezone to C3 Commercial as requested and the motion was defeated 3 to 6 with Councilmembers Ross, Robertson, Massey, Kendrick, Torrey, and Blackwell voting in opposition. B. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, NC. (Petition-Initiated Contiguous Annexation Area - Property of Ellen O. Bill, 3748 Ramsey Street) Deputy City Manager Stancil presented this item stating that it is by petition and is contiguous to the city limits. The recommendation was for adoption of the annexation ordinance. The public hearing was opened at 8:45 p.m. and speaking for the petitioner was Marlene Reed, attorney, stating that this piece of property is in the commercial area and is proposed for a Wendy's restaurant franchise. There being none further to be heard in favor or opposition, this public hearing was closed at 8:47 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE (ELLEN O. BILL PROPERTY, 3748 RAMSEY STREET). ANNEXATION ORDINANCE #93-12-374. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Ross and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1993. 7. Consideration of a resolution of the City Council of the City of Fayetteville adopting revision to the electoral district boundaries of the City for the purpose of accounting for territory annexed to the City. (Assignment to District 1) A RESOLUTION ADOPTING REVISION TO THE ELECTORIAL DISTRICT BOUNDARIES OF THE CITY FOR THE PURPOSE OF ACCOUNTING FOR TERRITORY ANNEXED TO THE CITY. RESOLUTION #R1993-091. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 8. Consideration of amendment to Annexation Report 200. City Manager Smith presented this item stating that Council is concentrating on urban areas to be annexed to the City and the area that was previously reported for Area 200 includes farm land. The amendment is to delete this farm land from this report and annexation. There is also a correction to the legal description on page 6A, sixth line from the end. N 12 degrees should read N 13 degrees. Councilmember Bolton moved to follow the request to amend the annexation report #200 and with the correction in the legal description, seconded by Councilmember McBryde and carried unanimously. 9. Consideration of adoption of ordinances to extend the corporate limits of the City of Fayetteville, under the authority granted by Part 3, Article 4A, Chapter 160A of the general statutes of North Carolina for the following: A. Area 200 - Consisting of the following subdivisions: Devonwood, Lake Shores, Murray Fork, The Lakes, Foxfire, Yadkin Acres, Lake Valley. City Manager Smith presented this item with a recommendation to adopt the annexation ordinance in accordance with the amended report deleting the farm land. 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 200). ANNEXATION ORDINANCE #93-12-375. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1993. B. Area 204 - Bullard Furniture Site - 4901 Morganton Road. This item was presented by City Manager Smith with a recommendation to adopt the ordinance. 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 204). ANNEXATION ORDINANCE #93-12-376. Councilmember Ross introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1993. 10. Consideration of lease agreement for space in the Cape Fear - Yadkin Valley Depot building. Councilmember Kendrick requested Deputy City Manager Stancil describe the lease for clarification. Mr. Stancil responded to this and stated that the proposal from Shuller/Ferris Associates Architects submitted in the packet would need to be negotiated further. Mr. Stancil's recommendation was to approve the lease to Watson Caviness until the other proposal can be reviewed further. Councilmember Cheek moved to adopt the resolution authorizing a lease to Mr. Caviness as outlined in the Council packet, seconded by Councilmember Torrey. Following some discussion, Councilmember Robertson offered a substitute motion for 60 days more of a per month basis lease to Mr. Caviness until staff can negotiate with Shuller/Ferris Associates. Councilmember Kendrick stated he would have to vote against the lease-purchase because of loss of potential government aid. Mayor Dawkins called for a vote on the substitute motion and it was defeated 3 to 6 with Councilmembers Blackwell, McBryde, Bolton, Massey, Cheek, and Kendrick voting in opposition. Mayor Dawkins then called for a vote on the main motion and it carried 8 to 1 with Councilmember Robertson voting in opposition. The resolution title is as follows: A RESOLUTION FOR LEASE OF CAPE FEAR/YADKIN VALLEY DEPOT BUILDING TO WATSON CAVINESS. RESOLUTION #R1993-092. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 11. Report from Streets and Roads Committee: A. Consideration of City Adopt-A-Street Program. Councilmember Kendrick, Chairman of Council Streets and Roads Committee, moved to adopt the City Adopt-A-Street Program, seconded by Councilmember Bolton and carried unanimously. 12. Consideration of bonus plan for City employees. City Manager Smith recommended approval of the $200 Christmas bonus to all full-time City employees and that the reduced share be given to the permanent part-time employees. Councilmember McBryde moved to approve the bonus for the City employees as recommended, to include City Manager Smith and City Attorney Cogswell. The motion was seconded by Councilmember Ross and carried unanimously. At this time, Councilmember McBryde requested that staff work on an additional way for Council to recognize the City employees for all their hard work, not only on the goals for Council but for the hard work that was done during the NCLM Convention. Councilmember Bolton also wanted to tell the employees how proud he was at the reception in Orlando, Florida when he was there for the National League of Cities because of all the comments from people praising the employees for what they had done for the City of Fayetteville during the NCLM convention. 13. APPOINTMENTS A. Nominations to fill three vacancies on Fair Housing Hearing Board. There were no nominations to fill the category for real estate or attorney. B. Nominations to fill five vacancies on Appearance Commission. Councilmember Blackwell nominated Dr. Pat Brady, landscape category for a first full term; Robbie Ferris, architect category for a second term; Beverly Stewart and Dawn Hester, for a second term in the at-large category. Councilmember Cheek nominated Marion Humpheries in the at-large category to fill Jim Hankins' vacancy. C. Nominations to fill two vacancies on Personnel Review Board. Councilmember Massey nominated John C. Mitchell and Charles Darlington to serve second terms. D. Nominations to fill three vacancies on Redevelopment Commission. Councilmember Cheek nominated Eva Ruth to serve a first full term. Councilmember Ross nominated Beulah Wallace for a second term. There were no nominations for the vacancy of John Hood. 14. ADMINISTRATIVE REPORTS A. Report on request from Rose Lake property owners. This item was submitted in the agenda packet. B. Report on traffic operations on Ferncreek Drive, north of Raeford Road. Councilmember Kendrick moved to adopt the ordinance prohibiting parking on both sides of Ferncreek Drive, seconded by Councilmember Massey and carried unanimously. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #11-PARKING PROHIBITED). ORDINANCE #NS1993-078. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1993. C. Report on proposed improvements of Oakridge Avenue from Hay Street to West Rowan Street. This item was presented in the agenda packet. Councilmember Kendrick moved to have the information item regarding Robeson Street at Levy Street and Ramsey Street at Methodist College South entrance to be placed on the agenda for the Council's regular meeting of January 18. The motion was seconded by Councilmember Cheek and carried unanimously. Councilmember Ross requested that something be done at Commerce Street entrance to Robeson Street, because it is so hard for people to enter Robeson Street from Commerce. Councilmember McBryde moved to refer this matter to the Council Streets and Roads Committee, seconded by Councilmember Robertson and carried unanimously. There being no further business, the meeting was adjourned at 9:25 p.m. upon motion and second. REGULAR MEETING MINUTES DECEMBER 20, 1993 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET DECEMBER 20, 1993 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); and Suzan Cheek (District 5) Members absent: Mark Kendrick (District 6) - excused Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Louis Chalmers, City Traffic Engineer Mike Walker, City Engineer Frank Simpson, Inspections Superintendent Kai Nelson, Finance Director Al Mitchell, Assistant 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 Elder James Powell, Gate Plaza Church, 4901-05 Murchison Road, and Deborah Tice, executive director of Gateways to Early Learning and Childcare Center, were introduced by Mayor Dawkins. The Mayor then called on Elder Powell to offer the invocation, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Jennifer Sutton, Miss Fayetteville 1994, was presented a dozen red roses by Mayor Dawkins. Ms. Sutton then presented a football necktie to the Mayor. 1. APPROVAL OF AGENDA City Manager Smith stated that Items 2H and K should show "approval by resolution." Councilmember Bolton moved to approve the agenda with the addition, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Kendrick absent. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if items should be removed before calling for action. Councilmember Cheek requested to pull Item K for discussion. Councilmember Bolton moved to approve the consent agenda with the exception of Item K. After a second from Councilmember McBryde, the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting December 6, 1993. B. Approve tax refunds over $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. C. Approve award of contract for purchase of a Three Phase Transformer Test Set to Avo Biddle, low bidder in the amount of $121,000. (PWC) Bids received were as follows: Avo Biddle (Blue Bell, PA) $121,000.00 Phenix Technologies (Accident, MD) $121,450.00 Hipotronics (Brewster, NY) $126,130.00 D. Adopt Sanitary Sewer System-Cross Creek Wastewater Treatment Plant Capital Project Fund Budget Amendment #2 in the amount of $1,457,394. (PWC) E. Adopt resolution authorizing the exchange of property between the City of Fayetteville and Adams Court Apartments Limited Partnership and acceptance of utility easements. A RESOLUTION AUTHORIZING THE EXCHANGE OF PROPERTY BETWEEN THE CITY AND ADAMS COURT APARTMENTS LIMITED PARTNERSHIP AND ACCEPTANCE OF UTILITY EASEMENTS. RESOLUTION #R1993-093. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. F. Adopt ordinance revising Section 20-106 of the Fayetteville City Code: Schedule #16 - Removal of Right Turn on Red Prohibition. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 16 - PROHIBITION OF RIGHT TURN ON RED SIGNAL, GILLESPIE STREET, AT EASTERN BOULEVARD, SOUTHBOUND.) ORDINANCE #NS1993-069. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book #NS1993. G. Authorize advertisement for upset bids for sale of surplus street right-of-way on Village Drive. H. Approve renewal of Cape Fear Studio Lease by adoption of resolution. A RESOLUTION AUTHORIZING THE LEASE OF CITY PROPERTY TO CAPE FEAR STUDIOS, INC. RESOLUTION #R1993-094. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. I. Adopt resolution setting a public hearing for January 18, 1994, for the closing of Hadley Street from Sessoms Street to Montgomery Street. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE HADLEY STREET. RESOLUTION #R1993-095. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. J. Adopt resolution authorizing the advertisement for sale of City surplus property located on the east side of Southern Avenue. A RESOLUTION AUTHORIZING THE ADVERTISEMENT FOR SALE OF CITY PROPERTY. RESOLUTION #R1993-096. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. K. (Pulled for discussion.) L. Adopt resolution authorizing sale of surplus street right-of-way on Barrington Circle. (No resolution required.) M. Adopt resolution setting public hearing to consider the closing of an alley off Franklin Street. (January 18, 1994) PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE AN UNNAMED ALLEY RUNNING WESTERLY OFF FRANKLIN STREET. RESOLUTION #R1993-098. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. N. Adopt Budget Ordinance Amendment 94-5. The city's application to Mid-Carolina Area Agency on Aging for purchase of furniture has been approved. The Area Agency on Aging has awarded the city a grant in the amount of $2,058. The grant requires a local match in the amount of $229 which will be provided from Parks and Recreation Department funds. O. Adopt Special Revenue Project Ordinance Amendment 94-7. The amendment appropriates unexpended funds ($1,000) from a previous project closeout to the Police Athletic League. The League supports various programs including judo instruction and the mentor program. P. Approve award of contract for Milligan/Keefe drainage construction to Crowell Constructors, Inc. in the amount of $173,006.50. Bids received were as follows: Crowell Construction Inc. $173,006.50 Dellinger Inc. $185,291.00 McDonald Grading Company $187,451.00 Nortec Construction Service $191,653.13 2K. Approve by resolution of Lease Agreement between City of Fayetteville and County of Cumberland for space in former city hall building. Councilmember Cheek stated she has no problem with this six-month lease renewal, but feels that $7, which includes utilities, is very reasonable. She requested that a cost benefit comparison with what it is costing us to lease and how we compare with other good quality office space be done before all of these leases are up for the next renewals. Dr. Cheek then moved to adopt the resolution for the lease agreement between the city and Cumberland County for parts of the old City Hall. The motion was seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Kendrick absent. The resolution title is as follows: A RESOLUTION AUTHORIZING THE LEASE OF CITY PROPERTY TO THE COUNTY OF CUMBERLAND. RESOLUTION #R1993-099. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 3. PUBLIC HEARINGS: Mayor Dawkins read the time limit for speakers on public hearing and nonpublic hearing matters. A. Consideration of establishment of the number of Certificates of Convenience and Necessity for Taxicabs operating within the City of Fayetteville. This item was presented by Jerome Brown, Taxicab Review Board chairman, with a recommendation to let the certificates remain at 110. Councilmember Massey asked if the impact of the additional upcoming annexations were considered. Mr. Brown responded that this had been taken into consideration, but feels that until data supports an addition that Council let it remain at 110. The public hearing was opened at 7:16 p.m. and there being none to speak in favor or opposition, the public hearing was closed. Councilmember Bolton moved to approve the 110 Certificates of Convenience and Necessity for taxicabs operating in the city. B. Consideration of the rezoning from R15 Residential District to R6 Residential District or to a more restrictive zoning classification for an area located at 2908 Cliffdale Road. (P93-112) Assistant Planning Director, Al Mitchell, presented this item with a recommendation by the Planning Board and Staff for denial of the requested rezoning to R6 Residential District, because the 1971 Land Use Plan calls for low-density residential development at this location and finds that all or any portion of this tract is not suitable for the R10 Residential District. The 2010 Land Use Plan calls for low-density residential development at the location. The public hearing was opened at 7:18 p.m. Appearing in favor of the rezoning was Mike Schmidt, 5303 Raeford Road, speaking for his mother, Mary Schmidt. He said, the property was purchased before the mall was built and both the Morganton and Cliffdale Roads were two lanes each. The family had to move from the house that is now boarded up, because of the noise and traffic along these two roads. Randy Gregory, 121 Ellerslie Drive, appeared in opposition, stating that he agreed it was not suitable to live there, but there is no guarantee of what would be put in that area if it was rezoned. Mr. Gregory had several suggestions that the Schmidts might do to the lot. Mr. Schmidt appeared in rebuttal asking Council to delay action until some of the suggestions could be checked into. Councilmember Blackwell asked if Mr. Schmidt has any other possibilities for this lot. Mr. Gregory answered that only apartments have been suggested, and he does not feel they will work there either. There being none further to be heard on this matter, the public hearing was closed at 7:37 p.m. Councilmember McBryde moved to follow the Planning Board's recommendation to deny the rezoning, seconded by Councilmember Cheek. Councilmember Ross asked Mr. Mitchell what else can be put there in R6 zoning and he responded that it will allow medical. Councilmember Ross offered substitute motion to delay action. The substitute motion died for a lack of a second. Mayor Dawkins returned to the main motion, which was to deny the rezoning request and it carried 7 to 1 with Councilmember Ross in opposition and Councilmember Kendrick absent. Councilmember McBryde added that if Mr. Schmidt can come up with some alternative uses for this lot, then Council can put this back on the agenda at any time. C. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour for Northview Drive, Old Colony Place, Saint George's Hill. This item was presented by Traffic Engineer Chalmers stating that he has received a petition signed by a majority of the residents requesting the speed reduction to 25 mph for the listed streets. The public hearing was opened at 7:43 p.m. And speaking in favor was Alfred J. Lemire, 310 Barkley Drive, President of Van Story Hills Association. He stated they were wanting the speed limit reduced not just to abate the noise, but for the protection of the children living and playing in the area. There being none further to be heard on this matter, the public hearing was closed at 7:44 p.m. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL). ORDINANCE #NS1993-070. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilember McBryde and carried unanimously 8 to 0 with Councilmember Kendrick absent. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book #NS1993. 4. Consideration of request from Councilmember Nat Robertson to reconsider the rezoning from R5 Residential District to C3 Heavy Commercial District and R6 Residential District to M2 Industrial District or to more restrictive zoning classifications for an area located at 1200-1/2 Ramsey Street. (P93-85). City Manager Smith stated that Council is to consider only the R6 Residential District to C3 Heavy Commercial District. The same error on the agenda was brought forward to this agenda. Councilmember Robertson stated he believes there has been considerations made and comprises done between the property owner and area residents; therefore, Councilmember Robertson moved to reconsider the action on this item, seconded by Councilmember Bolton. Mayor Dawkins called for the vote to reconsider this item and it carried 8 to 0 with Councilmember Kendrick absent. Councilmember Torrey asked what considerations had been made. Mr. Robertson asked Herb Thorp what had transpired between the neighbors since the last meeting. Mr. Thorp responded that they had met with the residents of the neighborhood and one of the problems they had was an adequate buffer. The owner has agreed to erect a block wall around the affected area to be rezoned. They have also agreed to water-down the storage site on the property being rezoned C3, as well as the traffic. Mr. Thorp stated he feels there is simply a better understanding in the neighborhood, that it would be to their best interest, traffic-wise, if the company did not have to use the property across the street for storage. City Attorney Cogswell pointed out that C3 Zoning has 28 separate uses and if the measurements permit, they could have an adult use there. Council should consider the property and not the promises made as to what will be put there, because if it were sold, then anything could be put there. Councilmember Ross asked what Clinton Harris wanted to say to Council. Mr. Harris wanted to know how high and how thick the wall would be for the buffer. And if they have or are going to put in some sediment tanks, so that the water would not go directly into the water system that filters over the sand and cement. Councilmember Cheek moved to set a public hearing for January 18 to hear from the neighbors as well. The motion was seconded by Councilmember Blackwell and carried 5 to 3 with Councilmembers Ross, Robertson, and Massey opposed and Councilmember Kendrick absent. 5. Consideration of award of contract for exchange of weapons. City Manager Smith presented this item and recommended approval of advertisement of exchange of weapons. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Kendrick absent. The following is verbatim of Item 6 as requested by Councilmember Cheek: 6. Consideration of transfer station lease. Dawkins: Item 6 is Consideration of transfer station lease. We have our Deputy City Manager, Mr. Roger Stancil, and hopefully, we all received a memorandum on this. Stancil: As you instructed us to, we did, the Winslow Street transfer station had two bids. One for $1,800 per month and one for $5,115 per month. Robertson: I wonder which one we should take? Stancil: As we look through the proposal from BFI, they indicated they intended to haul garbage from this transfer station to Sampson County. I wrote a letter to Mr. Essick, asking him how the city's intention to adopt the flow control ordinance of Cumberland County would affect their plans. And as you can see, he responded to that question by saying, by questioning, as BFI does, the flow control ordinances and stating that whatever the termination of the courts were, that they would comply with those laws and suggesting that, if that should actually happen, that BFI would like to seek a renegotiation of the lease. But not withdrawing from the bid made on November 9. Considering that, we would, I'd recommend that you authorize the lease with BFI of the transfer station as advertised with the notice to BFI, that the City does intend to honor it's agreement with Cumberland County regarding the adoption of a flow control ordinance and that we would not intend to renegotiate the lease rate at that time. And that would also require a resolution. McBryde: Mr. Mayor. Dawkins: All right, Let me... Mr. McBryde. McBryde: You're advising that we go into this thing knowing pretty well that they are not going to be able to do the business to pay the rent. Isn't that basically what I read? Stancil: Well, no, they've made an offer of $5115... McBryde: I know they made it, and then they're saying we think the law's going say for two years that we can continue to do this and the City feels like the law's not going to do that. I don't think that's right for, I mean I think we'd be stupid if we did that. I think we ought to find out a little more before we agree to something like that. I mean it's great for us to get the 5000 bucks, but I think we're... Stancil: They made the proposal knowing that. McBryde: I know that, but basically you think that they can't do what they're saying too, don't you? Stancil: But they think they can. McBryde: I know, but you think they can't. Stancil: Right. McBryde: In good conscience, I couldn't vote to do something like that to them unless, unless everybody's absolutely sure they could do it. Then let's do it. Dawkins: You want to go ahead Roger? Stancil: I was just going to say that, when the, when the lease was advertised, everybody has known that the City of Fayetteville has an agreement with Cumberland County to adopt the flow control ordinance that I believe the County is adopting tonight. That was not an unknown factor. Everybody knew that. BFI made its proposal and so did ARS with that knowledge. The issue is a legal challenge in the courts that we don't know how long that challenge will take. But BFI believes that the City of Fayetteville cannot adopt a flow control ordinance, cannot enforce it and you have an agreement to adopt that flow control ordinance. But they know that and they stated in their letter that they're willing to rent that facility. McBryde: I understand, but I don't... Smith: I think, I understand your concern, but I guess the question is, what is the alternative. They're interested in leasing the facility. If we don't lease it to them, then I think we would turn around and I assume lease it to ARS, who hasn't questioned the flow control ordinance. My understanding is from the letter they have submitted to us, that they are interested in renting the facility at the $5000 per month. McBryde: (garbled) my point is that we're pretty sure that they (garbled) ____: (garbled) McBryde: And I really think we ought to talk a little bit more about it. If they come back in another month or so, and insist they can, I'll go along with it. Smith: That's why we sent, that's why we did, we sent them a letter. We wanted to make it perfectly clear that it was the City's intent to adopt the flow control ordinance. McBryde: Yeah. I did... Stancil: ...that we intend to adopt a flow control ordinance. McBryde: I worry that we're...I don't know. I don't think it's quite right. Dawkins: Well let me, all right let me go then next to Dr. Cheek and Ms. Ross. Cheek: Okay, if the flow control ordinance is ruled unconstitutional, we still have the commitment to put the city's waste in the BCH plan once it's built. And how can we assure that, is that, can we do that anyway, even if the flow control ordinance is ruled unconstitutional? Smith: The flow control is, I think it depends on how, how the thing ends up in court. And there's some discussion even in Congress about tieing it to interstate commerce and so on. I think it's a real unknown at this point. The City has made a couple of commitments to the County. Number one is that we will take our garbage, the garbage that we collect, to the County for the BCH project. Ross: That's right. Smith: We have also said by agreement that the county, the city would adopt a flow control ordinance essentially in compliance with the county's ordinance that they would adopt, which would require anyone collecting waste in Cumberland County to take it to that facility. I'm not an attorney, but it would seem to me that if the flow control is declared unconstitutional, the only thing that would apply to would be the ordinance requiring private haulers. I would think the City could still honor it's commitment as a carrier, to carry its waste. Well now, we're talking about here at the police and the transfer station, any solid waste that BFI is picking up by contract whether its in the City, out of the City or wherever they may be picking it up. This is not the waste the City is currently picking up. The waste we're currently picking up will not go to the transfer station, we're out of the transfer station. Cheek: But it's the commercial waste that the City is paying, the service that the City is providing, isn't it, that we're paying them for. Smith: No ma'am. We, that's contracted with ARS currently. BFI currently has no contract with the City for any of the City's collection. The only contract they would have would be to lease this facility from us. And I guess, you know, my response would be if everybody is going into this thing with their eyes wide open, I don't really have a problem with it. You know, if we're going to say, well, in order to protect BFI, we don't think we ought to lease it to them, cause they don't know what they're doing. I mean, then we could turn around and lease it to ARS because they do at a much lower rate. That's my concern. McBryde: I'm saying we ought to let them look at it one more time. I think we ought to be willing to renegotiate it if things get real bad, too. Robertson: We've been doing this for six months, haven't we? Smith: I think the other concern is, I'm not sure how much longer the BFI proposal is good for. It was for thirty days. I think that may be, if they're willing to extend it, we can certainly talk to them. But I, that was the purpose of our correspondence with them, was to let them know, get on the record that, yes we are in fact committed to adopt a flow control ordinance which would impact this facility. Dawkins: All right, let me, thank you Mr. Smith, let me go next, were you through Dr. Cheek? Cheek: Do we know, do we have a copy of this? We don't. Do we have a copy of the flow control? Stancil: Yes. We have a copy of the proposals are in here and the bid sheet from ARS and a bid sheet from BFI. McBryde: Then there's a letter in the back from BFI responding... Cheek: Right, yeah, I have that. I was looking at the, and there's no problem, what does it say in the lease about renegotiation? Stancil: Actually it's a six, either party can contract, can cancel that lease within six months. Cheek: Which page are you on? Stancil: Six months notice, let me see... (garbled) Dawkins: While we're looking at, let me go, Ms. Ross, did you want to say something on this matter. Ross: Yes, when do we contract to BFI? Dawkins: That's what we're talking about, we have... Ross: We have (garbled), remember our City employees... Dawkins: Right, this... Ross: They went with ARS. Are they, will they be affected? Smith: No ma'am. Dawkins: No, no, no. Smith: It does not affect any... Dawkins: No. This is just a building that we're talking about on Winslow. Ross: Oh, okay. (garbled) Dawkins: Trying to, okay let's... Stancil: Well no, it says we can cancel with sixty days written notice. The City can cancel in paragraph 21, but, I believe I must be mistaken about the six month notice. I can't (garbled)... Cheek: Excuse me, does this have that right, the right that we've run into when we were trying to condemn, condemn buildings and then the wrecker, we had to pay off the wrecker. Is this a case that we're giving people right for anticipated income that we would, would we have any problem in canceling the lease and would that, their anticipated income become a problem? Dawkins: That, Bob, you want to come up? Cheek: Okay, my question Bob, when we were, had the man who was going to tear down the building and then we took back the condemnation, we had to pay his part of his anticipated profits and... Cogswell: That he could prove, yes ma'am. Cheek: Right, okay, and in this case, they can certainly, I assume, if they wanted to keep this, is there any problem with them doing it because of their anticipated financial benefit from having this lease with us. Cogswell: Anytime you break a lease, anytime you break a contract, you're liable for the, what they can prove is lost profits. You can't speculate. That anybody can, if they can prove lost, on paper they can show it and satisfy then they're entitled to their lost profits. Cheek: Well, if they, if they have a profit making deal now, and I don't know anything about the deal, but if they show and it's going to continue for five years, then it seems to me that would be, they could show that they can be making profits. Cogswell: We can't necessarily say the rent payment is a profit. You just can't say that's what their profit is going to be. Cheek: No, I realize that, that they're taking it somewhere and they've got a whole deal set up that we're certainly not privy to. And they're not doing it through the kindness of their heart, I'm sure. Cogswell: Oh, no. You run that risk in any contact. And we don't have a liquid and damages clause in this contract, if that's what you're saying. There is not one. You don't normally put one of those in a lease. Smith: But we have clearly stated our intent up front. That the City will adopt a flow control ordinance. So that's not an unanticipated act on the part of the City. Cheek: Okay, does that get us off the hook then, Bob? Cogswell: I can't answer that one. That takes some research. Dawkins: Well it seems like item 21 would. It's spelled out. Pretty clear. I mean if we want to come out of here. Cheek: We can come out, but we have to pay. Smith: There's also a provision that we can cancel the lease and quite frankly the reason for that is, is because if, for any reason the City ever decided we needed to use that facility again, we need to go get back in there and get it. And of course, all of this was part of the lease agreement that was advertised, that everybody was bidding, using the same knowledge and on the same basis, on the same facts. There were some attempts to modify, significantly, the lease contract, and we resisted that and maintained that everybody bid on the same contract. Cogswell: Twenty-one would get us out if we could show it's in the best interest of the public to do it. There wouldn't be any damages then. Cheek: I'm sorry. I can't hear you, Bob. Cogswell: Paragraph 21, if we could show was in the best interest of the public, that we take it over, then that gets us out of it, without any damages, on 60 days notice. Cheek: Okay. If that gets us out of it then. Bolton: Mr. Mayor. Cheek: Without damages. Dawkins: Okay. Cogswell: We'd have to satisfy...It's in the best public interest that we're getting out. Dawkins: You through? Cheek: Yes, thank you. Dawkins: All right, let me go to Mr. Bolton. Bolton: I just want to make a motion that we adopt the lease agreement as outlined knowing that there's been full disclosure. All parties are aware and fairness has been given. Blackwell: Second. Dawkins: Okay. Moved by Mr. Bolton, second by Mayor Pro-Tem Blackwell. Is there any discussion on the motion. That this to BFI. By resolution. Smith: Effective January 1. Bolton: Add all those things to what I said, Mr. Mayor. Dawkins: Okay, January 1. Of course, it is a reso...any discussion on that motion? All right, council, I'll ask for your vote. And the vote is, one, two, three, four, five, seven to one, Mr. McBryde voting in opposition. Thank you so much, so the resolution is adopted effective January 1, 1994. A RESOLUTION AUTHORIZING THE LEASE OF CITY PROPERTY TO SAMPSON COUNTY DISPOSAL, INC. RESOLUTION #R1993-100. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1993. 7. Consideration of an ordinance amending Section 10-4, Transfer or Assignment of Lots/Spaces, of the Fayetteville City Code. This item was presented in the agenda packet by the City Attorney with a recommendation for adoption of the ordinance and adoption of the fee schedule for transfer deeds in the amount of $10. AN ORDINANCE AMENDING SECTION 10-4, TRANSFER OR ASSIGNMENT OF LOTS/SPACES. ORDINANCE #S1993-019. Councilmember Bolton introduced the foregoing ordinance and moved its adoption and the adoption of the fee schedule of $10 for transferring deeds. The motion was seconded by Councilmember Robertson and carried unanimously 8 to 0 with Councilmember Kendrick absent. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book #S1993. 8. Presentation and acceptance of Audit Report for Fiscal Year 92-93. City Manager Smith presented a highlight of the audit report in the agenda packet and introduced Mr. Eddie Burke with Cherry Bekaert & Holland, who gave highlights of the report and financial statement. He concluded by saying that the city is financially sound and should be able to meet its obligations during the fiscal year 1994. The recommended action was to accept the report. Councilmember Bolton moved to accept the audit report as submitted, seconded by Councilmember Robertson and carried unanimously 8 to 0 with Councilmember Kendrick absent. 9. Consideration of adoption of City Council Goals for Fiscal Year 93-94. City Manager Smith presented this item saying that the City Council goals were compiled and put into the agenda packet. His recommendation was for adoption of the goals. Following some discussion, Councilmember Bolton moved to adopt the City Council goals as requested, seconded by Councilmember Blackwell and carried unanimously 8 to 0 with Councilmember Kendrick absent. 10. Consideration of an ordinance of the City Council creating a new Article V, Enforcement, of Chapter 26 of the Code of Ordinances of the City of Fayetteville, North Carolina. This item was presented by City Manager Smith stating that this deals mainly with driveways and is to give the ordinance more teeth. He recommended adoption of the ordinance. AN ORDINANCE CREATING A NEW ARTICLE V, ENFORCEMENT, OF CHAPTER 26. ORDINANCE #S1993-020. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Massey and carried unanimously 8 to 0 with Councilmember Kendrick absent. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book #S1993. 11. APPOINTMENTS: A. Nominations to fill two vacancies on Fair Housing Hearing Board. There were no nominations to fill the vacancy in the Real Estate and Attorney Categories. B. Nominations to fill five vacancies on Appearance Commission. Councilmember Blackwell moved to elect the nominees for the five vacancies by acclamation, seconded by Councilmember Robertson and carried unanimously 8 to 0 with Councilmember Kendrick absent. Those elected were as follows: Landscape Category was Dr. Patricia Grady; Architect Category was Robbie Ferris; and in the At-large Category was Beverly Stewart and Dawn Hester - all for second terms. In the At-large Category was Marian Humphries for a first term. C. Nominations to fill two vacancies on Personnel Review Board. Councilmember Robertson nominated David Williford to be added to the names of John C. Mitchell and Charles Darlington for second terms. D. Nominations to fill three vacancies on Redevelopment Commission. Eva Ruth and Beulah Wallace had been nominated for second terms. Councilmember Cheek nominated Mildred Evans and Councilmember Blackwell nominated Richard Culbreth for the third vacancy. The voting will be held at the next meeting. 12. ADMINISTRATIVE REPORTS: A. Statement of taxes collected for the month of November, 1993, from the Cumberland County Tax Collector in the amount of $2,296,359.82. There being no further business, the meeting was adjourned upon motion and second at 9:12 p.m.