1991 - MEETING MINUTES CITY OF FAYETTEVILLE, NORTH CAROLINA REGULAR MEETING MONDAY, JANUARY 7, 1991 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, JANUARY 7, 1991 7:00 P.M Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Nat Robertson, Jr. (at-large); Milo McBryde (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Administrative Assistant to the City Manager Jason Brady, Public Information Officer Bob Bennett, City Engineer George Vaughan, City/County Planning Director Tim Wood, PWC Manager J.P. Riddle, III, Citizen Bud Tisdale, Metrovision Members of the Press INVOCATION Mayor Dawkins welcomed everyone to the first meeting in the year of 1991 and called on Reverend T.J. Foulk to offer the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Reverend Lawrence Williams of John Wesley Church representing the Fayetteville/Cumberland County Martin Luther King Committee, presented a t-shirt to the Mayor for the upcoming celebration. Mayor Dawkins announced that Mrs. Isabel Oates Hunter, widow of John Oates, had recently passed away. One of the many gifts that she has given to the City is the Barges Tavern. 1. Approval of Agenda City Attorney Bob Cogswell stated that on Item 2 D, this should be to authorize the sale of property instead of adoption of a resolution. He also requested to add Item 9 B, consideration of a resolution concerning interbasin transfers as requested by Mayor Pro-Tem Evans; add 9 C to set a meeting with the delegation concerning legislative goals; and an executive session for litigation is requested. Councilmember Robertson requested an executive session for a personnel matter. Councilmember Cheek moved to approve the agenda with the changes, seconded by Councilmember Ross and carried unanimously. Mayor Pro-Tem Evans requested to move Item 6 to be next on the agenda after Item 1. The motion was seconded by Councilmember Bolton and carried unanimously. (6). Consideration of acceptance of donation of property. Mr. J.P. Riddle, III, was recognized and presented a donation of property in excess of $500,000 consisting of two parcels of land for future parks use. The first parcel is approximately 29 acres on Little Cross Creek between Pelt Drive and Springfield Road and adjoins Mary McDonald Park and Glenville Lake just below Thelbert Street. The second parcel is approximately 20 acres located on the west side of Shaw Mill Road and would have lake frontage on the upper end of Rose's Lake. Mr. Riddle presented a third gift of a water system with 1,200 water customers and 300 sewer customers in Gates Four Subdivision known as the Cumberland Water Company. He stated that this is owned jointly by his sister Caroline R. Armstrong and her husband, George, and his sister Charlene R. Williams and her husband, Bob, and himself. Mr. Riddle further stated he would like it in the record that their water system was not one of the ones having trouble with septic tank intrusion as reported in the newspaper recently. Mr. Riddle concluded by stating their families wanted to give something to the City and hoped that this would inspire others to offer gifts to the City also to show support. Councilmember McBryde moved to accept the donations, seconded by Councilmember Ross and carried unanimously by a show of hands and voice vote. Mayor Dawkins presented a framed Certificate of Appreciation followed by a standing ovation from Council, staff and the audience. 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 Items 2 D and F and Councilmember Kendrick requested to pull Items 2 E and H for discussion. Councilmember Bolton moved to approve the consent agenda with the exception of Items 2 D, E, F, and H. After a second from Councilmember Torrey, the consent agenda and following items were unanimously approved: A. Approval of Tax Refunds. 1. Tax refund in the amount of $2.42 to Charles Christianson, 1989 Chevy K10 Blazer should be a truck. 2. Tax refund in the amount of $43.57 to James Council, 1984 Mazda listed in error. 3. Tax refund in the amount of $78.27 to Robert W. Davis, Jr., 1988 Toyota was correctly charged to World Omni Leasing. 4. Tax refund in the amount of $1,671.40 to First Citizens Bank, 1988 and 1989 listings overstated per the depreciation schedule. 5. Tax refund in the amount of $27.19 to Charles W. Ginn, 1982 Cadillac listed in error. 6. Tax refund in the amount of $8.86 to Dwight H. Hyman, 1979 Chevy listed in error. 7. Tax refund in the amount of $12.86 to Amos A. McCaskill, 1981 Olds listed in error. 8. Tax refund in the amount of $6.48 to Robert Paroli, 1978 Chrysler listed in error. 9. Tax refund in the amount of $4.85 to Porsche Financial Services, 1987 Porsche charged with wrong value. 10. Tax refund in the amount of $178.05 to Leonora C. Portor, incorrectly zoned C3 instead of R5. 11. Tax refund in the amount of $68.29 to Dan R. Sansiveri, illegal tax, military non-resident. 12. Tax refund in the amount of $43.85 to Randy H. Taylor, adjust land and improvement value per locational obsol and sac. 13. Tax refund in the amount of $9.59 to Martha W. VanHook, 1979 Buick listed in error. B. Award of contract for purchase of communications equipment to Motorola Communications and Electronics, Inc., lowest responsible bidder in the amount of $22,708.00. Bids received were as follows: Motorola Communications and Electronics, Inc. $22,708.00 Piedmont Communications Company, Inc. 27,902.00 C. Approval of proposed City/NC DOT agreement for Market Square Improvements - Project No. U-1656L (9.8069740). WHEREAS, the North Carolina Department of Transportation and the City of Fayetteville propose to make certain street and highway improvements consisting of the improvement and construction of curb and gutter, including some pavement repairs and sidewalk replacement, and improving drainage around the Old Market House on SR 2311 on Hay Street; and WHEREAS, the Department of Transportation and the City of Fayetteville propose to enter into an agreement for construction of the aforementioned highway improvement whereby the City of Fayetteville agrees to design the project plans, adjust utilities, award the construction contract, and supervise project construction; and, WHEREAS, said agreement provides for the City of Fayetteville to be responsible for the costs of design and preparation of plans for the entire project, and for the costs of engineering and supervision of construction of the entire project. WHEREAS, said agreement further provides for the Department of Transportation to reimburse the City of Fayetteville to a maximum extent of $30,000 for the actual contract construction costs of the project. NOW, THEREFORE, BE IT RESOLVED that Project U-1656L, 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. D. (PULLED FOR DISCUSSION) E. (PULLED FOR DISCUSSION) F. (PULLED FOR DISCUSSION) G. Set public hearing for February 4, 1991, to consider the initial zoning to R6 Residential District and C1P Shopping Center District or to a more restrictive zoning classification for an area located on the west side of Raleigh Road (U.S. 401), and on the south side of Andrews Road (SR 1611). Being all of Annexation No. 90-10-335 known as "Lewis/Allen Property." (P90-127) H. (PULLED FOR DISCUSSION) 2D. To authorize advertisement of sale of property to abandon an easement across Lot 67, Harlow Drive. Councilmember Cheek asked if the easement would affect other lots adjoining it and if we should consider relieving the whole easement while we're at it. City Engineer Bob Bennett responded that the easement across the back was requested and the easements on each side were not requested. Councilmember Cheek moved to follow the recommendation, to authorize advertisement of sale of the property, seconded by Councilmember Pillow and carried unanimously. E. Adoption of a resolution to acquire right-of-way (Parcel E-1) for Owen Drive Widening Project. Councilmember Kendrick asked where this project is located. City Engineer Bennett responded this was just north of Revco Drug on Owen Drive. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1991-001. 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 Resolutions Book R1991. F. Set public hearing for January 22, 1991, to consider a street name change for Congreve Drive (formerly Coronation Drive). Councilmember Cheek asked if this name change was not just done for this street. Planning Director George Vaughan responded that this had been done previously, however, all residents were not notified and upon erection of the new signs they notified the Planning Department and this was the new name they came up with. Councilmember Cheek moved to set the public hearing as requested, seconded by Councilmember Ross and carried unanimously by voice vote. H. Approval of the rezoning from R5 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located at the southeast corner of the intersection of Russell and Racepath Streets. (P90-129) Councilmember Kendrick asked why this high industrial district was being considered next to residential areas. Planning Director George Vaughan responded that the area basically has some institutional uses located to the west of the property. He stated the overall plan is in transition in the area from residential to non-residential uses. Councilmember Kendrick stated he feels that the entire area has been allowed to deteriorate by us not following the City Codes. Mr. Vaughan stated that no one had appeared in opposition to the requested rezoning at the Planning Board public hearing and the Board followed staff recommendation for approval based on the fact that this area is in transition from residential to non-residential uses and that the M2 Industrial District is a logical extension of the district located north of Russell Street. Councilmember Kendrick moved to set a public hearing for February 4, 1991, seconded by Councilmember Robertson and carried 8 to 1 with Councilmember Bolton voting against. 3. Public Hearings: Mayor Dawkins read the policy on the time limit for the public hearings. A. Consideration of an application by Carolyn R. Parker for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, article IV, Section 32-24, to operate a convalescent home in an R5 Residential District for an area located at 334 Moore Street. (P90-123) This item was presented by Planning Director George Vaughan stating that the applicant proposes the use as in the application with provisions of six off-street parking spaces. The memo in Council's packet shows the applicant being licenses for nine beds but this an error. She currently is licensed for five beds and desires to add four more making a total of nine beds. Off-street parking shown is correct. The Planning Board recommended approval with the finding that the proposed Special Use Permit is in keeping with the character of the neighborhood and is not detrimental. This public hearing was published for this date and hour. The public hearing was opened at 7:40 p.m. and appearing in favor was Elizabeth Henderson, 1860 Gola Drive. The City Clerk administered the oath to Mrs. Henderson. She testified that she worked with Mrs. Parker on this project and Mrs. Parker has room enough for nine or more beds. She stated that all of the section in Moore Street is business and is requesting Council to approve this request. Mrs. Henderson stated that Mrs. Parker had gone to school and taken two courses for this type of work and has worked with her at the nursing home. There being none further to speak on this matter, the public hearing was closed at 7:45 p.m. Councilmember Torrey moved to approve the Special Use Permit with the two findings as recommended. The motion was seconded by Councilmember Bolton, and carried unanimously. B. Consideration of a new street name for the public right-of-way currently known as "Sessoms Drive," located south of the intersection of S.R. 1838 Dunn Road and North Plymouth Street running eastwardly from its intersection with the eastern margin of Dunn Road to the southern end of Farrell Avenue, to be renamed to Toggel Avenue. This was an advertised public hearing for this date and hour. This item was presented by Planning Director George Vaughan. Councilmember Kendrick asked if this street is not a curve into Farrell Avenue instead of a turn. Mr. Vaughan responded that at this time it is a dirt street that is traveled as a curve, however if it is ever paved it will be a definite turn. Mr. Kendrick asked why this could not be curved and the whole street named Farrell. Mr. Vaughan responded that Council could continue this matter and readvertise. Mayor Dawkins opened the public hearing at 7:45 p.m. and there being none to speak in favor or against, the public hearing was closed. Mayor Pro-Tem Evans moved to adopt the ordinance changing the name as recommended, seconded by Councilmember Bolton. The motion carried 5 to 4 with Councilmembers Kendrick, Robertson, Pillow, and Cheek voting against. This item will be returned for a second reading. C. Consideration of a new street name for the public right-of-way currently known as "Progress Street Extension," from the intersection of Progress Street and Progress Street Extension, southwest approximately 400 feet to the intersection of Progress Street Extension and West Jenkins. This point being located approximately 300 feet southeast of the Southern Avenue and West Jenkins intersections, to be renamed to Jumalon Street. This was an advertised public hearing for this date and hour. This item was presented by Planning Director George Vaughan with a recommendation to adopt the ordinance. The public hearing was opened at 7:49 p.m. and there being none to speak in favor or against, the public hearing was closed. AN ORDINANCE CHANGING PROGRESS STREET EXTENSION NAME TO JUMALON STREET. ORDINANCE NO. NS1991-001. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Torrey and carried 8 to 1 with Councilmember McBryde voting against. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book NS1991. 4. PWC Matters: A. Consideration of approval of an agreement with P&H Water Company to sell their water system to Public Works Commission, for a negotiated purchase price of $300.00 per connection. This item was presented by PWC Manager Tim Wood stating that this water company has been appraised by a third-party. It is adjacent to the City on two sides and there will be 161 connections for a total cost of $48,300.00. The Public Works Commission recommends approval of the agreement. Councilmember Bolton moved to follow the recommendation for approval of the agreement, seconded by Councilmember Kendrick and carried unanimously. 5. Consideration of adoption of resolution confirming assessment roll and levying assessments for paving improvements on Center Street (from Trade Street to Cul De Sac). City Attorney Bob Cogswell reminded Council that this item was continued from the last Council meeting. Mr. Hawley had given Mr. Cogswell a document by Cam Easton prior to the meeting that Council needed to review. Mr. Hawley appeared before Council and requested this item be continued until Mr. Easton could arrive at the meeting to make his presentation. Council was in agreement to continue this item to the end of the meeting. 6. (This item was moved to the beginning of the meeting.) 7. Appearance by representatives of Fayetteville Metro Visions. Mr. Bud Tisdale introduced the members present of the Fayetteville Metro Visions and the staff member Sara VanderClute. He also introduced David Jameson, the new executive director of the Chamber of Commerce. Mr. Tinsdale presented to Council a draft outline of Strategic Planning Process for Governments. He concluded his presentation by stating that the Planning Department has contracted with the consulting firm of Hyett-Palma for facilitation services within the next calendar year. Since this is already in place this process will not be an expense for Council. Councilmember Bolton moved to adopt the Strategic Planning Concept, seconded by Councilmember Kendrick and carried unanimously. 8. Appointments: A. Nominations to fill three vacancies on the Fayetteville Appearance Commission. Councilmember McBryde moved to elect by acclamation Robert St. Onge in the at-large category and Gordon Rose in the Engineer category. The motion was seconded by Councilmember Kendrick and carried unanimously. Both of these will be a first full term to December 1992. The vacancy by Marilynn Walls in the at-large category is still open. B. Nominations to fill two vacancies on the Personnel Review Board. Councilmember Bolton nominated Mike Walker to the alternate position. Councilmember Cheek moved to elect by acclamation Mr. Bobby Davis for a first full term and Mr. Mike Walker for a first term in the alternate category. The motion was seconded by Councilmember Pillow and carried unanimously. C. Nominations to fill two vacancies on the Fayetteville Redevelopment Commission. Councilmember Kendrick moved to elect by acclamation Helen Farrior for a second term and Christina Smith for a first full term. The motion was seconded by Councilmember Torrey and carried unanimously. D. Nominations to fill one vacancy on the Joint Senior Citizens Advisory Commission. Councilmember McBryde moved to elect Maggie Shive (W/F), 810 Executive Place, Towers West, by acclamation, seconded by Councilmember Bolton and carried unanimously. The term expires September 30, 1992. E. Nominations to fill one vacancy on the NC Firemen's Relief Fund Board of Trustees. Councilmember McBryde nominated Scott Kelly (W/M), 204 Rush Road, to fill the vacancy of J.H. Kyle, Jr., to January 31, 1993. Mayor Pro-Tem Evans moved to elect Scott Kelly, and it carried 8 to 1. 9. Administrative Reports A. Update on vehicular traffic on Olde Fayetteville Commons Transit Mall. City Manager John Smith recommended that we honor the directive from UMTA and set up a meeting to negotiate with UMTA for the reopening of the Transit Mall to traffic. He recommended adoption of the ordinance to repeal the ordinance number S1989-2R and enact a new section 26-42(b) allowing only transit buses and emergency vehicles on the Transit Mall. Also to set up a meeting to negotiate with UMTA. AN ORDINANCE AMENDING SECTION 26-42. ORDINANCE NO. S1991-001. Councilmember Bolton introduced the foregoing ordinance and moved its adoption. The motion was seconded by Councilmember Ross and carried unanimously. Councilmember Cheek moved to place on the agenda for next meeting to have staff give a history of what was done last year and take action dealing with Congress at that time. The motion was seconded by Councilmember Pillow and carried unanimously by voice vote. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book S1991. B. Consideration of adoption of resolution for interbasin transfers. This item was presented by Mayor Pro-Tem Evans recommending adoption of the resolution. RESOLUTION IN SUPPORT OF LEGISLATION TO REQUIRE PERMITS FOR INTERBASIN TRANSFERS. RESOLUTION NO. R1991-002. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Ross and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. C. Consideration of setting a special meeting with legislative delegation to consider legislative goals. City Attorney Bob Cogswell stated Council normally has a breakfast meeting with the Legislative Delegation and recommends this same type meeting. He also requested an alternate time. Council agreed on January 28 or February 4 at 8 a.m. with the location to be confirmed at a later date. At this time there was some discussion on reserved parking for Councilmembers on the side street at City Hall during Council meetings. This item is to be placed on the agenda for the next meeting to consider an ordinance. 5. Consideration of adoption of resolution confirming assessment roll and levying assessments for paving improvements on Center Street (from Trade Street to Cul-de-sac). Mr. Hawley was recognized speaking for his mother-in-law. He stated that be had gotten an appraisal and the statement says that it will not increase the value of the property. Mr. Cam Easton had not arrived at this time. City Engineer Rob Bennett gave a background on this project and stated he feels this is not an appraisal, but a superficial opinion. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1991-003. Councilmember Cheek moved to adopt the foregoing resolution, seconded by Councilmember Pillow and carried unanimously at 9:01 p.m. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. Councilmember Bolton moved to enter into Executive Session for litigation and personnel matters, seconded by Councilmember Pillow and carried unanimously at 9:01 p.m. Council reconvened into regular session at 9:19 p.m. and there being no further business, the meeting was adjourned upon motion and second. REGULAR MEETING TUESDAY, JANUARY 22, 1991 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER 433 HAY STREET TUESDAY, JANUARY 22, 1991 7:00 P.M Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Nat Robertson, Jr. (at-large); Milo McBryde (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Bob Bennett, City Engineer Mike Osborne, Planner II Louis Chalmers, City Traffic Engineer Richard Herrera, Community Services Director Kai Nelson, Finance Director Bobby McKoy, Olde Fayetteville Association Tony Rand, Representing Fayetteville/Cumberland County Arts Council Members of the Press INVOCATION Mayor Dawkins called on Reverend Mari Wiles, Youth Minister, First Baptist Church, Anderson Street. Following the invocation Mayor Dawkins lead the Pledge of Allegiance to the American Flag. Councilmember Kendrick requested that the invocation be spread in the minutes and it is as follows: "Dear Creator God, as a community and as individuals we are in crisis. Our emotions are filled with much anxiety and dread and the little fear of the unknown but we come here now thanking you that you are bigger than our emotions and the reality is your presence is constantly with us and that you are still God and you are still in control. May we be assured of that now and in this meeting where decisions and important items are discussed may those in leadership be wise and may the wise be in leadership. Bless the effort here for the greater cause that each individual may be heard and each have a chance to speak. May you receive glory from the work of this City and this community and this country. In Jesus name we pray, Amen." RECOGNITION Mayor Dawkins expressed concern for the families and especially children of the military that are deployed to Saudi Arabia. He stated that administration would do anything they could to assist with phone numbers and contacts for anything they might need. He also commented that we covet everyone's prayers. Mayor Dawkins then acknowledged the recent passing away of Wally Hincamp who operated a jewelry store for the past 36 years in the same block with the new City Hall. Mr. Hincamp was an accomplished musician and a true civic-minded person. Mayor Dawkins wished City Clerk Bobbie Joyner and her husband, Bill, a happy wedding anniversary which is today. 1. Approval of Agenda City Manager John Smith requested that the dates on the items setting public hearings be changed from the 18th to the 19th because of a holiday. He also recommended to pull item 4 from the agenda. Mayor Dawkins also made a correction an the agenda item listed 3 A showing new street name as "Coronation Drive" and this should be "Congreve Road" to be renamed "Ridgeway Drive" instead of "Congreve Road." He stated that this was advertised correctly, however was a misprint in the agenda. Mayor Pro-Tem Evans moved to approve the agenda with the recommended changes, 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 McBryde moved to approve the consent agenda with the changes of the public hearing dates to February 19 and withdrawing Item 4. After a second from Councilmember Pillow, the consent agenda and following items were unanimously approved: A. Approval of minutes of Regular Meeting of November 5, 1990. B. Approval of Tax Refunds. 1. Tax refund in the amount of $3.69 to James R. Adams, listed 1974 Ford by mistake. 2. Tax refund in the amount of $57.87 to Barbara Bodnar, 1988 Toyota double-listed. 3. Tax refund in the amount of $4.16 to James Cameron, 1975 Ford listed by mistake. 4. Tax refund in the amount of $60.07 to David Goodnough, 1986 Chevy correctly charged to GMAC. 5. Tax refund in the amount of $64.40 to Henry C. Jenkins, charged with 1984 BMW and a 1977 Chevy by mistake. 6. Tax refund in the amount of $14.59 to Joseph Robinson, listed 1974 Dodge by mistake. 7. Tax refund in the amount of $212.91 to James Langston, land value adjusted in flood plain. 8. Tax refund in the amount of $58.10 to Danny McDaniel, adjust value on 1984 Mobile Hone. 9. Tax refund in the amount of $3.38 to Geraldine McKoy, taxpayer did not own 1976 Buick Century on 1-1-89, 1979 Buick was traded on 2-19-88. 10. Tax refund in the amount of $205.29 to Stephen Melvin, 1987 Acura Legend D/L on bill No. 1280834. 11. Tax refund in the amount of $45.52 to I.H. O'Hanlon, 1986 Pontiac listed by mistake. 12. Tax refund in the amount of $50.09 to Bonny Reed, MV listed in error. C. Set public hearing for February 19, 1991, to consider 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 of McArthur Road. Being all of Annexation No. 90-11-336 known as "Mid-South Insurance Co. Property." (P91-3) D. Set public hearing for February 19, 1991, to consider the initial zoning to C1P shopping Center District or to a more restrictive zoning classification for an area located on the west side of Skibo Road (U.S. 401 Bypass), south of Camp Ground Road. Being all of Annexation No. 90-11-337 known as "Pep Boys Property." (P91-4) E. Set public hearing for February 19, 1991, to consider the initial zoning to R6 Residential District and M2 Industrial District or to more restrictive zoning classification for an area located on the north side of cumberland Road, west of Hopedale street (SR 2995). Being all of Annexation No. 90-11-338, known as the "Hall Property." (P91-5) F. Set public hearing for February 19, 1991, for consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32 "Zoning" to set forth provisions for conditional use overlay districts. (P91-12) G. Approval of extension of Downtown Loan Agreement. (Thorp & Clarke, Account No. CLS536358-00075) H. Approval of adjustment to FCB Lease Purchase Financings. Since the transaction for the Ford Crown Victorias will now become a calendar year 1991 financing, the Finance Department has renegotiated the interest rate component relating to the bank qualified tax-exempt portion. First Citizens Bank has agreed to reduce the interest rate from 7.77 percent to 6.65 percent equating to a monthly savings of $197 and savings of $4,741 over the term of the transaction. I. Award of contract to load, transport, and land apply liquid sludge to Westinghouse Environmental and Geotechnical Service, Inc., (PWC) in the amount of $153,000.00. Bids received were as follows: Westinghouse Environmental & Geotechnical Services, Inc. $153,000 Bio Gro Systems $170,000 AMSCO $179,550 Environmental Waste Disposal, Inc. $180,000 3. Public Hearings: Mayor Dawkins read the policy on the time limit for public hearings. A. Consideration of a new street name for the public right-of-way currently known as "Congreve Rond," located west of 401 North Raleigh Road, from the western margin of 401 North Raleigh Road extending beyond Watersplash Drive, is to be renamed to Ridgeway Drive. This item was presented by Mike Osborne, Planner II. He stated this was a previously heard case but there was a failure to notify all residents of the public hearing. The Planning Board recommends approval of the name change. The public hearing was opened at 7:15 p.m. and there being none to speak in favor or against this item, the public hearing was closed. AN ORDINANCE CHANGING CONGREVE ROAD NAME TO RIDGEWAY DRIVE. ORDINANCE NO. NS1991-002. Councilmember McBryde moved to adopt the foregoing ordinance, seconded by Councilmember Pillow and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. B. Consideration of approval of sale and contract of Adams Court Site. This item was presented by City Attorney Cogswell stating that Council must hold a public hearing and make the finding that Brown-Loving Company is the only known available, qualified and willing for the contemplated use and shall further make one or more of the following findings: (1) That the proposed use or redevelopment is necessary in order to facilitate the relocation of families where required by law (this has already been taken care of); (2) That the proposed use for redevelopment is reasonably necessary in order to assure development which will have the desired beneficial effect upon the neighboring property, the project area, and the community as a whole, as contemplated by the redevelopment plan; or (3) That the proposed use or redevelopment will assure that the property will not remain unused for an unduly long period and will result in a return to the local ad valorem rolls at a substantially earlier date than uses or redevelopment obtainable by other methods of disposition. Finally, Council must find that the conveyance is for no less than the fair, actual value of the property, based upon competent evidence. This public hearing has been published in the paper for this date and hour. Community Services Director Richard Herrera reported to Council that they have reworked the financial agreement to include selling the land at the appraised price of $50,600.00, and effecting no more than $269,400.00 worth of site improvements. Since CDBG funds cannot be used to make site improvements on private property the improvements must be made while the property is still in the ownership of the City. The contract binds the developer to purchase the property at the appraised price plus the improvements, therefore the effect will be the same as if he had borrowed the funds to construct the infrastructure. The public hearing was opened at 7:20 p.m. Recognized in favor of the sale and contract was John C. Loving, Brown-Loving Company, 1204 King's Grant Drive, Raleigh, North Carolina. Mr. Loving stated they have been in business of developing low and moderate income housing since 1980. They have developed 16 apartment projects, some for elderly and some for low income families. They are proposing 40 units in Fayetteville for elderly and handicapped housing on Adams street property. Mr. Loving showed slides of the project in Albermarle similar to the proposed project in Fayetteville. Mr. Loving responded to questions from Council. He responded they will be doing the maintenance, all units will be accessible to handicapped and there will be four units handicap-equipped which is required by law. No more than 30 percent of income should go toward rent and their goal is to have no rental over the $250 range and will work to reduce that figure. This does not include utilities, which would range between $40 to $60 a month. He further responded that the City will have the opportunity to price those improvements before they're done. The improvements will not be started until they notify the City in writing that all conditions in the contract have been satisfied and they are bound by the contract to purchase the property. They would be certifying at that time that all those funds were in place. Councilmember McBryde asked Community Services Director Richard Herrera, regarding second mortgage, how much money are we talking about land improvements that will be put into it. Mr. Herrera responded that they are discussing selling land for $50,600.00 and as contract specifies, the amount of improvements that go onto that land is approximately $267,000.00, but the City would oversee the improvements. City Attorney Bob Cogswell stated that on the last page of the contract, there is a provision to cover unforeseen environmental concerns causing costs to be financially unfeasible for Brown-Loving, then the contract is over and done. Also appearing in favor was Clinton Harris, 4713 Watauga Road, stating that the Senior Round Table has been concerned with this project for years and is glad to see that it is proceeding. Recognized for citizen input was Marie Pressler, 115 Heatherstone Drive, representing Handicapped Outreach. She stated they wanted this tabled because of financing. She would rather see the $320,000.00 be reinvested in a housing fund. Ms. Pressler requested Council not be so quick to grab the first candy bar only because they have a nickle to spend. She requested they check into things Durham and Wilmington has done with the amount of money they have done it with and have paid back every penny that they have used with the City's money and the projects are now individually owned by taxpaying citizens. She stated that she feels this matter has already been decided before the public hearing and wants two more weeks for the City to check into other projects and let handicapped have the chance that Council has overlooked for many years. Ms. Pressler stated that the handicapped still cannot get into City Hall. There being none further to be heard on this matter, the public hearing was closed at 7:50 p.m. Mayor Dawkins asked Mr. Herrera where the money comes from--if it was local money or federal funds. Mr. Herrera responded that it is City money that comes from the federal government as an entitlement--not from the City's general fund. This is strictly infrastructure and not dealing with the house structures at all. Councilmember Torrey moved to approve the sale of the Adams Court site property to Brown-Loving Company with the findings that Brown-Loving Company is the only known available, qualified and willing developer for the contemplated use; and that the proposed use or redevelopment is necessary in order to facilitate the relocation of families where required by law; that the proposed use for redevelopment is reasonably necessary in order to assure development which will have the desired beneficial effect upon the neighboring property, the property area and the community as a whole, as contemplated by the redevelopment plan; or that the proposed use or redevelopment will assure that the property will not remain unused for an unduly long period and will result in a return to the local ad valorem rolls at a substantially earlier date than uses or redevelopment obtainable by other methods of disposition; and that the conveyance is for no less than the fair, actual value of the property, based upon competent evidence. The motion was seconded by Mayor Pro-Tem Evans. Councilmember McBryde stated that he would have to vote against this project because of the financing as he has done in past projects. Councilmember Cheek offered friendly amendments to include approval of the contract and add that the City be provided with evidence to its satisfaction that all financial instruments are guaranteed in place before City money is spent on this project. Councilmember Torrey and Evans accepted the friendly amendments. The vote was called and the motion carried 7 to 2 with Councilmembers McBryde and Bolton voting against. 4. (PULLED FROM AGENDA) 5. Consideration of approval of selection process for City Hall art. This item was presented by Tony Rand representing the Arts Council of Fayetteville/Cumberland County, Inc., requesting that Council approve the recommended panel to make the final decision regarding the selection of art work for City Hall, should funds become available. The recommended members are Suzan Cheek, Councilmember; Naomi Ellison, representative of the Arts Council; Harvey Jenkins, artist and Art Professor at F.S.U.; Thomas Moore, artist and Fayetteville Museum of Art teacher; Joe Pillow and Ida Ross, Councilmembers; and Walter Vick, Architect. Non-voting members would be Tom Grubb, Museum of Art Director; and Libby Seymour, Public Art Project Director, Museum of Art. Mayor Pro-Tem Evans stated that she feels we can get paintings on loan with no cost at all to the taxpayers therefore she cannot vote for this project. Councilmember Torrey moved to approve the panel to select the art work as funds become available. The motion was seconded by Councilmember Ross. Following some discussion, the vote was called and the motion failed 4 to 5 with Councilmembers Evans, McBryde, Robertson, Bolton and Kendrick voting against. Councilmember Bolton moved to approve the recommended panel regarding the selection of art work for City Hall should funds become available, with City Council making final decision. The motion was seconded by Councilmember McBryde. Following some further discussion, the vote was called and the motion failed 4 to 5 with Councilmembers Kendrick, Evans, Torrey, Cheek and Ross voting against. Councilmember Pillow reminded Council that previous action by Council has brought art work into the City and the Arts Council needs some direction. Councilmember Kendrick moved to reconsider the second action, seconded by Councilmember Cheek and carried 8 to 1 with Mayor Pro-Tem Evans voting against. Councilmember Kendrick moved to approve the recommended panel regarding the selection of art work for City Hall, should funds become available, with City Council making final decisions. The motion was seconded by Councilmember Cheek and carried 8 to 1 with Mayor Pro-Tem Evans voting against. City Attorney Bob Cogswell informed Council this Committee would fall under the open meetings law. At this time Mayor Dawkins announced the birth of a granddaughter, Dawn Dawkins, on January 11. 6. Appearance by Bobby McKoy of Olde Fayetteville Association regarding proposal for downtown parking. Mr. McKoy stated there were two downtown businessmen that would buy the Lafayette Hotel and tear it down if the City would agree to lease it from them and put a parking lot on the site. He stated that another option would he for the City to buy the Hotel from them for what they have the option for and the City develop the parking lot. Mr. McKoy stated that the parking lot would ensure those businesses still there on the commons and they would continue to prosper. It would also improve the appearance of that area. Councilmember Pillow stated he felt we should not condemn a structure and then buy it and then pay to tear it down. This should be channeled through the Revitalization Commission and Historic Resources Commission. Councilmember Cheek was concerned with where the approximately $200,000 would come from for this and agreed with Mr. Pillow that the Revitalization Commission and/or Historic Resources Commission should also study this. Mayor Pro-Tem Evans moved to have the staff negotiate with Northwood Temple for the City to buy and demolish the Lafayette Hotel and to put a gravel lot for parking. The motion was seconded by Councilmember Kendrick and carried 7 to 2 with Councilmembers Pillow and Cheek voting against. Mayor Dawkins stated that Councilmember Cheek would be out of town for the information meeting and requested an excused absence. Councilmember Ross moved to excuse Councilmember Cheek from the January 28, 1991, information meeting, seconded by Councilmember Robertson and carried unanimously. Councilmember Robertson requested to be excused from the February 4, 1991, regular meeting due to being out of town. Councilmember Ross moved to excuse Councilmember Robertson from the February 4, 1991, regular meeting, seconded by Mayor Pro-Tem Evans and carried unanimously. 7. Consideration of Operating Agreement for Service Space between City of Fayetteville and Cumberland County Area Mental Health Authority. This item was presented by City Manager John Smith with a recommendation to execute the agreement for $8.00 per square foot net lease. Councilmember McBryde moved to authorize the City Manager to execute the agreement as recommended, seconded by Councilmember Robertson and carried unanimously. 8. Consideration of municipal legislative goals and policies. This item was presented by City Manager John Smith recommending endorsement of goals and policies. Councilmember Bolton moved to follow the recommendation, seconded by Mayor Pro-Tem Evans and carried unanimously. 9. Consideration of reserved Council Member parking spaces on Pittman Street. This item was presented by City Manager John Smith recommending adoption of the ordinance. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 17-RESTRICTED PARKING). ORDINANCE NO. NS1991-003. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. 10. Consideration of amendment to Section 20-69.1 regarding restricted parking areas. This item was presented by City Manager John Smith stating that this ordinance will allow citations in addition to towing of vehicles parked in fire lanes. AN ORDINANCE AMENDING SECTION 20-69.1, PENALTY FOR STOPPING OR PARKING IN "LOADING AND UNLOADING ZONES," "NO PARKING," "PARKING PROHIBITED" OR "RESTRICTED PARKING" AREAS. ORDINANCE NO. S1991-002. Councilmember Robertson 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 S1991. 11 Consideration of adoption of resolution directing the City Clerk to investigate a petition for annexation received under G.S. 160A-31. This item was presented by Assistant City Manager for Operations Roger Stancil with a recommendation that the resolutions be adopted. A. Larry's Sausage Company property (301 Service Road - S.R. 1737) Councilmember Torrey was concerned about this business in the east side of town. He feels that the County should aid in funding PWC utilities to this business. City Manager John Smith responded this would follow the usual policy guidelines, however the subject of the water and sewer in the County will be discussed at the next Liaison Committee meeting. RESOLUTION DIRECTING ThE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1991-004. B. Wiener Works Property (Ramsey Street-near Wal-Mart) RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1991-005. Councilmember Bolton introduced the resolutions for items A and B and moved their adoption, seconded by Councilmember McBryde and carried unanimously. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1991. 12. Report from Streets and Roads Committee: A. Consideration of revision to Section 20-106, Traffic Schedule No. 6, Multi-Stops Marlborough Road. This item was presented by City Manager John Smith stating that this will be deleting some of the multi-stops on Marlborough Road. The Streets and Roads Committee recommended approval. ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 6 - STOP INTERSECTIONS). ORDINANCE NO. NS1991-004. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. B. Consideration of acceptance of streets in Homewood Subdivision. This item was presented by City Manager John Smith with a recommendation that the streets be accepted as an exception to the policy, if NCDOT standards are met, bond is posted on sewer, and conditions outlined in a memorandum dated November 1, 1990, from Bob Bennett, City Engineer, to Roger L. Stancil, Assistant City Manager. Mayor Pro-Tem Evans moved to follow the recommendation with the conditional acceptance of the streets and as exception to the policy. The notion was seconded by Councilmember Bolton and carried 8 to 1 with Councilmember Torrey voting against. Councilmember Kendrick moved to refer the current City policy on street acceptance requirements to the Policy Committee as recommended by the Streets and Roads Committee. The motion was seconded by Mayor Pro-Tem Evans and carried 8 to 1 with Councilmember Torrey voting against. 13. Appointments: A. Nominations to fill one vacancy on Fayetteville Appearance Commission. Councilmember Pillow nominated Mr. W.L. Clement to fill the vacancy of Marilynn Walls in the at-large category for a term ending in December 1992. 14. Administrative Reports: A. Review of bond counsel proposals. Councilmember Robertson moved to award the contract for bond counsel services to Brown & Wood because it is the only Fayetteville office applying. The motion was seconded by Councilmember McBryde and carried unanimously. B. Statement of taxes collected for the month of December, 1990, from the Cumberland County Tax Collector. The statement of taxes report was received showing a total collections of $5,497,636.65. Mr. Smith reminded Council of the Saturday workshop at the Holiday Inn at Bordeaux at 9:00 a.m. There being no further business, the meeting was adjourned at 9:50 p.m. upon motion and second. Approved March 4, 1991 SPECIAL MEETING SATURDAY, JANUARY 26, 1991 FAYETEVILLE CITY COUNCIL SPECIAL MEETING HOLIDAY INN BORDEAUX SATURDAY, JANUARY 26, 1991 9:00 A.M. Present: Mayor J.L. Dawkins Councilmembers Nat Robertson, Jr., Milo McBryde, Tommy Bolton, Ida Ross, Thelbert Torrey, Suzan Cheek, and Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Al Mitchell, Assistant City/County Planning Director Richard McMahon, Institute of Government Councilmembers Absent: Joseph Pillow, Mildred Evans Mayor Dawkins called the meeting to order and recognized Richard McMahon of the Institute of Government who conducted a team-building session with the City Council. The meeting adjourned at 3:00 p.m. Approved February 4, 1991 SPECIAL MEETING MONDAY, JANUARY 28, 1991 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING HAYMOUNT GRILL MONDAY, JANUARY 28, 1991 8:00 A.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans, Milo McBryde, Tommy Bolton, Joseph Pillow, Thelbert Torrey, Suzan Cheek, and Mark Kendrick Members of the Cumberland County Legislative Delegation: Senators Lura Tally and Joe Raynor, Representatives Bill Burley, Don Beard, Nick Jeralds, Mary McAllister, and Alex Warner Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Administrative Assistant to the City Manager Jason Brady, Public Information Officer Councilmembers Absent: Nat Robertson, Jr., Ida Ross Mayor Dawkins called the meeting to order and recognized City Manager John Smith. Mr. Smith stated that the Council would like to express to the Legislative Delegation the Council's goals in the upcoming legislative session. He stated that the primary goal of the City Council was to protect and maintain state-shared revenues for cities. The Council also endorsed the list of goals adopted by the North Carolina League of Municipalities. The City also supports the concept that the local governing body should make all decisions regarding local employee pay and benefits and that such pay and benefits issues should not be mandated by the state. Mr. Smith stated that the City supports the current state law that prohibits local government from recognizing employee organizations or collective bargaining. The City supports legislation which would require the private sector to report on their recycling efforts to count toward the City's recycling goal. The City supports the legislation that would allow the treatment of storm water systems as a utility and the charge those coats to the users of the utility with an increased limit from the current $1. City Attorney Cogswell listed the following goals: 1. Keep the open meetings law as it is. 2. Maintain governmental immunity from liability. 3. Continue to support legislation to allow the inspection of ABC premises by local law enforcement officers. 4. Expand the time for investigation of ABC applications. After some discussion, the meeting was adjourned at 9:15 a.m. Approved February 4, 1991 INFORMATION MEETING MONDAY, JANUARY 28, 1991 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, JANUARY 28, 1991 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans, Nat Robertson, Jr., Milo McBryde, Tommy Bolton, Ida Ross, Joseph Pillow, Thelbert Torrey, and Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Councilmembers Absent: Suzan Cheek (excused) Mayor Dawkins called the meeting to order and recognized Assistant City Manager Ben Brown for the invocation. Following the invocation, the Mayor led the audience in the Pledge of Allegiance to the American Flag. The Mayor then recognized the soccer coaches and team members from Terry Sanford and E.E. Smith High Schools. Upon motion by Councilmember Kendrick, seconded by Councilmember Torrey, Council voted unanimously to approve the agenda. Council first considered a resolution supporting the Armed Forces and families involved in the Persian Gulf crisis. RESOLUTION SUPPORTING THE ARMED FORCES AND FAMILIES INVOLVED IN THE PERSIAN GULF CRISIS. RESOLUTION NO. R1991-006. Upon motion by Councilmember Bolton, seconded by Councilmember Kendrick, Council voted unanimously to approve the resolution and asked that the resolution be formatted so that every Councilmember could sign the resolution and that coordination ho made with Fort Bragg to send the resolution to our troops in the Middle East. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. Council next considered an ordinance amending Chapter 20, Motor Vehicles and Traffic of the City of Fayetteville Code of Ordinances, Traffic Schedule #6-Stop Intersections. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE #6 - STOP INTERSECTIONS. ORDINANCE NO. NS1991-005. Upon motion by Councilmember Bolton, seconded by Councilmember McBryde, Council voted unanimously to adopt the ordinance. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. Mayor Dawkins next introduced George Vaughan, Director of the Cumberland County Joint Planning Board, for a discussion of conditional use overlay districts. Mr. Vaughan presented guidelines for the use of such districts and discussed their need. He stated that a public hearing on this matter would be held before the Council on February 19, 1991. Council next considered a report on location and analysis of the City's rezoning applications by Mr. Vaughan. His general conclusion was that the Council overwhelmingly supports the land use plan in their rezoning decisions. The City Manager Presented a report on revenue and expenditure trends In Fiscal Year 1990-91. He compared the revised estimates of revenues and expenditures with the budget estimates and concluded that the budget estimates were very lose and much closer than in years past. The result will be a reduction in fund balance. He also reviewed the impact of state-shared revenues on the City budget and the significant impact if those revenues were lost to the State of North Carolina. The City Manager also reviewed selected expenditures in the areas of personnel and vehicle operations. Personnel expenditures are slightly under budget and vehicle operations expenditures are over budget because of increasing fuel costs. The City Manager stated that he thought these two items would offset each other and appropriate budget amendments would be forwarded to the Council in the future. His projections for the 1991-92 budget were that we would see little growth in revenue and the instability in vehicle fuel prices would continue to have an impact on the City's expenditures. Council next considered proposed uses of proceeds from the sale of the Kyle House. The City Manager recommended that the Historic Properties Fund not be considered at this point and most appropriately be considered during the budget process. He also stated that in discussions with the architect for the Market House restoration, it was determined that repointing the masonry work and repairing the balconies were the most critical items to stabilizing the structure of the building. The City Manager recommended that these could be accomplished with current underruns on the current contract, funds available from the Cumberland Community Foundation that have been privately raised for the Market House restoration, and an additional appropriation of approximately $50,000 from the City of Fayetteville. Assistant City Manager Ben Brown has presented a report on the City's contractor bid procedures regarding minority business enterprises. Council next heard a joint presentation by Cumberland Urban Recycling and Beautification Director Ann Morriss and Assistant City Manager Roger Stancil. The purpose of this presentation was to update the Council on current plans for implementing recycling programs in the City of Fayetteville. The 1991-92 program will consist of composting, commercial cardboard recycling, establishment of recycling drop-off centers, public education, and continued research on other recycling programs. There being no further business, the meeting was adjourned. REGULAR MEETING MONDAY, FEBRUARY 4, 1991 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, FEBRUARY 4, 1991 7:00 P.M Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Councilmember Nat Robertson, Jr. (at-large), excused Others Present: John P. Smith, City Manager Roger Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Administrative Assistant to the City Manager Jason Brady, Public Information Officer Bob Bennett, City Engineer Al Mitchell, Assistant City/County Planning Director Robert A. Barefoot, Parks and Recreation Director Louis Chalmers, City Traffic Engineer David Nash, Annexation Studies Coordination Kai Nelson, Finance Director Diane Rhoades, Hermitage Place Resident Jerry Wilson, Redistricting Consultant Members of the Press INVOCATION Mayor Dawkins welcomed everyone to the first meeting in February and called on Reverend Willie C. Jones of Bethel Ministries for the invocation followed by the Pledge of Allegiance to the American Flag being led by Derrick Patterson, Scout Troop #613. RECOGNITION Mayor Dawkins recognized Major Mark Spittler, Scout Master, Sergeant Allen Hoy, Assistant Scout Master and John Van Solis, parent, representing Troop #613. These scouts are working on their citizenship and merit badge. Presentation of $1,000 for recycling by Wal-Mart President. The presentation was made by Tricia Turner. 1. Approval of Agenda City Manager John Smith requested to pull item 2 M (1) for further investigation. Councilmember McBryde moved to approve the agenda with the change, seconded by Councilmember Bolton and carried unanimously 8 to 0. 2. Consent: Councilmember Kendrick requested to abstain from voting on item 2 M (2) because of financial reasons. Councilmember McBryde moved to grant the request, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Kendrick requested to pull items 2 M (1) and 2 M (2), Councilmember Pillow requested to correct item 2 C to show Councilmember Kendrick as absent instead of present and Councilmember Cheek requested to pull item 2 E for discussion. Councilmember Kendrick moved to approve the consent agenda with the exception of items 2 C, E, M (1) and M (2). After a second from Councilmember Torrey, the consent agenda and following items were unanimously approved. A. Approval of minutes of November 19, 1990, Regular Meeting. B. Approval of minutes of City council Retreat of January 26, 1991. C. Approval of minutes of January 28, 1991, Special Breakfast Meeting with Legislative Delegation. D. Approval of minutes of January 28, 1991, Information Meeting. E. (PULLED FOR DISCUSSION) F. Set public hearing for March 4, 1991, to receive public comments on change in Fayetteville Area System of Transit fare policy. G. Adoption of resolution declaring cost and ordering preparation of preliminary assessment roll and setting time and place for public hearing on preliminary assessment roll for the drainage improvement of Silk Lane (from N.W. Corner Lot 1, T.M. Hunter Property to E. Property Line Lot 1, T.M. Hunter). RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING LIMIT AND PLACE FOR PUBLIC HEARING (MARCH 4, 1991) ON PRELIMINARY ASSESSMENT ROLL FOR DRAINAGE IMPROVEMENT OF SILK LANE (FROM N.W. CORNER LOT 1, T.M. HUNTER PROPERTY TO E. PROPERTY LINE LOT 1, T.M. HUNTER). RESOLUTION NO. R1991-007. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. H. Approval of Grant Agreement between Fayetteville Regional Airport and N.C. Department of Transportation. Resolution WHEREAS, a grant in the amount of $89,653 has been approved by the Department based on fifty percent (50%) of the non-federal share of the total estimated cost of $1,793,074; and WHEREAS, an amount equal to or greater than $89,654 of the non-federal 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 modifications thereof. I. Adoption of resolution designating local official to file objections under G.S. 18B-901. RESOLUTION AUTHORIZING FILING TO OBJECTIONS FOR ABC PERMITS. RESOLUTION NO. R1991-008. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. J. Approval of revision to Traffic Schedule Number 14-Yield Right-of-Way at the following locations: 1. Executive Place and Ravenhill Road 2. Stanberry Court and Stanberry Street AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NUMBER 14-YIELD RIGHT-OF-WAY, EXECUTIVE PLACE AND STANBERRY COURT). ORDINANCE NO. NS1991-006. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991 K. Adoption of Capital Project Ordinance 91-3. Fayetteville-Cumberland County Restitution Program to be funded in the amount of $26,680 and consists of $24,012 grant from the NCDHR combined with a local match of $2,668 which has been accepted and approved by the Cumberland County Board of Commissioners. The City Police Department is the sponsoring agency and will operate the program. L. Adoption of Capital Project Ordinance Amendment 91-8. This recognizes receipt by the City of two disbursements of Federal Drug Forfeiture funds for a total of $20,105. M. Adoption of demolition ordinances on the following: 1. (PULLED FROM AGENDA) 2. (PULLED FOR DISCUSSION) 3. 926 Ellis Street AN ORDINANCE REQUIRING CITY BUILDING INSPECTOR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE. ORDINANCE NO. S1991-008. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. N. Approval of sale of easement across Lot 67, Harlow Drive. 2E. Adoption of resolution setting a public hearing for March 4, 1991, to consider closing a portion of Converse Circle. Councilmember Cheek asked for a little more information on this closing. City Engineer Bob Bennett responded that there has never been any development on these lots around this cul de sac and the owner has applied for closing that part of the public street. The City is to retain a utility easement and the owner stated he plans to build a single house on the entire tract. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF CONVERGE CIRCLE. RESOLUTION NO. R1991-009. Councilmember Cheek introduced the foregoing resolution and moved it adoption, seconded by Councilmember Pillow and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. 2M. Adoption of demolition ordinances on the following: 2. 312 Barrett Drive AN ORDINANCE REQUIRING THE CITY BUILDINGS INSPECTOR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE. ORDINANCE NO. NS1991-007. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried 7 to 0 with Councilmember Kendrick abstaining. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. 3. Public Hearing: Mayor Dawkins read the policy on the time limit for the public hearings. A. Consideration of the initial zoning to R6 Residential District and C1P Shopping Center District or to a more restrictive zoning classification for an area located on the west side of Raleigh Road (U.S. 401), and on the south side of Andrews Road (SR 1611). Being all of Annexation No. 90-10-335 known as "Lewis/Allen Property." (P90-127) This item was presented by Assistant Planning Director Al Mitchell stating that the Planning Board had recommended approval and that the proposed initial zoning is consistent with the previous County zoning. The public hearing was opened at 7:20 p.m. Mr. Sherrill Collier, 201 Andrews Bead, was recognized stating he was seeking clarification. He asked if the "more restricted zoning" term meant that if a use was to be mere restrictive would it come before Council and would they be notified if a change is made. Mr. Mitchell responded that it would not as long as it meets the ordinance requirements. Mr. Collier asked if a multi-family apartment complex would be allowed without coming back to Council. Mr. Mitchell responded that it would have to be a conditional use permit and cone before Council with notification to adjoining property owners. There being none further to be heard, the public hearing was closed at 8:25 p.m. Mayor Pro-Tem Evans moved to approve the initial zoning as recommended, seconded by Councilmember Ross and carried unanimously 8 to 0. B. Consideration of the rezoning from R5 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located at the southeast corner of the Intersection of Russell and Racepath Streets. (P90-129) This item was presented by Assistant Planning Director Al Mitchell stating that the Planning Board has recommended approval of the rezoning; that this area is in transition from residential to non-residential uses and the M2 Industrial District is a logical extension of the district located north of Russell Street. Mr. Mitchell stated that this is not an appeal but was pulled by Council. The public hearing was opened at 7:30 p.m. and there was none to speak in favor or against this rezoning. Councilmember Bolton moved to approve the rezoning as recommended, seconded by Councilmember McBryde. Councilmember Cheek stated she is opposed to the rezoning because she feels this is a residential area and should not be zoned industrial. Councilmember Kendrick concurred with Councilmember Cheek and stated he also feels that it appears to be spot zoning. Mayor Dawkins called for the vote and it was a tie. Mayor Dawkins voted in favor breaking the tie and the motion carried 5 to 4 with Councilmember Kendrick, Torrey, Cheek and Ross voting against. This will require a second reading at the next regular meeting. 4. Planning Board Matters: A. Consideration of the rezoning from PND Planned Neighborhood District and R10 Residential District to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the north side of Cliffdale Road, west of Lansdowne Road. (P91-11) This item was presented by Assistant Planning Director Al Mitchell stating that the Planning Board recommends approval of the PND tract to C1P and denial of the R10 tract to C1P. Mayor Pro-Tem Evans stated she had talked with some of the property owners in this area and they were in favor of the Planning Board's recommendation, therefore she moved to follow the recommendation of the Planning Board and approve the PND tract to C1P and deny the R10 tract to C1P. The motion was seconded by Councilmember Pillow and carried unanimously 8 to 0. 5. Consideration of rezoning Sessoms Drive to Toggel Drive or combining Sessoms Drive and Farrell Avenue as Farrell Avenue. This item was presented by City Manager John Smith recommending that Council set a public hearing to rename Sessoms Drive to Farrell Avenue. This should be less confusing to the Police, Fire, and rescue workers on the scene. Councilmember Kendrick moved to set a public hearing for March 4 to consider renaming Sessoms Drive to Farrell Avenue. The motion was seconded by Councilmember Bolton and carried unanimously 8 to 0. 6. Consideration of request from residents of Hermitage Place Subdivision to address Council. Diane Rhoades stated she was speaking for the residents of Hermitage Place. She presented some photographs to Council and read from a petition containing 190 names presented to Council which requested that the streets in that area be paved no later than March 15, 1991, because they were in such hazardous conditions. Council also recognized Pamela Elkins, 233 Landsdowne Road. She questioned if the contractor of Frank Horne was the lowest qualified bidder to have these streets because of the problems they have had. She also stated they have not observed any law enforcement patrols in their area, day or night. Ms. Elkins further stated they were requesting a liaison person to work with them in order to get their streets and yards in the condition they were in before the Horne Construction Company came into their area. City Manager John Smith responded that the City Engineer has had several meetings with the contractor. He stated that the water and sewer is essentially complete except for a small portion which was delayed due to some NCDOT right-of-way acquisitions and this caused the construction to be done during the worst possible weather. Mr. Smith stated we have assurances from the contractor that they will respond on a twelve-hour notice basis if we point out any problems to them. Mr. Smith stated that a letter was sent today to the residents indicating what the situation is with regard to the contractor and that they can contact his office or Mr. Bennett's office to make us aware of any problems that need to be passed on to the contractor. Mr. Smith stated he feels the March 15 deadline date could possibly be met provided weather conditions are favorable. He stated we have also put people in contact with the City's Risk Manager to assist them in filing claims against contractor for vehicle damage, mail box damage, and these types of problems. Mr. Smith pointed out that the contractor is under a $250 per day liquidated damages penalty that will be coming off the contract price. This will lessen the assessment of the property owner. Mayor Dawkins assured the residents that we would get this situation corrected. 7. Presentation and discussion of redistricting options. City Manager John Smith reviewed the issues and stated this would be a presentation and discussion only. He introduced Mr. Jerry Wilson, Redistricting Consultant, who gave a lengthy and thorough report on the preliminary findings regarding the current election districts and the impact of new census data. Mr. Wilson reported that the primary factors that we have to consider are balancing the population of the districts and providing equal representation to all the people who reside in Fayetteville. The final census count for the City is 75,695 people. Mr. Wilson stated that with the information available to them they have been able to estimate the minority population of Fayetteville as being between 34 and 37 percent (34%-37%). Mr. Wilson reviewed the deviation figures of each district and the equal representation. He presented some alternatives. The City can continue the present system of six districts and three at-large and if we garnered anything, then we could have major problems down the road. We could increase the number of districts or reduce the number of at-large seats. Another possibility might be to do some type of multi-member scheme such as having three districts with each having three members a piece and he feels fairly certain that the City could maintain an adequate level of minority representation over time. Mr. Smith informed Council that they can make changes in the single member districts and single member districts in combinations of at-large themselves. However, we would require local legislation to create a multimember district. The local bill deadline is April 1, 1991. City Attorney Bob Cogswell recommended that Council keep options open at this point. Although the local legislation deadline is April 1, he feels that if other jurisdictions such as ours are having problems, that the date could be extended or to keep our options open we may have to file some type of generic bill just to keep that option viable and that would have to be submitted for pre-clearance. Mr. Cogswell referred to the notice from the Board of Elections in the packet referring to the non-partisan election, which is what Fayetteville has. It shows the July 5th day for filing to begin but this is for those municipalities without districts. Since we have districts our filing date would be July 24 and any pre-clearance we would be seeking would have to be received before July 24. 8. Consideration of approval of Certificate of Resolution and Incumbency for Lease-Purchase Agreements. This item was presented by City Manager John Smith. He stated that the First Citizens Bank Proposal provides for the commencement of principal payment when the equipment is delivered and accepted by the City which is consistent with the City's RFP. Wachovia's proposal will require the City to expend approximately $50,000 more between the periods February 1991 through June 1991 due to the lease payment structure. He recommended that the Certificate of Resolution and incumbency authorizing the City Manager to execute the appropriate agreements consistent with the provisions of North Carolina General Statutes be approved. Councilmember Bolton moved to approve the Certificate of Resolution and Incumbency for Lease/Purchase agreement awarding to First Citizens Bank. The motion was seconded by Councilmember Kendrick and carried unanimously 8 to 0. CERTIFICATE OF RESOLUTIONS AND INCUMBENCY WHEREAS, the City has entered or is entering into an Equipment Lease/Purchase Agreement dated February 5, 1991, and a Proposal dated January 28, 1991, with First Citizens Bank and Trust Company; NOW, THEREFORE, be it RESOLVED that the Proposal, is hereby approved and that the action of the official or officials of the City in signing the Agreement on behalf of it be, and is hereby, ratified, confirmed and approved; and be it further RESOLVED, that an officer of the City 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) none(s) below are the duly elected or appointed officers of the City 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 City to enter into all documentation connected with the Equipment Lease/purchase Agreement; and (iii) such officers have the authority on behalf of such entity to designate said Contract as a qualified tax-exempt obligation for the purpose of Section 265(b)(3) of the Internal Revenue Code of 1986. NAME TITLE John P. Smith City Manager Assistant City Manager for John B. Brown, Jr. Administration and Finance Kai D. Nelson Finance Director IN WITNESS WHEREOF, I have duly executed this certificate and affixed the seal hereto this 5th day of February, 1991. Signed and sealed by Bobbie A. Joyner, City Clerk 9. Consideration to award of contract for purchase of communication consoles. This Item was presented City Manager John Smith. He stated that although there was only a single bidder, twelve vendors were contacted and two vendors attended a pre-bid conference. He is recommending that the contract be awarded to Motorola Communications and Electronics, Inc., in the amount of $275,027.06. Councilmember Bolton moved to approve the contract as recommended, seconded by Councilmember Kendrick and carried unanimously. 10. Consideration of adoption of an ordinance changing the amount of fine charged for parking in handicapped spaces. AN ORDINANCE AMENDING SECTION 20-70(b) "PENALTY FOR HANDICAPPED PARKING VIOLATION". ORDINANCE NO. S1991-003. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Evans and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1991. 11. Consideration of approval of Fees and Charges Schedule for Parks and Recreation facilities. This item was presented by Parks and Recreation Director Robert Barefoot. He stated that in light of increasing operating costs he and the Recreations and Parks Advisory Commission are recommending the increase be passed on to the users of the facilities. Councilmember Ross stated she feels that the swimming lesson should be a free privilege to all the children. Mr. Barefoot responded they do work with the underprivileged children to either reduce or waiver the fees in some cases. Mayor Pro-Tem Evans requested that Mr. Barefoot notify her of any underprivileged children who cannot pay the fees and she will undertake to get a sum of money given for that purpose. A copy of the fees and charges schedule is attached to these minutes. Councilmember Bolton moved to approve the Fees and Charges Schedule, seconded by Mayor Pro-Tem Evans and carried 7 to 1 with Councilmember Ross voting against. 12. Consideration of adoption of resolution pertaining to the need for a new North Carolina Welcome Center on Interstate 95 at the Virginia Line. RESOLUTION PERTAINING TO THE NEED FOR A NEW NORTH CAROLINA WELCOME CENTER ON INTERSTATE 95 AT THE VIRGINIA LINE. RESOLUTION NO. R1991-010. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Cheek and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. 13. Consideration of items to be referred to Policy Committee. This item was presented by City Manager John Smith stating that there had been some discussion at the Council Retreat concerning Council Meeting procedures and during the Street Committee discussion of Homewood Subdivision it was suggested that the Policy Committee may wish to review the City's policies on street acceptance. Councilmember Bolton moved to refer these two items to the Policy Committee, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 14. Appointments: Nominations to fill one vacancy on Appearance Commission. Councilmember Torrey moved to elect Mr. William L. Clement (B/M), 1883 Gola Drive, Fayetteville, NC 20301, in the at-large category to a term to December 1992. The motion was seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. At this time Councilmember Cheek requested that an Open House schedule be placed on a Council agenda. Mayor Dawkins also requested that the Town Hall Day be schedule in March. 15. Administrative Reports: A. Report on Robeson Street Speed Study. Presented by Louis Chalmers, City Traffic Engineer, in the agenda packet. B. Discussion of request for traffic signal installation at the intersection of Village Drive and Roxie Avenue. These items were presented by City Manager John Smith recommending that these be referred to the Streets and Roads Committee. Mayor Pro-Tem Evans moved to place items A and B on the Streets and Roads Committee agenda. The motion was seconded by Councilmember Torrey and carried unanimously 8 to 0. C. Report on Lafayette Hotel. Mr. Smith reported that be is in negotiation with the property owners of the Lafayette Hotel and several other businesses downtown being considered for demolition. Following lengthy discussion, Councilmember Torrey moved to place all properties that have appealed demolitions on Council agenda for February 19. The motion was seconded by Councilmember McBryde and carried unanimously 8 to 0. There being no further business, the meeting was adjourned upon motion and second at 9:35 p.m. Approved March 18, 1991 Please Note: To view the Table of Parks and Recreation fees and charges summary, please see Book X, page 540 of the City of Fayetteville Meeting Minutes. REGULAR MEETING TUESDAY, FEBRUARY 19, 1991 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER 433 HAY STREET TUESDAY, FEBRUARY 19, 1991 7:00 P.M Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large) (excused 8:30 p.m.); Nat Robertson (at-large); Tommy Bolton (District 1) (arrived 8:07 p.m.); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); and Mark Kendrick (District 6) Absent: Suzan Cheek (District 5) excused Others Present: John P. Smith, City Manager Roger Stencil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Administrative Assistant to the City Manager Jason Brady, Public Information Officer Bob Bennett, City Engineer Al Mitchell, Assistant City/County Planning Director Tim Wood, PWC Manager Frank G. Simpson, Inspections Superintendent Members of the Press INVOCATION Mayor Dawkins welcomed everyone and called on Bill Martin, Chairman of the Carolina Bible College to offer the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Presentation of Proclamation establishing the week of February 17-23 as National Engineers' Week was read by Mayor Dawkins and presented to Jeff Reitzel, Vice President of South Central Chapter Professional Engineers. At this time Mayor Dawkins stated that Councilmember Cheek had another commitment for this night being Tuesday after a holiday and requested to be excused. Councilmember Bolton also has another commitment and will join the meeting later. Councilmember McBryde will need to leave the meeting at 8:30 and is requesting to be excused at that time. Councilmember Ross moved to excuse these Councilmembers as requested, seconded by Councilmember Torrey and carried unanimously 8 to 0. 1. Approval of Agenda City Manager John Smith stated City Attorney Cogswell had requested to add Item 7 for discussion of Interbasin Transfer. Mayor Pro-Tem Evans moved to approve the agenda with the addition, seconded by Councilmember Pillow and carried 7 to 0. 2. Consent: Mayor Dawkins present ad the consent agenda and asked if any items should be removed before calling for action. Councilmember Kendrick requested to pull Item 2 C for discussion. Councilmember McBryde moved to approve the consent agenda with the exception of Item 2 C. After a second from Councilmember Ross, the consent agenda and following items were unanimously approved. A. Approval of minutes of regular meeting of December 17, 1990. B. Approval of minutes of regular meeting of January 7, 1991. C. (PULLED FOR DISCUSSION) D. Adoption of ordinances imposing liens on the following properties: 1. 221 Haigh Avenue AN ORDINANCE IMPOSING A LIEN (7:13 P.M.). ORDINANCE NO. NS1991-009. 2. Lot 41, Lakeland Avenue AN ORDINANCE IMPOSING A LIEN (7:13 P.M.). ORDINANCE NO. NS1991-010. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinance Book NS1991. E. Adoption of a resolution acquiring Dean Drive right-of-way, Parcel W-9. This is a revision of a resolution approved by Council on December 17, 1990. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE PARCEL W-9 (FOR OWEN DRIVE WIDENING PROJECT). RESOLUTION NO. R1991-011. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. F. Adoption of a resolution selecting and retaining bond counsel for the City of Fayetteville pursuant to North Carolina General Statute 159-123. RESOLUTION SELECTING AND RETAINING THE FIRMS OF BROWN & WOOD & RAND, FINCH & GREGORY, P.A. AS BOND COUNSEL FOR THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 159-123. RESOLUTION NO. R1991-012. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. G. Adoption of Capital Project Ordinance Amendment 91-9. This Capital Project Ordinance Amendment recognizes receipt by the City of one disbursement of Federal Drug Forfeiture funds in the amount of $11,441.50. H. Adoption of Budget Ordinance Amendment 91-8. This Budget Amendment is necessary to distribute funds to department acquiring equipment through lease purchase agreements: $724,186 for City Hall partitions and Police vehicles and $1,120,067 for fire pumpers, refuse bodies, cab and chassis, partitions and consoles. Additionally, an appropriation in the amount of $515,000 to pay for municipal street light services provided by the Public Works Commission. I. Approval of request for Local Bill amending Section 8 of the City of Fayetteville Charter regarding supplemental retirement fund for firemen, to correct statutory references only. J. Award of contract for purchase of twelve (12) 25.8 kV vacuum circuit breakers to Hesco, Inc., low evaluated bid. (PWC) Bids received were as follows: Westinghouse Electric Supply Co. $314,520.00 Mill-Oowor Supply, Inc. $315,696.00 *Hesco, Inc. $263,820.00 K. Award of contract for construction of a 24" water main along School Road to Bryant Electric Company, Inc., low bidder. (PWC) Bids received were as follows: *Bryant Electric Company, Inc. $241,581.50 High Point, N.C. C.K. Andrews Contracting Co., Inc. $242,555.97 Fayetteville, N.C. Central Builders, Inc. $248,697.00 Rocky Mount, N.C. T.A. Loving Company $260,402.50 Goldsboro, N.C. J.F. Wilkerson Contracting Co. Inc. $269,419.30 Morrisville, N.C. Billings & Garrett, Inc. $283,111.00 Raleigh, N.C. K.R. Construction Company, Inc. $291,781.50 Middlesex, N.C. Nortec Construction Services, Inc. $297,972.50 Fayetteville, N.C. Dellinger, Inc. $299,298.00 Monroe, NC James A. Dobbins Construction Co., Inc. $305,990.18 Fayetteville, N.C. Autry Grading, Inc. $349,613.25 Fayetteville, N.C. L. Award of contract for construction of Stewart's Creek Sanitary Sewer Interceptor (Line W) to Yates Construction Co., low bidder. (PWC) Bids received were as follows: *Yates Construction Co., Inc. $453,159.00 T.A. Loving Company $485,928.00 F. Wilkerson Contracting $504,045.26 Autry Grading, Inc. $556,997.00 M. Award of contract for purchase of water and waste water chemicals to low bidders. (PWC) The low bidders were as follows: Please Note: To view the tabulation of bids, please see Book X, page 543 of the City of Fayetteville Meeting Minutes. N. Award of contract for sale of seven (7) circuit breakers, declared surplus on January 10, 1991, to R.B. Electric Co., high bidder. (PWC) Bids received were as follows: Belyea Company, Inc. $ 14,500.00 Jersey City, N.J. Switch Gear $ 18,000.00 Grand Prairie, TX Industrial Machine & Electric Equipment $ 18,009.00 Birmingham, AL *R.B. Electric Company $ 22,250.00 Cincinnati, OH O. Award of contract for purchase of nine (9) 72.5 kV Circuit Breakers and spare parts, for Owen Drive and Waters Edge Substations to Westinghouse Electric Supply Company, low bidder. (PWC) Bids tabulations are attached to these minutes. P. Award of contract for construction of 24" Water Main Extension along Cliffdale Road to C.K. Andrews, low bidder. (PWC) Bids received were as follows: C.K. Andrews $469,569.46 Bryant Electric Company, Inc. $478,789.00 Billings & Garrett, Inc. $487,062.50 T.A. Loving $488,993.00 Yates Construction Company $494,728.00 Billy Bill Grading Company $502,886.00 Central Builder, Inc. $518,430.75 Autry Grading, Inc. $523,950.75 Blue Construction Company $525,732.00 Nortec Construction $530,294.00 Dellinger, Inc. $538,952.75 J.F. Wilkerson $542,307.25 W.M. Paris & Associates, Inc. $603,783.25 2C. Adoption of demolition ordinances on the following properties: Councilmember Kendrick requested that Frank Simpson locate Carver Street on the map provided in the packet. He then requested that in the future clearer maps be supplied in order to locate these areas. 1. 214 Brookwood Avenue (Owner: Mr. and Mrs. Charles Cooper) AN ORDINANCE REQUIRED THE CITY BUILDINGS INSPECTOR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE BUILDINGS AND BUILDINGS MINIMUM STANDARD CODE OF THE CITY. ORDINANCE NO. NS1991-011. 2. 918 Carver Street (Owner: Mr. and Mrs. Alex Williams) AN ORDINANCE REQUIRING THE CITY BUILDINGS INSPECTOR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1991-012. 3. 216 "B" Street (Owner: Twyla Maddox Carter and Twyla Catherine Lane) AN ORDINANCE REQUIRING THE CITY BUILDINGS INSPECTOR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1991-013. 4. 226 Myrover Street (Owner: Mr. and Mrs. James L. Breswitz) AN ORDINANCE REQUIRING THE CITY BUILDINGS INSPECTOR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1991-014. Councilmember Kendrick introduced the foregoing ordinances and moved their adoption, seconded by Council member Torrey and carried 7 to 0. A copy of the forgoing ordinances are on file in the Clerk's office in Ordinance Book NS1991. 3. Public Hearings: Mayor Dawkins read the time limit policy for the public hearings. A. Consideration of the initial zoning to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the west side of Ramsey Street (U.S. 401), north of McArthur Road. Being all of Annexation No. 90-11-336 known as "Mid-South Insurance Co. Property." (P91-3) This item was presented by Assistant Planning director Al Mitchell stating that the proposed initial city zoning is consistent with the previous County zoning, and the Planning Board recommends approval of the initial zoning. The public hearing has opened at 7:17 p.m. and recognized speaking in favor was Stacy Weaver, representing Mid-South Insurance Company. He stated they are in the process of building a 75,000 square foot, three-story office building which should be on enhancement to the City. He asked that Council approve this zoning. There being none further to speak for or against this item, the public hearing was closed at 7:19 p.m. Mayor Pro-Tem Evans moved to follow the recommendation to approve the initial zoning as requested, seconded by Councilmember McBryde and carried 7 to 0. B. Consideration of the initial zoning to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the west side of Skibo Road (U.S. 401 Bypass), south of Camp Ground Road. Being all of Annexation No. 90-11-337 known as "Pep Boys Property." (P91-4) This item was presented by Assistant Planning Director Al Mitchell stating that the proposed initial City zoning is consistent with the previous County zoning and the Planning Board has recommended approval of this initial zoning. The public hearing was opened at 7:20 p.m. and there being none to speak in favor or against this zoning, the public hearing was closed. Councilmember Kendrick moved to approve the initial zoning as recommended, seconded by Councilmember Pillow and carried 7 to 0. C. Consideration of the initial zoning to R6 Residential District and M2 Industrial District or to more restrictive zoning classification for an area located on the north side of Cumberland Road, west of Hopedale Street (SR 2999). Being all of Annexation No. 90-11-338, known as the "Hall Property." (P91-5) This item was presented by Assistant Planning Director Al Mitchell stating that staff and Planning Board recommends zoning all of Tract 1 to R6 Residential District and recommends zoning Tract 2 to M2 Industrial District with the exception of the property lying north of the line extending the R6 Residential District across the property. The public hearing was opened at 7:25 p.m. Property owner, Vonnie Hall, 1807 Roxie Avenue, stated that the water and sewer lines come down Cumberland Road and the water is already in place. The sewer is approximately 200 meters from the property. He stated that the entire lot has been in the same use for the past ten years. Mr. Hall stated if the portion of his property were cut off as recommended by the Planning Board, it would hinder his business due to that portion being used for the some type of operation. He stated if this zoning is approved as recommended by the Planning Board, he would not be able to use that portion of his property. City Attorney, Bob Cogswell stated that if the City followed the recommendation of the Planning Board to cut off that end of the property, Mr. Hall would still be able to conduct his salvage business and would not be non-conforming because he has a vested right. Jerry Bell, 3904 Cumberland Road, stated that he lives in the trailer on that piece of property and works for Mr. Hall. Appearing in opposition was John Dees, 3914 Carlos Avenue. He stated that Mr. Hall was supposed to put up a buffer and as it stands now he has about an eight foot high fence with shrubbery one foot high. The junk cars are stacked up along that fence. Mr. Dees requested that the whole area be zoned R6 and let him put mobile homes on that lot instead of a junk yard. Also appearing in opposition was Hugh Winfee, 212 Carbine Street. He concurred with Mr. Dees and stated this was nothing but a junk yard. It needs a buffer and it needs to he zoned R6. There being none further to speak for or against this item, the public hearing was closed at 7:40 p.m. Mayor Pro-Tem Evans moved to postpone decision on this item for two weeks to March 4 to enable staff to investigate further. The motion was seconded by Councilmember Ross and carried 7 to 0. D. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32 "Zoning" to set forth provisions for conditional use overlay districts. (P91-12) This item was presented by Assistant Planning Director Al Mitchell stating that the proposed Conditional Use Overlay district provides a needed flexibility in application of the zoning ordinance within the City of Fayetteville. Mr. Mitchell stated there was a minor change on the last page of the proposed ordinance amendment, paragraph (b). Mr. Mitchell stated that the Planning Board recommends approval. The public hearing was opened at 7:47 p.m. Appearing in favor was Ranny Nimocks, Realtor. He stated this would be an additional tool for zoning exceptional cases and this cannot be abused as long as the public hearing process through the Planning and Council is followed. Also appearing in favor was Stacy Weaver, Realtor. He stated that this concept from a case in Guilford County involving the usefulness of a feed mill to some farmers in the area. The Supreme Court of North Carolina laid down certain criteria and gave a legal blessing to the concept of a conditional use zone. From that the enabling legislation followed. He stated this Conditional Use overlay would allow the non-conforming uses to continue when neighbors don't have objections to that particular use but would not want it rezoned to allow other uses. Appearing in opposition was Julia Parker, 308 Hinsdale Avenue. She stated that she was a homeowner and could not understand why the City had to follow the County if it is not needed. This overlay will allow changes that could be undesirable. She further stated that she feels there is a need to have more information for the average homeowners to understand this. Mr. R.B. Stone, 115 Old Gate Road, also opposed this ordinance change and agreed with Mrs. Parker. Mr. Stone also told of an experience they were havIng with a case they have been fighting through the courts for several years. Councilmember Bolton arrived at the meeting at 8:07 p.m. Also recognized in opposition was Tony Noble, 111 Hearthstone Drive. He stated the problem with the conditional overlay is that it's too subtle. He feels that the City should not allow the County in this but have the County follow the City. Mr. Noble stated that this will only legitimize spot zoning and the Council would be doing a disservice to its citizens if they allow this to be approved. Steven Gardella, 3787 Clinton Road, City property owner stated he was in opposition and is representing the Tax Action Group. They had voted at their recent meeting to oppose the Conditional Use Overlay and they are requesting that Council deny this amendment. Appearing in rebuttal was Mr. Weaver stating that the property cannot always be the same. Changes do have to occur for growth. He stated this was adopted some time ago by the County and they had hold public hearings before the Planning Board. They were advertised and discussed and there is nothing in this ordinance that would allow businesses in residential zoned areas. Mr. Weaver stated that some of the tools available to County Commissioners, Planning Board, and Council would be to set some conditions to protect the area and residents. There being none further to be heard on this matter, the public hearing was closed at 8:20 p.m. Councilmember McBryde moved to postpone the action on this matter until March 4 until all Councilmembers could be present. the motion was seconded by Councilmember Bolton and carried 8 to 0. Councilmember McBryde was excused from the meeting at 8:30 p.m. 4. Planning Board Matters: A. Consideration of the rezoning from as Residential District to M2 Industrial district or to a more restrictive zoning classification for an area located at the southeast corner of the intersection of Russell and Racepath Streets. (P90-129) (Second reading) This item was presented by Assistant Planning Director Al Mitchell stating that the Planning Board recommends approval of this second reading. Councilmember McBryde moved to approve the second reading as recommended, seconded by Mayor Pro-Tem Evans. Councilmember Kendrick stated he still thinks we are putting the heaviest industrial district that we have the authority to put abutting an R5 Residential property. He feels the entire area is being misused and he would not be able to vote in favor of this. Mayor Dawkins called for the vote and the notion carried 4 to 3 with Councilmembers Ross, Kendrick, and Robertson voting against. 5. PWC Matters: A. Consideration of award of contract for purchase of 200,000 of 1/0 underground primary cable to Rigby Electric Supply, low evaluated bid. This item was presented by PWC Manager Tim Wood stating that this is for a low evaluated bid because underground cable has been a serious problem for them over the years. Rigby Electric Company's bid came with a 40-year warranty. Bids received are as follows: Eastern Electric Supply, Inc. $300,000.00 Hesco, Inc. $267,000.00 Mill-Power Supply $308,000.00 *Rigby Electric Supply $296,000.00 Westinghouse Electric $268,200.00 Power & Telephone $328,600.00 Tennessee Valley Electric $273,000.00 Councilmember Kendrick moved to award the contract to Rigby Electric Supply, low evaluated bidder as recommended. The motion was seconded by Councilmember Bolton and carried 7 to 0. B. Consideration of award of contract for purchase of Digger Derrick to Baker Equipment Company, low bid meeting specifications. Bids received were as follows: TOTAL *Baker Equipment Engineering Company $113,096.00 Patrick Ford, Inc. $111,050.00 Smith International Truck Center $114,993.07 U.S.I. $102,191.00 Mayor Pro-Tem Evans saved to award the contract as recommended, seconded by Councilmember Bolton and carried 7 to 0. PWC staff was excused at 8:45 p.m. 6. Consideration of appeal of an order to repair or demolish the property located at 442 Franklin Street. This item was presented by City Manager John Smith stating that be has been in contact with property owners of Items 7, 8, and 9 but has not been able to contact the owner of Item 6 and suggested that Council postpone these items until March 4 meeting. Councilmember Bolton moved to continue Items 6 through 10 to March 4. Mayor Pro-Tem Evans seconded the motion and it carried 7 to 0. Councilmember Kendrick requested that certified letters of notification be sent to the concerned parties. 7. Consideration of appeal of an order to repair or demolish the property on Hay Street known as the Broadway Theatre. (CONTINUED TO MARCH 4, 1991) 8. Consideration of appeal of an order to repair or demolish the property on Hay and Donaldson Streets known as the LaFayette Hotel. (CONTINUED TO MARCH 4, 1991) 9. Consideration of appeal of an order to repair or demolish the property located at 223 Hay Street. (CONTINUED TO MARCH 4, 1991) 10. Discussion of proposed purchase of LaFayette Hotel property. (CONTINUED TO MARCH 4, 1991) 11. Consideration of acceptance of property by Eutaw Shopping Center. This item was presented by City Manager John Smith stating that be recommends we accept this property under the condition that all taxes and liens be paid. It is a wooded area in the flood plain and Parks and Recreation has no plans to develop this property so it would remain as it currently is. He stated he felt that owning this property would not put us under any more obligations than we already are. Councilmember Kendrick stated that he feels we have too many drainage problems in the City already. Mayor Pro-Tem Evans moved to accept this property free and clear of taxes or liens. The motion was seconded by Councilmember Pillow and carried 6 to 1 with Councilmember Kendrick voting against. 12. Consideration of approval of Municipal Agreement between the City of Fayetteville and the North Carolina Department of Transportation for a proposed railroad crossing improvement project (North Street at Southern Railroad). This item was presented by City Manager John Smith recommending that this be referred to the Streets and Roads Committee. Councilmember Bolton moved to follow the recommendation to refer this item to the Streets and Parks Committee, seconded by Councilmember Robertson and carried 7 to 0. 13. Consideration of adoption of resolutions for Council request to N.C. DOT to consider construction of sidewalks for the following: A. Construction of sidewalks along the west side of Ramsey Street across the intersection of be C.B.D. Loop. Councilmember Kendrick moved to approve as recommended, seconded by Councilmember Robertson and carried 7 to 0. B. Construction of sidewalks along the south side of Robeson Street across be C.B.D. Loop. RESOLUTION OF THE CITY COUNCIL. RESOLUTION NO. R1991-013. Councilmember Ross the foregoing resolution and moved its adoption, seconded by Councilmember Robertson and carried 7 to 0. A copy of the foregoing resolution is on file in the Clerk's office in resolution Book R1991. 14. Consideration of adoption of a resolution regarding funding for Fayetteville Technical Community College Applied Technology Center. RESOLUTION. RESOLUTION NO. R1991-014. Councilmember Bolton introduced the foregoing resolution and moved its adoption seconded by Councilmember Kendrick and carried 7 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book 1991. 15. Consideration of request from Councilmember Suzan Cheek for discussion on the following: A. Setting a town meeting for garbage pickup. B. Setting a date for a City Hall open house. C. Setting a date for a joint meeting with Fayetteville Airport Commission. D. Referral to Street and Roads Committee of Adopt-A-Street and associated programs. Councilmember Bolton moved to postpone these items to March 4, 1991. The motion was seconded by Councilmember Kendrick and carried unanimously. 16. Consideration of request for legal representation. City Attorney Bob Cogswell requested that Council authorize representation by Larry McLaughlin for Police Officer Michael Halstead at the rate of $90 per hour and representation for the City by Ross, Worth, Cheatwood at $90 per hour. Councilmember Ross moved to approve the request, seconded by Mayor Pro-Tem Evans and carried 7 to 0. 17. Administrative Reports: A. Statement of taxes collected for the month of January, 1991, from the Cumberland County Tax Collector Council accepted the statement of taxes collected in the amount of $4,102,763.34. B. Discussion of Interbasin Transfer. City Attorney Bob Cogswell presented this item stating that the hearing was head in August, the parties filed their proposed findings of fact and conclusions of law based upon the evidence presented at the hearing, the Administrative Law Judge has recommended the Environmental Management Commission affirm their previous decision. We are given the opportunity to file written objections and ask for an argument before the Commission when they make their decision. We have been notified of the dates to file these objections to be made probably in July. This is to bring Council up-to-date and no action is required. Mayor Dawkins then recognized Councilmember Bolton who extended an invitation to Council and anyone else who wanted to attend an event in support of the Desert Storm troops. This is sponsored by Councilmember Bolton and several other businessmen with the proceeds of the sale of barbeque tickets to go to the Desert Storm families at Fort Bragg and Pope Air Force Base. Ms. North Carolina will be present and there will be pony rides for the children. This event will be held March 1 at Cross Pointe Center in front of Hechingers. There being no further business, the meeting was adjourned at 9:00 p.m. upon motion and second. Approved March 18, 1991 Please Note: To view the Table of proposals for circuit breakers for Owen Drive and Waters Edge Substations, please see Book X, page 550 of the City of Fayetteville Meeting Minutes. INFORMATION MEETING MONDAY, FEBRUARY 25, 1991 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL MULTIPURPOSE ROOM 433 HAY STREET MONDAY, FEBRUARY 25, 1991 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans, Nat Robertson, Jr., Milo McBryde, Tommy Bolton, Ida Ross, Joseph Pillow, Thelbert Torrey, Suzan Cheek, and Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager John B. (Ben) Brown, Jr., Assistant City Manager Robert C. Cogswell, Jr., City Attorney Al Mitchell, Deputy Director, Joint Planning Board Mayor Dawkins called the meeting to order and recognized Councilmember Ida Ross for the invocation. Following the invocation, Mayor Dawkins led in the Pledge of Allegiance to the American Flag. Mayor Dawkins recognized Al Mitchell who explained that tonight was the beginning of the strategic planning session for the City Council. He related this session as a continuation of the goal setting session held by the Council. Mr. Mitchell explained the strategic planning process and introduced Dolores Palma of Hyett-Palma, Inc., from Washington, DC, who would facilitate the strategic planning process. The Council first identified issues important to the community. Following identification of a large list of issues, the Council identified the key issues in the community as follows: 1. Recycling and keeping the City budget in check. 2. PWC and County water/sewer service plan. 3. War on drugs and crime. 4. Renovate or demolish downtown buildings. 5. Continue road improvement projects. Under the direction of Ms. Palma, Council then worked through the establishment of a mission statement for the top priority issue, recycling. Mr. Mitchell informed the Council that this process would continue throughout other Information Meetings by the Council until a strategic Plan was developed. There being no further business, the meeting was adjourned. Approved April 1, 1991 REGULAR MEETING MONDAY, MARCH 4, 1991 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, MARCH 4, 1991 7:00 P.M Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Administrative Assistant to the City Manager Jason Brady, Public Information Officer Bob Bennett, City Engineer Al Mitchell, Assistant City/County Planning Director Robert Barefoot, Parks and Recreation Director Jerome Brown, Transit Director Louis Chalmers, City Traffic Engineer Members of the Press INVOCATION Mayor Dawkins welcomed everyone to the first meeting in March. He expressed how happy and thankful the City of Fayetteville and the nation are for the events in the last few days in the Middle East. We are looking forward to welcoming back the troops and reminded everyone of the big parade and rally planned for this Sunday. Mayor Dawkins then called on Reverend Lawrence Miller, Pastor of the AME Zion Church, Cool Spring Street, followed by the Pledge of Allegiance to the American Flag being led by Carl Kuzinski, holding the rank of Star in Scout Troop 709. Mayor Dawkins recognized the members and leaders of Scout Troop 709 present in the audience. 1. Approval of Agenda Councilmember Bolton stated that he had spoken with Mr. Keith and Dr. Milligan concerning Item 8 on the agenda and was informed that they were not aware this would be placed on the agenda for this meeting. Therefore, Councilmember Bolton moved to remove Item 8 from the agenda and placed on the March 18 agenda. The motion was seconded by Councilmember Kendrick and carried unanimously. Councilmember Torrey moved to approve the agenda with the deletion of Item 8, seconded by Councilmenber Ross 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 moved to approve the consent agenda. After a second from Councilmember McBryde, the consent agenda and following items were unanimously approved: A. Approval of minutes of regular meeting of January 22, 1991. B. Approval of Tax Refunds. 1. Tax refund in the amount of $40.18 to McLeod, Senter, Winsette - incorrect vague of 1976 Cadillac Eldorado. 2. Tax refund in the amount of $83.32 to Michael G. Edrington - illegal tax: military non-resident. 3. Tax refund in the amount of $295.89 to Associated Service Corp. - overstated equipment values. 4. Tax refund in the amount of $21.81 to Howard J. Campbell - 1985 Subaru listed in error. 5. Tax refund in the amount of $25.93 to Pat Caudill - 1985 Nissan charged on bill no. 3865014. 6. Tax refund in the amount of $24.92 to Cecil Ellis - 1981 Dodge truck keyed as 1986 Dodge truck. 7. Tax refund in the amount of $28.94 to Kuniko Gibson - 1984 Toyota Tercel listed incorrectly. 8. Tax refund in the amount of $40.49 to Eugenia Gullick - double listed 1986 Toyota Camry in error. 9. Tax refund in the amount of $7.01 to Michael B. Kirby - 1979 Chevy listed in error. 10. Tax refund in the amount of $78.04 to James M. Kizer - 1986 Acura listed in error. 11. Tax refund in the amount of $32.31 to Michael E. Kreutz - illegal tax: military non-resident. 12. Tax refund in the amount of $35.08 to James F. Leach - correct tax district to Westarea. 13. Tax refund in the amount of $135.74 to Patricia H. Martinez - illegal tax: military non-resident. 14. Tax refund in the amount of $39.87 to David E. Marino - 1989 Porsche value in error. 15. Tax refund in the amount of $10.70 to Mildred McDuffie - 1981 Toyota charged on bill no. 3502191. 16. Tax refund in the amount of $87.99 to Tommie W. McKoy - 1985 Mercedes listed in error. 17. Tax refund in the amount of $35.11 to Broom McMillan - 1987 Chevy listed with incorrect year. 18. Tax refund in the amount of $46.53 to Mattie Potts - 1986 Chrysler listed in error. 19. Tax refund in the amount of $30.06 to Willie J. Purdie - 1983 Chevy G2O van double listed. 20. Tax refund in the amount of $5.13 to Mechthild Quinones - 1980 Chevy Monza billed in error. 21. Tax refund in the amount of $405.11 to R.L. Pittman Trust - improvements located at 188-122 Donald Street charged incorrectly to this parcel. 22. Tax refund in the amount of $6.12 to Joseph H. Robinson - 1974 Dodge listed in error. 23. Tax refund in the amount of $120.34 to Wyetta Robinson - charged with too much land that was incorrectly mapped. 24. Tax refund in the amount of $5.39 to Lenora Sanders - correct tax district to Bonnie Doone. 25. Tax refund in the amount of $13.21 to James E. Tanner - 1980 Ford listed in error. 26. Tax refund in the amount of $37.95 to John Tidrow - 1986 VW charged on bill no. 1299233. 27. Tax refund in the amount of $73.16 to Wilbert Whitfield - 1983 Lincoln listed in error. 28. Tax refund in the amount of $3.87 to John S. Whitlock - 1979 Fiat charged twice. 29. Tax refund in the amount of $48.06 to Ronald L. Williams - correct tax district to Westarea. C. Reset public hearing for March 18, 1991, to consider a new street name for the public right-of-way currently known as "Sessoms Drive," located south of the intersection of SR 1838, Dunn Road, and north Plymouth Street running eastwardly from its intersection with the eastern margin of Dunn Road to the southern end of Farrell Avenue to be renamed to Farrell Drive. D. Adoption of Budget Ordinance Amendment 91-9. Budget Ordinance Amendment to distribute a $945 donation from the Knights of Columbus to the sponsor group. E. Approval of amendment to Section 7-10 of the Code of Ordinances of the City of Fayetteville. AN ORDINANCE AMENDING SECTION 7-10 (GRAZING ANIMALS). ORDINANCE NO. S1991-004. A copy of the foregoing ordinance is on file in the Clerks office in Ordinance Book S1991. F. Approval of bid award for improvements to LaGrange Water Company system to Autry Grading, low bidder. (PWC) Bids received were as follows: TOTAL BID *Autry Grading $757,395.67 Bryant Electric 823,970.00 Yates Construction Co. 833,842.00 Dobbins Construction Co. 838,934.80 T.A. Loving 848,825.75 Andrews Contracting Co. 850,019.69 Billy Bill Grading Co. 857,580.20 Billings & Garrett 916,965.50 W.M. Paris 938,205.75 Blue Construction Co. 962,920.00 Wilkerson Contracting 974,737.50 3. Public Hearings: Mayor Dawkins read the policy on the time limit for the public hearings. A. Consideration of adoption of resolution confirming assessment roll and levying assessments for the drainage improvement of Silk Lane (from N.W. Corner Lot 1, T.M. Hunter Property to E. Property Line Lot 1, T.M. Hunter). This item was presented by City Attorney Bob Cogswell certifying that notices of the hearing on this preliminary assessment roll were mailed to owners of property shown on the roll. He also reviewed the thirty percent discount policy. The recommended action was for the adoption of the resolution. The public hearing was opened at 7:16 p.m. and there being none to speak in favor or against, the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1991-015. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Pillow and carried unanimously at 7:17 p.m. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. B. Consideration of a resolution to officially close a portion of Converse Circle. This item was presented by City Engineer Bob Bennett stating that Lots 6 through 12 are owned by one property owner who wants to utilize this as a single residential development. Mr. Bennett stated that they see no need for this to be utilized as a public street. The other lots will continue to maintain access and the City will retain an easement for existing utilities. Mr. Bennett recommended adoption of the resolution closing the portion of Converse Circle. The public hearing was opened at 8:18 p.m. and there being none to speak in favor or in opposition to this matter, the public hearing was closed. RESOLUTION AND ORDER CLOSING A PORTION OF CONVERSE CIRCLE. RESOLUTION NO. R1991-016. Councilmember Ross introduced the foregoing resolution and moved its adoption, seconded by Mayor Pro-Tem Evans and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. C. Consideration of approval of changes in Fayetteville Area System of Transit fare policy. This item was presented by Transit Director Jerome Brown stating that the Transit Department proposes to change the fare policy to allow a half fare program for the elderly and handicapped only. This proposal would also continue all contractual arrangements with Human Service Agents to have a half fare element as part of the contract. The three options were listed in the agenda packet and Mr. Brown is recommending Option C. The intent of this option is to require I.D. cards in order to alleviate some problems of abuse of the program. This option calls for renaming the Collegiate Pass to Student Pass. It also eliminates the half fare for students that are not using bus passes. It allows students to purchase a Student Pass at the FAST Information Center at a reduced rate. The remaining pass programs would continue in their present forms. Any child under 3 feet tall would continue to ride for free. Medicare cards would be proof of eligibility for all half fare programs. PROGRAMS *(I.D. Cards Required BASE ONE-WAY Under Special Conditions) FARE TRANSFERS TRIP Full Fare 60¢ 25¢ 85¢ Half Fare *Elderly (over 60 Yrs.) & Handicapped 30¢ 10¢ 40¢ Passes *Monthly Regular $24 nc n/a 10-Ride Pass $ 5.40 nc n/a *E & H Monthly $12 nc n/a *E & H 10-Ride $ 2.70 nc n/a *Student Pass $18 nc n/a It is recommended that Option "C" be approved as a change in the fare policy for the Fayetteville Area System of Transit. Following some questions and answers, Councilmember Cheek stated that she is opposed to the increase in the student fares. The public hearing was opened at 7:27 p.m. and there being none to speak in favor or in opposition to this item, the public hearing was closed. Mayor Pro-Tem Evans moved to follow the recommendation to approve Option C. The motion was seconded by Councilmember Robertson and carried 8 to 1 with Councilmember Cheek voting against. 4. Planning Board Matters: A. Consideration of the Initial zoning to R6 Residential District and M2 Industrial District or to more restrictive zoning classification for an area located on the north side of Cumberland Road, west of Hopedale Street (SR 2995). Being all of Annexation No. 90-11-338, known as the "Hall Property." (P91-5) This item was presented by Al Mitchell stating that the Planning Board recommended zoning all of Tract 1 to R6 Residential District and zoning Tract 2 to M2 Industrial District with the exception of the property lying north of the line extending the R6 Residential District across the property. City Attorney Cogswell stated that the property owner has a vested right and any conditions would still apply. Following lengthy discussion, Mayor Pro-Tem Evans moved to approve the initial zoning as originally advertised with the Tract 1 remaining R6. The motion was seconded by Councilmember Ross and carried unanimously. B. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32 "Zoning" to set forth provisions for conditional use overlay districts. (P91-12) This item was presented by City Attorney Bob Cogswell stating that the original draft of this ordinance was put in this packet instead of the revised ordinance. He referred to the last page of the ordinance showing a slight difference in the wording on the last page for paragraph B under Recommendations and Approval. In the sixth line after, "upon the uses to be allowed in the district only," the words, "after considering the factors in 32.21.3.3(a) and" be added. Mr. Cogswell also suggested changing the word "considering" to the word, "weighing." Councilmember Kendrick moved to deny the proposed ordinance amendment. The motion was seconded by Mayor Pro-Tem Evans. Councilmember Cheek offered a friendly amendment to refer this matter back to the Planning Board for them to resubmit a much more restrictive ordinance. Councilmember Kendrick did not accept the friendly amendment. There being no further discussion on the matter, Mayor Dawkins called for a vote and the motion carried 6 to 3 with Councilmembers Torrey, Cheek, and Ross voting against. 5. Consideration of proposal on LaFayette Hotel and Broadway Theatre buildings. This item was presented by City Manager John Smith stating that he had negotiated with these two property owners since the last meeting, and recommended that the remaining properties under consideration be postponed until he could contact those property owners. Mr. Smith stated that the property owners of the Lafayette Hotel and Broadway Theatre buildings would enter into a private contract for demolition of the two buildings, with the demolition to be completed within six months. The City would then enter into an agreement to purchase both properties following the demolition. The purchase price of the property to be the cost of the demolition plus an additional $5,000 for asbestos removal which has already taken place and an additional $15,000 to cover out-of-pocket expenses of the property under Lafayette Hotel. Mr. Smith recommended that Council approve this in concept so contractors can proceed and allow property owners to get permits for demolition and return to Council with a purchase contract. Councilmember McBryde stated he felt this would not only be less expense for the City but would be quicker, therefore moved to follow the recommendation of the City Manager. The motion was seconded by Councilmember Ross and carried unanimously. 6. Consideration of request for funding for skateboard facility. This item was presented by City Manager John Smith stating that this item had previously come before Council and was referred to the City/County Liaison Committee. The original proposal was endorsed by the Friends of the Park for a funding package to fund a skateboard facility. They were asking for $12,500 from the City and $12,500 from the County. They plan to match that amount with private donations and contributions. This has been approved by the County Commissioners. The facility would be located at the Teen Center. The City/County Liaison Committee recommends approval of the $12,500 funding. Councilmember Ross moved to follow the recommendation to fund the $12,500. The motion was seconded by Councilmember Robertson. Following lengthy discussion with concerns regarding supervision and insurance coverage, Mayor Dawkins called for a vote and the motion carried 5 to 4 with Councilmembers McBryde, Kendrick, Pillow and Cheek voting against. 7. Consideration of adoption of the paving assessment roll for Community Drive. Public hearing was completed on December 17, 1990. This item was presented by City Manager John Smith stating that Council postponed the decision on this paving assessment because of a property owner maintaining that the measurements are incorrect. Mr. Smith stated that in similar-type projects the City assesses the front footage based upon the right-of-way lines on a street and not the curb lines. Councilmember Bolton inquired about the catch basin in front of the property owner's driveway that he had mentioned during the public hearing at the last meeting. Mr. Smith responded that this catch basin went to the property line, however it should not interfere with his driveway because it is off to the side of the driveway. Councilmember Ross asked if the right-of-way donation affects the amount of the assessment and Mr. Smith responded that it does not. There were many right-of-way donations. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1991-017. Councilmember Cheek moved to adopt the foregoing resolution, seconded by Councilmember Pillow and carried 8 to 1 at 9:00 p.m. with Councilmember Ross voting against. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. 8. (REMOVED FROM AGENDA) 9. Consideration of request for speed limit reduction on Swann Street. City Manager John Smith advised Council that an error was made on the recommended action for this item. It should be to set a public hearing rather than adoption of ordinance. He is recommending April 1 for the public hearing. Councilmember Kendrick moved to set a public hearing for April 1 to consider the request for speed limit reduction on Swann Street, seconded by Councilmember Cheek and carried unanimously. 10. Consideration of revision to Traffic Schedule No. 11 - Parking Prohibited - Pepsi Lane (formerly North King Street) and Beale Street. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 11 - PARKING PROHIBITED). ORDINANCE NO. NS1991-015. Councilmember Robertson introduced the foregoing ordinance and moved its adoption, seconded by Mayor Pro-Tem Evans and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. 11. Report from Policy Committee. Councilmember McBryde, Chairman of the Policy Committee, reported that the Policy Committee recommends no changes in the current City Council procedure policy. 12. Consideration of budget amendments for Market House Project. This item was presented by City Manager John Smith who reviewed the status of this project. He stated this is outside structural work and not cosmetic or work inside the Market House. The budget amendments increased the estimate of project construction cost by $46,000 with resources of $28,000 from the General Fund and $18,000 from the Cumberland Community Foundation. Mayor Pro-Tem Evans moved to follow the recommendation and approve the budget amendment, seconded by Councilmember Pillow. Following discussion the vote was called and the motion carried 5 to 4 with Councilmembers McBryde, Torrey, Ross and Robertson voting against. 13. Consideration of request from Councilmember Suzan Cheek for discussion on the following: A. Setting a town meeting on garbage pickup. Councilmember Cheek stated that she was still receiving numerous complaints from People that are unhappy with the once a week garbage pickup. Councilmember Cheek moved to set a public hearing for March 25th for a town meeting with staff making a presentation showing how they feel the garbage pickup is working now and how much it is costing or saving. Also the expense of changing back. Councilmember McBryde seconded the motion and it carried 9 to 0. B. Setting a date for a City Hall open house. Councilmember Cheek suggested that an open house be held in conjunction with some other major downtown activities such as Sunday on the Square to invite the citizens to come in and visit their new City Hall. Therefore, Councilmember Cheek moved to set May 5 for the City Hall open house, seconded by Councilmember Robertson and carried unanimously. C. Setting a date for a joint meeting with Fayetteville Airport Commission. Councilmember Cheek stated that she was renewing her request to have a joint meeting with the Airport Commission. Following some discussion, John Smith was instructed to check with the Airport Commission for a nighttime meal/meeting and suggest a date at the next meeting. D. Referral to Street and Roads Committee of Adopt-A-Street and associated programs. Councilmember Cheek stated she would like to have an update on the Plant-A-Tree program. Ms. Cheek stated she is also concerned with the litter on the roads and streets and wondered if it was possible to encourage the State Highway Department to work on their Adopt-A-Street trash pickup program on State roads in the City and maybe we could variation of their Adopt-A-Street pickup program to get the City streets cleaned up. Councilmember Cheek moved to refer this item to the Streets and Roads Committee. The motion was seconded by Mayor Pro-Tem Evans. Councilmember Pillow stated that the Plant-A-Tree program has already been approved and we should follow through before beginning another program. Following further discussion, Mayor Dawkins called for the vote and it carried 8 to 1 with Councilmember Pillow voting against. 14. Appointments: A. Nominations to fill four vacancies on Human Services Commission. Mayor Pro-Tem Evans nominated Ms. Annie Chavis, Marie Presler, and Mary Davis to serve second terms. This leaves a vacancy without a nomination. Councilmember Ross stated she would place a nomination at the next meeting for a white female to keep the racial balance. Councilmember Kendrick requested that Mr. Smith check into the ex-officio members because of their poor attendance. 15. Administrative Reports: City Manager John Smith stated that the City/County Liaison Committee had requested a meeting to be set up for public input on the County-Wide Water and Sewer Study and he is suggesting March 13 at 7:00 p.m. in the Council Chambers. Council was unanimous to this recommendation. Mr. Smith brought to Council's attention the information item regarding the State's attempt to take money away from municipalities this fiscal year. Councilmember Kendrick moved to have a letter sent through the Mayor to the Legislative leaders concerning this matter. The motion was seconded by Councilmember Ross and carried unanimously. There being no further business, the meeting was adjourned at 9:30 p.m. upon motion and second. Approved April 1, 1991 REGULAR MEETING MONDAY, MARCH 18, 1991 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, MARCH 18, 1991 7:00 P.M Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jerry Croll, Engineer II Al Mitchell, Assistant City/County Planning Director Sulo Heikkinen, Single Stars Square Dance Club Members of the Press INVOCATION Mayor Dawkins called on Reverend Bill Hemmingway, St. Joseph's Episcopal Church on Ramsey Street to offer the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins wanted to bring it to everyone s attention that it is St. Joseph's Episcopal Church that feeds the homeless 365 days per year. 1. Approval of Agenda City Manager John Smith requested to pull Item 2 E from the agenda because this was put on by mistake. The petition for this speed limit change was for one block of Nix Road only and City policy requires a petition from the entire length of the street. Mr. Chalmers is working with the neighborhood to get this petition for the entire street. He also requested that Item 2 J be pulled because a bid was not received and we will not be able to sell the lot on McDaniel Street. We will attempt again to receive a bid. Mr. Smith also requested to pull Item 6 because he is meeting with the property owners and they are trying to reach an agreement on this matter. City Attorney Bob Cogswell requested that Item 13 be pulled and placed on March 25 agenda. Councilmember McBryde moved to approve the agenda with the exception of Items 2 E, J, Item 6, and Item 13. The motion was 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 2 I for discussion. Councilmember McBryde moved to approve the consent agenda with the exception of Item 2 I. After a second from Councilmember Kendrick, the consent agenda and following items were unanimously approved: A. Approval of minutes of regular meeting of February 4, 1991. B. Approval of minutes of regular meeting of February 19, 1991, as corrected. C. Approval of release of lot-cleaning lien on 163 Taft Street. D. Set public hearing for April 1, 1991, to consider the allocation of Community Development Block Grant funding for fiscal year 1991-1992. E. (PULLED FROM AGENDA) F. Set public hearing for May 6, 1991, to consider changes in the bus routes and schedules serving the Northgate Plaza Shopping Center. G. Approval of the rezoning from C3 Heavy Commercial District to R6 Residential District for an area located at 111 North Plymouth Street. (P91-14) H. Approval of the rezoning from R5 Residential District to P2 Professional District for an area located at 201 Moore Street. (P91-18) I. (PULLED FOR DISCUSSION) J. (PULLED FROM AGENDA) K. Adoption of Capital Project Ordinance Amendment 91-11 (Federal Drug Forfeiture Funds). This ordinance recognizes the receipt by the City of three disbursements of Federal Drug Forfeiture Funds (in amounts of $6,564.19, $2,956.50, and $4,649.40) totalling $14,170.09. L. Adoption of Budget Ordinance Amendment 91-11 (Police and Human Services Departments). This amendment is to distribute various donations in the amount of $980 for the Police Department to be used for the D.A.R.E. Program and to the Human Services Department in the amount of $3,580 to be used for Brotherhood Week Program ($2,530) and the Martin Luther King, Jr., Scholarship Program ($1,050). 2J. Adoption of resolution authorizing advertising for sale, at a minimum bid, a surplus lot on Southern Avenue. Councilmember Torrey asked for a clarification. He stated that the resolution calls for two lots, however the agenda is for one lot. Mr. Smith responded this lot was divided into two sections. Mr. Torrey then asked about the 18 foot strip of land being reserved and Mr. Smith responded this was for utility right-of-way. Councilmember Kendrick asked if we should advertise for less than minimum appraisal because of cost for advertising and other expenses. Mr. Smith responded that Council's policy is to initially advertise for minimum bid of appraised amount. This does not prevent us from readvertising rather than accept just any amount. Councilmember Torrey mowed to approve authorizing the advertisement, seconded by Mayor Pro-Tem Evans. Councilmember McBryde questioned the plat in the agenda packet showing $7,920 for each lot. Councilmember Kendrick offered substitute motion to place this item on the agenda for April 1 in order to get more information from staff. The motion was seconded by Councilmember McBryde and carried unanimously. 3. Public Hearings: Mayor Dawkins read the policy on the time limit for public hearing speakers and the speakers for agenda items that are not public hearings. A. Consideration of a new street name for the public right-of-way currently known as "Sessoms Drive," located south of the intersection of SR 1838, Dunn Road, and North Plymouth Street running eastwardly from its intersection with the eastern margin of Dunn Road to the southern end of Farrell Avenue to be renamed to Farrell Avenue. Al Mitchell presented this item with a recommendation to rename the portion known as Sessoms Drive to Farrell Avenue by adoption of the ordinance. Councilmember Pillow asked if there is a possibility that this street may be extended creating a need to have another name change. Mr. Mitchell responded that he does not foresee this, however there is no guarantee. The public hearing was opened at 7:17 p.m. and there being none to speak in favor or against this ordinance, the public hearing was closed. AN ORDINANCE CHANGING SESSOMS DRIVE NAME TO FARRELL AVENUE. ORDINANCE NO. NS1991-016. Mayor Pro-Tem Evans moved to adopt the foregoing ordinance, seconded by Councilmember Ross and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. 4. Consideration of appeal of an order to repair or demolish the property located at 442 Franklin Street. This item was presented by City Manager John Smith stating there was no one representing the property owners to appeal the order to demolish the property and recommended Council affirm the action of the Building Inspector. Following some discussion concerning the difference between residential buildings and commercial buildings, Councilmember McBryde moved to follow the recommendation and affirm the action of the Building Inspector. The motion was seconded by Councilmember Ross and carried unanimously. 5. Consideration of appeal of an order to repair or demolish the property located at 223 Hay Street. Assistant City Manager for Operations Roger Stancil stated he had met with a representative of the property owner. They have tried to secure the building, but the alley next to it allows undetected vandalism. Their proposal to the City is that after the demolition of the hotel and theatre, they will provide us with a copy of the contract they had entered into with a contractor to correct the conditions stated in Mr. Simpson's letter of June 19. Mr. Stancil stated they had a prospective buyer for the building and they intend to improve it before the sale. Councilmember McBryde was concerned about this causing us to extend our liability. Following some further discussion, Council recognized a representative from the bank which is the trustee. She informed Council they do have insurance coverage under Aetna. She stated they felt that with the hotel and theatre being torn down and parking being placed, then the property owner at 223 Hay Street would be able to upgrade this building and maintain some of the character in downtown Fayetteville. There was lengthy discussion concerning the liabilities. Mayor Pro-Tem Evans moved to defer the decision on this item for two weeks and requested answers to be brought back so that we would not be subject to any liabilities, seconded by Councilmember Ross. The motion carried 8 to 1 with Councilmember Kendrick voting against. 6. (PULLED FROM AGENDA) 7. Appearance by John C. Midgette representing the North Carolina Police Benevolent Association, Inc. Mr. John C. Midgette, Executive Director of NCPBA, stated they are a chapter of the Southern States Police Benevolent Association. He is presenting the results of a survey that was requested by the local chapter because of many concerns from officers and members that morale problems and unfair practices in terms of disciplinary action. He submitted copies of that survey in its final form to Councilmembers and briefly read the summation. Councilmember Robertson asked if an internal survey is being done and requested a copy. City Manager John Smith responded that there is one being done and copies will be submitted. He stated that over the last ten years, he has had four City-wide employee attitude surveys done which include the Police Department. Mr. Smith appoints an employee task force committee to go into depth into the survey responses to bring back recommendations as to how we should respond to the particular survey questions. Mr. Smith went on to say that the Chief of Police had appointed an employee task force headed by the police officer who is president of the local PBA. Interviews have been done by the Committee and a report is in the process of being completed at this time. Mr. Smith continued that we cannot respond to anything that we have not yet seen such as the survey that was presented tonight. Councilmember Bolton stated he felt it was very bad protocol on the part of the Police Benevolent Association because of not informing administration or Councilmembers before this presentation. He expressed appreciation to Sergeant Scearce, who is president of the local chapter, for what he and his department have tried to do. He also feels the Police Department has not been adequately represented by these people here tonight. Councilmember Ross stated she did not feel intimidated by the Police Department and praised them for getting the young children off the streets and back into school on the day the military troops were coming back from Saudi Arabia. Council took no action. 8. Appearance by Sulo H. Heikkinen representing the Single Stars Square Dance Club. Mr. Sulo Heikkinen stated he was representing all square dance clubs and addressed the recent increase in the Parks and Recreation fee schedule for the use of the recreation centers to $100 on Saturdays. He stated they feel they would have to find other facilities for their dances or their club might have to fold. This would eliminate the classes they give during the week. Following lengthy discussion, Councilmember Cheek moved to refer this matter to the Parks and Recreation Commission to work something out without changing the rate schedule and report back to Council. The motion was seconded by Councilmember Ross and carried unanimously. 9. Consideration of the establishment of a policy for advertising public hearings for Transit projects. City Manager John Smith presented this item recommending this be referred to the Policy Committee. Councilmember Bolton moved to refer this item to the Policy Committee, seconded by Councilmember Kendrick and carried unanimously. 10. Consideration of revision to assessment discount policy pertaining to storm drainage. This item was presented by City Manager John Smith recommending that this item be referred to the Policy Committee. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Kendrick and carried unanimously. 11. Consideration of various sidewalk projects. A. New construction. Councilmember Kendrick moved to approve as recommended in the memorandum from City Engineer Bob Bennett for new construction of sidewalk projects in priority order to the extent funds are available. The motion was seconded by Councilmember Bolton. Councilmember Cheek asked why sidewalks were being constructed on both sides of West Rowan Street as the maps in the packet indicate, which is against City policy. Jerry Croll, appearing for City Engineer Bob Bennett who is sick, was not prepared to answer at this time. Mrs. Cheek asked for clarification as to why we are fixing a 100 foot section of sidewalk on Rowan Street. Mr. Croll responded that Public Works Commission had to remove a section that was already badly broken and would have been replaced anyway. Ms. Cheek required a report on where and how much sidewalk there is on Rowan Street before the public hearing, if one is set. City Manager John Smith advised Council that a public hearing on reconstruction is required because of the assessment process and Council could set a public hearing on new construction also if they desired. B. Setting a public hearing on April 22, 1991, for reconstruction of existing dilapidated sidewalks. PRELIMINARY RESOLUTION REQUIRING THE LAYING OF SIDEWALK WITHOUT PETITION ON VARIOUS SECTIONS OF BROKEN AND DAMAGED SIDEWALK. RESOLUTION NO. R1991-018. Mayor Pro-Tem Evans offered a substitute motion to adopt the resolution setting the public hearing for reconstruction of sidewalk for April 15, 1991, and to set a public hearing for new construction of sidewalks for April 15, 1991. The motion was seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. Councilmember Cheek requested information showing how new sidewalks tie in with the plan and the existing links. 12. Consideration of acceptance of deed for 225 Hay Street from Peter and Helen Kikis. This item was presented by City Attorney Bob Cogswell stating that Mr. Kikis would deed this property to the City and pay 1990 taxes and is requesting that the City pro-rate the taxes for this year which would be approximately $1,200. Following some discussion, Mayor Pro-Tem Evans moved to accept the deed and prorate the taxes as recommended. The motion was seconded by Councilmember Cheek and carried unanimously. 13. (PULLED FROM THE AGENDA) 14. Consideration of Resolution fixing date of public hearing on question of annexation, pursuant to G.S. 160A-31 as amended (Wiener Works Property, Ramsey Street - recommended public hearing date is April 1, 1991). RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED. RESOLUTION NO. R1991-019. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried 8 to 1 with Councilmember Torrey voting against. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. 15. Consideration of request from Councilmember Mark Kendrick for discussion on the following: A. Flooding on Friendly Road Councilmember Bolton moved to refer this item to the Streets and Roads Committee, seconded by Councilmember Torrey and carried unanimously. B. Flooding at 2202 Roxie Avenue Councilmember Bolton moved to refer this item to the Streets and Roads Committee, seconded by Councilmember Torrey and carried unanimously. 16. Appointments: A. Nominations to fill four vacancies on Human Services Commission. At the last Council meeting Mayor Pro-Tem Evans nominated Ms. Annie Chavis (B/F); Mrs. Marie Presler (W/F); and Ms. Mary Davis (B/F) to serve second terms. Councilmember Ross nominated Ms. Brownie Smathers (W/F), 146 Lofton Drive, Fayetteville, NC 28311, to fill the vacancy of Leslie Kiewra. Councilmember Kendrick moved to elect all four by acclamation, seconded by Councilmember Bolton and carried unanimously. 17. Administrative Reports: A. Statement of taxes collected for the month of February, 1991, from the Cumberland County Tax Collector. Council accepted the statement of taxes submitted showing a total collections of $480,045.38. Councilmember Cheek requested the status report on the progress of the Storm Drainage Study. Jerry Croll responded that they will be submitting a report very soon. John Smith reminded Council of the League meeting in Fayetteville on April 17 at 4:00 p.m., Bordeaux Convention Center. There being no further business, the meeting was adjourned upon motion and second at 8:30 p.m. Approved April 1, 1991 TOWN HALL MEETING MONDAY, MARCH 25, 1991 FAYETTEVILLE CITY COUNCIL TOWN HALL MEETING CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, MARCH 25, 1991 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans, Milo McBryde, Nat Robertson, Tommy Bolton, Ida Ross, Joseph Pillow, Thelbert Torrey, Suzan Cheek, and Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney City Department Heads Mayor Dawkins called the meeting to order and introduced the Reverend John Cuthill, pastor of the Immanuel Baptist Church 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 Ross, Council voted unanimously to excuse Councilmember Suzan Cheek from the regular meeting to be held April 1, 1991. The first item for consideration was a proposed agreement with Dr. Charles A. Hoffman and Dr. Edna M. Hoffman regarding the construction of the Owen Drive Improvement Project (continued from meeting of March 18, 1991). This item was presented by City Attorney Bob Cogswell. Upon motion by Councilmember Ross, seconded by Councilmember Pillow, Council voted unanimously to follow the recommendation of the City Attorney and approve the agreement. City Manager John Smith then presented information to the Council concerning Senate Bill 111 and the City's recycling plan for 1991-92. The City Manager also discussed briefly the County plan including the proposed landfill charges, the required collection of trash, and recycling efforts. He stated that the City had representatives on the Committee that considered this plan. He stated those representatives bad some input but that the Committee made no recommendation concerning the County's plan. Councilmember Bolton suggested that the City Attorney prepare a resolution expressing City concerns regarding the County's proposed plan to be considered at the next meeting. Other Councilmembers expressed their support of this suggestion. The next item was the open forum for citizens to express any concerns. The first topic was sanitation service. Richard Liebers, representing American Refuse Systems, discussed recycling. Greg Sommers, Chairman of CURB, also addressed recycling. Sandee Waren expressed concern about once-a-week pick up. The next topic was the City budget and taxes. Addressing the Council were Robert C. Anderson, William McLeod, Stephen Gardella, and Walter Moorman. Council next heard Marie Presler, Harry Bennett, and Nancy Dever on transportation for the handicapped. Under miscellaneous topics, Daniel Hicks addressed the Council concerning the proposed landscape ordinance. Walter Moorman again addressed the Council concerning the landscape ordinance. Clinton Harris addressed the Council on various issues. There being no other business, the meeting was adjourned. REGULAR MEETING MONDAY, APRIL 1, 1991 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, APRIL 1, 1991 7:00 P.M Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); and Mark Kendrick (District 6) Absent: Councilmember Suzan Cheek (District 5) - excused Others Present: John P. Smith, City Manager Roger Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Administrative Assistant to the City Manager Jason Brady, Public Information Officer Bob Bennett, City Engineer Richard Herrera, Community Services Director Louis Chalmers, City Traffic Engineer Irvin Baer, Representing Bordeaux Shopping Center Members of the Press INVOCATION Mayor Dawkins called on Reverend Ronny Nichols, Cross Creek Tabernacle Baptist Mission Church to offer the invocation. Reverend Nichols is also a City Employee with the Engineering Department. Mayor Dawkins then led the Pledge of Allegiance to the American Flag. At this time Mayor Dawkins reminded everyone of a regional North Carolina League of Municipalities meeting on April 17, 1991. RECOGNITION: The Government Finance Officers' Association of the United States and Canada recently awarded Fayetteville's Finance Department the GFOA's Distinguished Budget Presentation Award. This is for the 1990-91 Budget. Mayor Dawkins congratulated Finance Director Kai Nelson and Lisa Smith, Budget Manager, who headed the project. This is a first time award for Fayetteville. 1. Approval of Agenda Councilmember Robertson moved to approve the agenda, seconded by Mayor Pro-Tem Evans 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 Kendrick requested to pull Item 2 C for a correction and Councilmember Torrey requested to pull Item 2 H for clarification. Councilmember McBryde moved to approve the consent agenda with the exception of Items 2 C and H. After a second from Councilmember Pillow the consent agenda and following items were unanimously approved: A. Approval of minutes of information meeting of February 25, 1991. B. Approval of minutes of regular meeting of March 4, 1991. C. (PULLED FOR DISCUSSION) D. Approval of tax refunds. 1. Tax refund in the amount of $55.75 to Richard J. Wilkins - 1979 Benz was keyed in error. 2. Tax refund in the amount of $20.89 to Roger t. Stancil - 1978 Olds and 1984 Dodge listed in error by taxpayer. 3. Tax refund in the amount of $69.24 to W.R. Thames - elderly exemption removed in error during data entry. 4. Tax refund in the amount of $15.76 to Joseph Thompson - 1983 Chrysler keyed twice in error. 5. Tax refund in the amount of $8.71 to Valentine Trutenko - adjust value of 1987 trailer per bill of sale. 6. Tax refund in the amount of $138.54 to Robert E. Holland - adjust values on 1983 Chevy RV and 1984 Honda per contracts. 7. Tax refund in the amount of $12.58 to Silas Jones, Jr. - taxpayer listed 1984 Chevy by mistake. 8. Tax refund in the amount of $16.88 to Sue Harper Kelly - 1981 Chrysler charged on bill ƒ3831594. 9. Tax refund in the amount of $164.91 to Marine Midland Automotive Financial Corp. - listed 1988 BMW in error. 10. Tax refund in the amount of $8.88 to Easter McCoy - taxpayer listed MV by mistake. 11. Tax refund in the amount of $24.75 to Edward Charles McLauchlin - already charged to ƒ3837754. 12. Tax refund in the amount of $3.29 to Shahriar Mostashari - adjust value of 1987 Toyota per total loss statement. 13. Tax refund in the amount of $5.26 to Beulah Redding - travel trailer listed by mistake. 14. Tax refund in the amount of $16.05 to Linda Remer - illegal tax: military non-resident. 15. Tax refund in the amount of $15.18 to J.T. Rosser, Jr. - adjust value of 1986 Chevy per bill of sale. 16. Tax refund in the amount of $40.60 to Phillip Inman - 1984 Chevy S10 Blazer and 1989 Chevy Van incorrectly listed by taxpayer. 17. Tax refund in the amount of $23.15 to Jimmy Horner - correct tax district to Pearces Hill. 18. Tax refund in the amount of $33.52 to J. Floyd Ammons - double-listed a 1982 mobile home. 19. Tax refund in the amount of $8.45 to Irvin Broadie, Jr. - 1973 Chevy C10 wrecker double-listed. 20. Tax refund in the amount of $6.57 to Leon Brunson - 1975 Cadillac listed by mistake by owner. 21. Tax refund in the amount of $25.39 to Gladys Cheatham - taxpayer listed 1984 Chevy by mistake. 22. Tax refund in the amount of $25.33 to Joseph G. Council - 1984 Chevy keyed twice in error. 23. Tax refund in the amount of $5.07 to George J. Demetri - adjust value of 1985 Ford for bill of sale. 24. Tax refund in the amount of $25.70 to Charlotte Eatman - 1983 Olds charged on Bill ƒ220485. 25. Tax refund in the amount of $58.33 to Marie S. Godwin - listed 1985 Caddy in error. 26. Tax refund in the amount of $36.56 to William Travis Godwin - illegal tax: military non-resident. 27. Tax refund in the amount of $14.31 to John I. Hartley - 1982 E. Approval of Memorandum of Understanding between the City of Fayetteville and Cumberland County Joint Planning Board. F. Adoption of Capital Project Ordinance 91-4. This is to establish separate set of accounts for planning activities as required by the grantor agencies. Total project costs are estimated to be $181,720. The shared distribution is as follows: Federal Share (80%) $145,376 State Share (10%) 18,172 Local Share (10%) General Fund 9,583 Cumberland County 8,589 $181,720 G. Approval of Capital Project Closeouts 91-1 through 91-5 and Capital Project Ordinance Amendments 91-12 and 91-13. Summarized below are the revenues and expenditures associated with each project closeout: Please Note: To view the summary of revenue, please see Book X, page 571 of the City of Fayetteville Meeting Minutes. The balance of $142,785 be reallocated to the following Capital Project Ordinance Amendment in addition to other resources available for appropriation in the Capital Projects: CPOA Amendment Amended Number Description Requested Total 91-12 Digital Traffic $177,010 $1,413,784 91-13 Winslow St. Bridge 150,000 370,000 $327,010 $1,783,784 H. (PULLED FOR DISCUSSION) I. Adoption of ordinance amending Section 20-96 of the Fayetteville City Code. AN ORDINANCE AMENDING SECTION 20-96(E). ORDINANCE NO. S1991-005. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1991. J. Adoption of ordinance establishing traffic control in accordance with existing signage - Schedule ƒ6 - Stop Intersections. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE ƒ6 - STOP INTERSECTIONS). ORDINANCE NO. NS1991-017. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. K. Adoption of ordinance establishing 55 miles per hour speed limit on Central Business District Loop. NOTE: This ordinance will be placed on the April 15 agenda due to a type error. L. Approval of request for fireworks display from the Fayetteville Generals. M. Adoption of resolution authorizing advertising for sale, at a minimum bid, surplus lot on Southern Avenue. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1991-020. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. N. Set public hearing for April 15, 1992, to consider petition for 25 miles per hour speed limit on Worth Street. O. Approval of Municipal Agreement between City of Fayetteville and N.C. DOT for improvements of NC87-210 (Murchison Road). WHEREAS, the North Carolina Department of Transportation has prepared and adopted plans to make certain street and highway improvements within this Municipality under Project W-2404, Cumberland County, said plans consisting of the improvement of NC 87-210 (Murchison Road) at its intersection with Pennsylvania Avenue and Jasper Street; and, WHEREAS, said Department of Transportation and this Municipality propose to enter into an Agreement for the above-captioned project whereby the Municipality agrees: (1) to effect the necessary adjustment of any utilities under franchise without cost to the Department of Transportation, and (2) to provide for the adjustment of any municipally-owned utilities without cost to the Department of Transportation, except that said Department will reimburse this Municipality in accordance with said Department's Municipally-Owned Utility Policy; and, WHEREAS, said Department of Transportation agrees to acquire the right of way and construct the project in accordance with the approved project plans; and, WHEREAS, this Municipality agrees to reimburse the Department of Transportation to the extent of 15% of the cost of the right of way for the project with reimbursement to be made in one (1) lump sum payment upon completion of the project and within sixty (60) days of billing by the Department; and WHEREAS, the Agreement will further provide for the establishment, maintenance, and enforcement of traffic operating controls for the regulation and movement of traffic on the project upon its completion. NOW, THEREFORE, BE IT RESOLVED that Project W-2404, Cumberland County, is hereby formally approved by the City Council of the Municipality of Fayetteville and that the City Manager and Clerk of this Municipality are hereby empowered to sign and execute the Agreement with the Department of Transportation. P. Adoption of ordinance ordering demolition of property located at 427 McDonald Street (Owner: Ms. Hezzie Matthews). AN ORDINANCE TO DEMOLISH AND REMOVE THE STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1991-018. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. Q. Approval of rescheduling of public hearing on new sidewalk construction for May 6, 1991. 2C. Approval of minutes of regular meeting of March 18, 1991. Councilmember Kendrick requested a correction be made to page 2, Item 2 J, second paragraph, second line, by changing the word "more" to the word "less" so that it will read, "for less than minimum appraisal." Councilmember Kendrick moved to approve the minutes of the March 18 regular meeting with the correction, seconded by Councilmember Torrey and carried unanimously 8 to 0. 2H. Approval of request for release of late listing penalty and interest to B.F. Sprague and wife, Susan Sprague. Councilmember Torrey asked for a clarification on this item. City Attorney Bob Cogswell's memo explained that Mr. Sprague's property was annexed in 1972 but the fact that his lot was located within the City limits was not finally clarified until approximately one year ago. He has received credit from PWC for the difference in the rates for the period June 7, 1984, through January 17, 1990, and has received a rebate from the Cumberland County Tax Collector for the Fire District and Recreation District taxes for the years 1985 through 1988 in the sum of $180.85. We will be making a payment to him for $427.50 which represents the monies he paid for private garbage collection from July 1, 1985, through March 31, 1990. He has paid his 1989 and 1990 taxes. However, he still has to pay taxes for the years 1985 through 1988. Council has the authority to release penalties and interest on these taxes. Mr. Cogswell requested that this be done. Councilmember Kendrick moved to follow the recommendation, seconded by Councilmember Torrey and carried unanimously 8 to 0. 3. Public Hearings: Mayor Dawkins read the time limit policy for the public hearings. A. Consideration of allocation of Community Development Block Grant funding for fiscal year 1991-1992. This item was presented by Community Services Director Richard Herrera. He stated that his report is included in the agenda packet and the public hearing was being held at this time although the money would not be available until October. Mr. Herrera did display a list of the funding recommendations as follows: 1. Housing Rehabilitation - Target Area 1 (Taft, Waterless, Hooks & Whitfield Streets) $ 150,000 2. Housing Rehabilitation - Target Area 2 (Neville, Thad, Ingram & Sewell Streets) 150,000 3. Housing Rehabilitation - Target Area 3 (Deep Creek Road Area) 279,100 4. Housing Rehabilitation - Senior Citizen (City-wide Deferred Loan) 300,000 5. Drainage & Site Improvements (Geraldine Myers-Savoy Heights Park) 10,500 6. Administration 222,400 $1,112,000 The public hearing was opened at 7:17 p.m. and Mr. H.D. Reaves, Jr., 2611 North Edgewater Drive, was recognized. Mr. Reaves was representing the Historic Haymount Community Group with a request of $20,000 to conduct a study of how best to improve a portion of this community. He stated their goals were to revitalize the area, to lower the crime rate, and to upgrade the current housing. Mr. Reaves stated that their group had tried to accomplish this on their own but now feel they need professional help because of the questions that have come up. There being none further to speak on this matter, the public hearing was closed at 7:20 p.m. Mr. Herrera stated that $5,000 from each of the first four funding recommendations could be retrieved for the Hay/Branson project. This borders Arsenal Avenue, CBD loop, Ellis/Morgan Streets, and Broadfoot Avenue boundaries. Councilmember Kendrick expressed some concern for taking money from item 4 on senior citizen housing rehabilitation. It was established during discussion that no senior citizens will be excluded from the different target areas if they qualify for housing. Councilmember Robertson moved to accept the recommendation for funding of the Redevelopment Commission to include but not exceed $20,000 for the Hay/Branson Project by retrieving $5,000 from each of the first four budgets submitted. The motion was seconded by Councilmember Bolton and carried 7 to 1 with Councilmember Kendrick voting in opposition. B. Consideration of petition for Speed Limit Reduction - Swann Street. This item was presented by Traffic Engineer Louis Chalmers stating that this is by petition of the residents to reduce the speed limit to 25 miles per hour. The public hearing was opened at 7:30 p.m. and there being none to speak in favor or against, the public hearing was closed. Councilmember Kendrick moved to approve the speed limit reduction, seconded by Councilmember Ross and carried 8 to 0. NOTE: This ordinance will be placed on the April 15 agenda due to a typographical error. C. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (pursuant to G.S. 160A-31, as amended) (Wiener Works Property - Ramsey Street). This item was presented by Assistant City Manager Roger Stancil stating that this is by petition. City water is available but the sewer would have to be extended from the west side of Ramsey Street. Following Mr. Stancil's report and recommendation for adoption of the annexation ordinance, the public hearing was opened at 7:32 p.m. There being none present to speak in favor or against, the public hearing was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ANNEXATION ORDINANCE NO. 91-04-339. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried 7 to 1 with Councilmember Torrey voting against. A copy of the foregoing annexation ordinance is on file in Annexation Ordinance Book 1991. 4. Consideration of an appeal of an order to repair or demolish the property located at 223 Hay Street. (Continued from March 18, 1991, City Council Meeting) This item was presented by City Manager John Smith stating he had received a letter prior to the meeting from the owners stating they no longer wish to appeal. Therefore, he is recommending that Council uphold the Building Inspector's recommendation to demolish. Councilmember McBryde moved to follow the recommendation, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 5. Consideration of adoption of a resolution acquiring Owen Drive right-of-way, Parcel, W-9. This is a revision of the resolution adopted by Council on February 19, 1991. (Appearing: Mr. Ervin Baer) This item was presented by City Manager John Smith stating that this project concerns a municipal agreement entered into with NCDOT for the widening of Owen Drive from the All American Expressway to Boone Trail Drive. In acquiring right-of-way, the absolute minimum required by DOT is six feet behind the curb. This must be free of utilities or sidewalks. Mr. Smith stated that 13 feet of right-of-way behind the new curb is desirable for future utility and sidewalk needs, however 10 feet is adequate. His recommendation is for 10 feet beyond the curb line. Council recognized Mr. Ervin Baer, attorney representing the property owners involved at the Bordeaux Shopping Center. He stated they are for the widening of the road but their concerns are for the loss of the trees from the driveway in the center to Village Drive. Also, in the corner where the tower is located at the intersection, the requested footage would have taken it on top of some of the underground buildings there. Their compromise was reached of 30 by 30 by 30 foot triangle. They are recommending 8 and 1/2 feet right-of-way from the center driveway back to Village Drive which is all that is needed by NCDOT as reported to him. Mr. Baer displayed photographs of this area. Councilmember Kendrick moved for the City to acquire 12 and 1/2 feet from south of the driveway down to Boone Trail, 8 and 1/2 feet from the present right-of-way line back north and at the Village Drive intersection it would be the 30 by 30 by 30 foot triangle. The motion was seconded by Councilmember McBryde. Following some discussion concerning future utility easements, Councilmember Torrey offered substitute motion to delay action until Council can contact PWC. The motion was seconded by Councilmember Pillow. Following further discussion, Mayor Dawkins called for a vote on the substitute motion and it failed 2 to 6. Mayor Dawkins then called for a vote on the main motion and it passed 6 to 2 with Councilmembers Torrey and Pillow voting against. 6. Appearance by Marie Presler. Mrs. Presler stated they have discovered transportation funds that is federal money they don't believe has been applied for since 1990. Part of it goes directly to the City and she stated another group of money that comes in block grants to the County, which is supposed to be publicly discussed by City and County, has not been done. She added that another group is state funds that came down on a joint project that needs to be divided into the City and this has not been done. Mrs. Presler stated if they had all the funds that have been located in the last week, we could run our transportation City for our handicapped and our needs for our VR people with very little City assistance. Mrs. Presler stated that the suggested citizens panel can investigate how to utilize these revenues and avenues during our budget hearing process and make it a smooth transition because it has already been mandated by federal government and we are going to have to give transportation on demand. She stated she would rather see it given at $1.20 per mile instead of $66 a trip. Mayor Dawkins asked staff to report back to Council at the next meeting on this item. 7. Consideration of request from N.C. DOT for 55 Miles Per Hour Speed Limit - Eastern Boulevard. Councilmember McBryde moved to refer this item to the Streets and Roads Committee, seconded by Councilmember Bolton and carried unanimously 8 to 0. 8. Consideration of request from N.C. DOT to prohibit parking on Russell Street. Mayor Pro-Tem Evans moved to refer this item to the Streets and Roads Committee, seconded by Councilmember McBryde and carried unanimously 8 to 0. 9. Report from Streets and Roads Committee: A. Consideration of increasing speed limit on Robeson Street between Weiss Avenue and Blount Street to 45 miles per hour. This item was presented by Committee Chairman Mark Kendrick. City Manager John Smith reminded Council that if this is approved, the increase would be subject to NCDOT approval. Councilmember Kendrick moved to approve the request as recommended, seconded by Councilmember Robertson and carried 8 to 0. NOTE: This ordinance will be placed on the agenda for April 15, 1991, due to a typographical error. B. Consideration of approval of municipal agreement between the City of Fayetteville and N.C. DOT for North Street railroad crossing improvements. This item was presented by City Manager John Smith stating it was also covered in the report from the Streets and Roads Committee. 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. 10. Consideration of approval of a list of streets proposed for resurfacing. Councilmember McBryde moved to refer this item to the Streets and Roads Committee, seconded by Councilmember Bolton. Mayor Pro-Tem Evans requested that Oakridge Avenue be considered for this list. The Mayor called for a vote and the motion carried unanimously 8 to 0. 11. Consideration of resolution pertaining to the need for CSX Railroad to make repairs to their railroad pre-emption equipment at Russell Street and Winslow Street and Whitfield Road. Councilmember Bolton moved to adopt the resolution as recommended, seconded by Councilmember Ross. Councilmember Kendrick offered a friendly amendment to add Whitfield Street to the list. The friendly amendment was accepted by Councilmembers Bolton and Ross. The motion carried unanimously 8 to 0. RESOLUTION PERTAINING TO THE NEED TO CSX RAILROAD TO MAKE REPAIRS TO THEIR RAILROAD PRE-EMPTION EQUIPMENT AT RUSSELL STREET AND WINSLOW STREET AND WHITFIELD STREET MAIN LINE CROSSING. RESOLUTION NO. R1991-021. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. 12. Consideration of resolution regarding landfill charges. This item was presented by City Manager John Smith with a recommendation to adopt the resolution. RESOLUTION. RESOLUTION NO. R1991-022. Following lengthy discussion, Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Pillow and carried 7 to 1 with Councilmember Kendrick voting against. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. Mayor Pro-Tem Evans moved to set a City/County Liaison Meeting for April 11, 1991, at 12:00 noon with the location to be announced. The motion was seconded by Councilmember Robertson and carried unanimously 8 to 0. 13. Consideration of request from the Museum of the Cape Fear for a representative from the Fayetteville City Council to serve on the Museum's regional advisory board. Councilmember McBryde moved to authorize the Mayor to make an appointment to the Museum of the Cape Fear as requested, seconded by Councilmember Bolton and carried unanimously 8 to 0. 14. Consideration of adoption of resolutions directing the City Clerk to investigate a petition for annexation received under G.S. 160A-31 for the following: A. Country Club, North, Section 6, Part A (Hilliard Drive). RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. 1991-023. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried 6 to 2 with Councilmembers Torrey and Ross voting against. B. Harris Farm Joint Venture Property (Northern Side of Morganton Road) RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. 1991-024. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried 5 to 3 with Councilmembers Torrey, Ross, and Kendrick voting against. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1991. 15. Consideration of joint meeting with Fayetteville Human Services Commission. Councilmember Ross moved to set a joint meeting with Fayetteville Human Services Commission for May 9, 1991, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 16. Administrative Reports: A. Discussion of City Council travel allowance and internal IRS regulations. City Manager John Smith recommended this item be referred to the Policy Committee. Councilmember Robertson moved to refer this to the Policy Committee, seconded by Councilmember Ross and carried unanimously 8 to 0. B. Report on Traffic Signal Study Locations. This report was submitted in the agenda packet. C. Report on Traffic Operations - Marlborough Road. This report was submitted in the agenda packet. D. Status on Bond Drainage Studies and Projects. This report was submitted in the agenda packet. There being no further business, the meeting was adjourned at 8:28 p.m. upon motion and second. REGULAR MEETING MONDAY, APRIL 15, 1991 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, APRIL 15, 1991 7:00 P.M Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large), Milo McBryde (at-large), Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5), and Mark Kendrick (District 6) Absent: Councilmember Nat Robertson, Jr. (at-large) - excused Others Present: John P Smith, City Manager Roger Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration end Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Administrative Assistant to the City Manager Jason Brady, Public Information Officer Bob Bennett, City Engineer Tim Wood, PWC Manager Louis Chalmers, City Traffic Engineer Jerome Brown, Transit Director Marland Reid, Attorney for PWC Robert Anderaon, Tax Action Group Members of the Press INVOCATION Mayor Dawkins welcomed everyone to the meeting and called on Reverend Kenneth Hill, North Ramsey Street Church of God to offer the invocation, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. At this time Mayor Dawkins stated that Councilmember Robertson had requested to be excused from tonight's meeting due to a business commitment. Councilmember Ross moved to excuse Councilmember Robertson as requested, seconded by Councilmember Pillow and carried unanimously 8 to 0. Councilmember Cheek requested an executive session to be held at the end of the meeting for litigation. 1. Approval of Agenda City Manager John Smith requested to pull Item 8 B from the agenda. Councilmember McBryde moved to approve the agenda with the exception of Item 8 B, seconded by Councilmember Cheek 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 Cheek requested to pull Item D for discussion, Councilmember Ross requested to pull Item F and Councilmember Kendrick requested to pull Item H. Councilmember Kendrick moved to approve the consent agenda with the exception of Items D, F, and H. After a second from Councilmember Torrey the consent agenda and following items were unanimously approved: A. Approval of minutes of Town Hall Meeting of March 25, 1991. B. Approval of minutes of April 1, 1991, regular meeting. C. Approval of the rezoning from C3 Heavy Commercial District to R5 Residential District or to a more restrictive zoning classification for an area located at 1120 Camden Road. (P91-23) D. (PULLED FOR DISCUSSION) E. Adoption of revised Traffic Speed Ordinances. AN ORDINANCE AMENDING CHAPTER 20-106. "MOTOR VEHICLES AND TRAFFIC" (TRAFFIC SCHEDULE ƒ8-SPEED CONTROL, SWANN STREET). ORDINANCE NO. NS1991-019. AN ORDINANCE AMENDING CHAPTER 20-106, "MOTOR VEHICLES AND TRAFFIC" (TRAFFIC SCHEDULE ƒ8-SPEED CONTROL, ROBESON STREET). ORDINANCE NO. NS1991-020. AN ORDINANCE AMENDING CHAPTER 20-106, "MOTOR VEHICLES AND TRAFFIC" (TRAFFIC SCHEDULE ƒ8-SPEED CONTROL, CBD LOOP). ORDINANCE NO. NS1991-021. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinance Book NS1991. F. (PULLED FOR DISCUSSION) G. Adoption of a resolution setting a public hearing to consider paving (without petition) of Jarvis Street from Ruritan Drive to dead end. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF JARVIS STREET FROM RURITAN DRIVE TO DEAD END. RESOLUTION NO. R1991-025. A copy of the foregoing resolution is on file in the Clerk's office in resolution Book R1991. H. (PULLED FOR DISCUSSION) I. Adoption of Capital Project Closeouts ƒ91-6 through 91-8. Please Note: To view the table of capital project closeouts, please see Book X, page 580 of the City of Fayetteville Meeting Minutes. J. Adoption of Budget Ordinance Amendment 91-12. This amendment is necessary to distribute a $1,500 contribution from the North Carolina Department of Human Resources to be used to purchase a piano for the Special Populations Program. K. Approval of bid award to Baker Equipment Company for purchase of truck cab and chassis with aerial lift. (PWC) Bids received were as follows: Baker Equipment Engineering Co. $69,600.00 Patrick Ford 69,946.00 Smith International 70,553.95 *Lafayette Ford 25,900.00 *Note, Lafayette Ford bid cab and chassis only. L. Approval of bid award to Case power for purchase of two small (65 hp range) backhoe loaders and two large (100 hp range) backhoe loaders with four-wheel drive option. (PWC) Bids received were as follows: Small (65 hp range) Backhoe Loaders, Bidder Two-Wheel Drive Four-Wheel Drive Case Power $ 55,600.00 $ 63,698.00 R.W. Moore $ 61,552.00 $ 68,552.00 N.C. Equipment Co. $ 64,448.00 $ 69,418.00 Large (100 hp range) Backhoe Loaders: Bidder Two-Wheel Drive Four-Wheel Drive Case Power $87,600.00 $95,098.00 N.C. Equipment Co. 87,896.00 96,788.00 R.W. Moore 99,900.00 109,100.00 Spartan Equipment - 0- 133,422.00 M. Approval of bid award for Electrical Improvements to P.O. Hoffer Water Treatment Plant. (PWC) Bids received were as follows: Bryant Electric Company (High Point, NC) $219,000.00 Watson Electric Construction (Fayetteville) 227,851.00 ElDeCo, Inc. (Goose Creek, NC) 231,287.00 L.J.'s Electric Company (Elm City, NC) 249,450.00 Barnes & Powell Electrical Co. (Elm City, NC) 258,000.00 T & H Electrical Corp. (Wilson, NC) 263,454.00 Ivey Electric Company (Spartanburg, SC) 276,500.00 Secon, Inc. (Fayetteville, NC) 284,700.00 McCarter Electrical Co. (Laurinburg, NC) 291,869.00 Cape Fear Electric, Inc. (Wilmington, NC) 296,321.00 Heron Electric (Myrtle Beach, SC) 299,600.00 Vick Brothers Electrical (Asheboro, NC) 304,437.00 Reagan Electrical Contractors (Wilmimgton NC) 331,300.00 H.V. Allen Company, Inc, (Greensboro, NC) 346,500.00 Via Electric Company (Madison, NC) 366,507.00 2D. Approval of the rezoning from R5 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located at 204 South Broad Street. (P91-28) Councilmember Cheek stated this seems to be a very strong residential area and from the proposed use she feels that this rezoning request should be denied. Therefore, Ms. Cheek moved to set a public hearing for May 20, 1991, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 2F. Adoption of a resolution accepting Pryer (formerly Maxwell) Street between Haywood Street and Sapona Road, and the adoption of a resolution to advertise for closing of the same street. Councilmember Ross asked if the street to be closed has water and sewer. City Engineer Bob Bennett responded that this street does not have utilities and the residents on that street are all corner lots that abut other streets and get utilities from the other streets. RESOLUTION AUTHORIZING ACCEPTANCE OF A PORTION OF PRYER (FORMERLY MAXWELL) STREET. RESOLUTION NO. R1991-026. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF PRYER (FORMERLY MAXWELL) STREET. RESOLUTION NO. R1991-027. Councilmember Ross introduced the foregoing resolutions and moved their adoption, seconded by Councilmember Pillow and carried unanimously 8 to 0. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1991. 2H. Adoption of a resolution acquiring right-of-way (Parcel D-2) for Dillon Drive paving project. Councilmember Kendrick asked the status of the Dillon and Redwood Drives acquired last year. City Engineer Bob Bennett responded that a contract is being prepared now for paving to be done this summer. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1991-028. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. 3. Public Hearings. Mayor Dawkins read the policy on the time limit for the public hearing speakers. A. Consideration of approval of 1991-1992 Transit Operating Grant application. This item was presented by Transit Director Jerome Brown stating that this is the annual request for federal operating funds and this year's request for the 1991-1992 Transit Operating Grant Application is in the amount of $950,000.00. Mr. Smith added that this is the grant application and not the final budget recommendation. The recommendation was for approval. 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. Mr. Smith added that this is the grant application and not the final budget recommendation. Councilmember Bolton moved to approve the grant application as requested, seconded by Councilmember Torrey and carried unanimously 8 to 0. B. Consideration of petition for Speed Limit Reduction - Worth Street. This item was presented by Traffic Engineer Louis Chalmers recommending adoption of the ordinance. The public hearing was opened at 7:23 p.m., and there being none to speak in favor or opposition, the public hearing was closed. ORDINANCE AMENDING SECTION 20-106, "MOTOR VEHICLES AND TRAFFIC" (TRAFFIC SCHEDULE NO. 8-SPEED CONTROL, WORTH STREET). ORDINANCE NO. NS1991-022. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. C. Consideration of adoption of a resolution for reconstruction of existing dilapidated sidewalks. This item was presented by City Engineer Bob Bennett stating that the sidewalk policy provides for reconstruction of sidewalks to be on an assessment basis with the City hearing the remaining costs. Mr. Bennett stated they recommend adoption of the resolution for reconstruction of sidewalks. Attached to these minutes is a copy of the estimated cost and recommended streets. The public hearing was opened at 7:25 p.m. Ms. Eunice Berry, 429 Person Street, was recognized stating that she wants the sidewalks to be reconstructed but feels that their taxes should pay for the projects. She also asked if only the portions that needed to be reconstructed would be done. Mr. Bennett explained the assessment policy on sidewalks and stated that only the sidewalk portions that needed reconstruction would be done. Mr. Herb Thorp, 292 Skye Drive, representing the Cape Fear Little Theatre in Haymount, stated that the sidewalk in front of the Little Theatre on Hay Street in Haymount desperately needs reconstruction. He stated that when there are heavy rains the water floods the lobby of the theatre. There being none further to be heard on this matter, the public hearing was closed at 7:28 p.m FINAL RESOLUTION REQUIRING THE RECONSTRUCTION OF SIDEWALKS WITHOUT PETITION ON VARIOUS SECTIONS OF BROKEN AND DAMAGED SIDEWALKS, RESOLUTION NO. R1991-029. Councilmember Bolton moved to adopt the foregoing resolution, seconded by Councilmember Ross and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. 4. PWC Matters: A. Consideration of approval of bid award to Envirex, Inc., for purchase of Sludge Collector Equipment. This item was presented by PWC Manager Tim Wood stating that the City Attorney has requested a delay on this matter for further legal study on awarding the bid to the second highest bidder. Councilmember Kendrick moved to follow the recommendation to delay this item until May 6, seconded by Councilmember Bolton and carried unanimously 8 to 0. B. Consideration of approval of bid awards for construction of the Cape Fear River Raw Water Pumping Station (bond project). This item was presented by PWC Manager Tim Wood stating that this item is part of the revenue bond project and introduced Attorney Marland Reid. Mr. Reid stated that he received a copy of the lawsuit served on the City Manager just before tonight's meeting concerning the bids for Section 1 and 2 being recommended for a higher bidder. He recommended that Council enter executive session to discuss the matter. Councilmember Kendrick moved to enter executive session for litigation at 7:33 p.m., seconded by Councilmember Bolton and carried unanimously 8 to 0. Council reconvened at 8:04 p.m. Marland Reid was recognized with a recommendation that on Section I-General Construction based on the discussion in executive session, he recommends Council conditionally award the general construction contract for the Cape Fear Raw Water Pumping Station to the lowest responsible bidder of Crowder Construction Company in the amount of $4,079.00 subject to the contract being executed by the Mayor and attested by the City Clerk and subject to the ruling by Superior Court at the hearing to be held in the Cumberland County Courthouse on April 22. Bids received were as follows: Section I - General Construction Eby $5,265,000 *Kinsey $3,954,647 Yates $5,050,000 Christopher $4,620,000 English $4,977,000 Assoc. Mech. $5,694,000 **Crowder Const. $4,079,000 Republic $4,350,000 T.A. Loving $4,869,000 T & R Scottsdale $4,323,000 *Low Bidder **Lowest Responsible Bidder Councilmember McBryde moved to follow the recommendation, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. Mr. Reid recommended on Section II-Electrical on the Cape Fear River Raw Water Pumping Station to the low of Watson Electric Company in the amount of $184,941.00. Bids received were as follows: Section II - Electrical Barnes & Powell 211,000 T & H Elec. 226,900 Allen 263,000 Regan Elec. 226,700 Cape Fear 204,721 L.J. Electric 194,100 Electricon 216,500 *Watson Electric 184,941 U.I.A. Electric 290,015 Yates 238,000 T.A. Loving 293,500 Christopher 240,000 * Low Bidder 5. Appearance by Robert C. Anderson representing Tax Action Group/Citizens Against Wasteful Spending (Tax Cause). Mr. Anderson stated that their Tax Action Group/Citizens Against Wasteful Spending have concerns with solid waste disposal. He said they also have a representative at the County Commissioner's meeting tonight. One of their main concerns is that we don't really have a plan for solid waste disposal. He stated there are several programs going on that are paid by tax dollars and now there is discussion on charging fees in addition to their taxes. Their request tonight is that Council work with the County to get a universal plan. Councilmember Kendrick advised Mr. Anderson that the City does not operate a landfill and must use the County's landfill. He added that all Councilmembers were very concerned with this issue. 6. Consideration of award of audit contract for FY 1991. This item was presented by City Manager John Smith stating that the audit contracts were awarded an annual basis, but bids are requested after 3-4 years. The two audit committees--one with City staff and one with PWC staff--uses the point system for their recommendations. Deloitte & Touche (D & T) was the unanimous first choice of all staff. Mr. Smith stated that if Council chooses to weigh local offices heavier, then he recommends Cherry, Bekaert & Holland (CBH). Bids received are as follows. A maximum of seventy (70) points was assigned to the technical portion while a maximum of thirty (30) points was assigned to the price component. The table below represents the consensus ranking of the eight (8) proposals as assigned by the two (2) audit committees. QUALIFICATIONS* PRICE** TOTAL FEE Deloitte & Touche 68 23 91 $62,000 KPMG Peat Marwick 61 21 82 70,000 Coopers & Lybrand 53 25 78 58,175 McGladrey & Pullen 46 30 76 48,000 Cherry, Bekaert & Holland1 46 25 71 58,500 Dixon, Odom & Co. 43 27 70 54,000 Haigh, Byrd & Lambert1 35 30 65 48,000 Pittard, Perry & Crone1 28 30 58 48,750 *Out of 70 Points **Out of 30 Points 1Local City Office Mayor Pro-Tem Evans stated she feels we have had no problems with CBH and moved to award the contract to them, seconded by Councilmember Bolton, Mr. Bolton pointed out that CBH was $35,000 lower than D & T. Ms. Ross requested that in the future, interns from FSU could be utilized and help with the Affirmative Action Plan. Mr. Smith suggested that if local consideration is going to be a criteria in the future, then this should be stated in the RFP's. He added that we have no problems with CBH that the City has contracted previously. Following further discussion, Mayor Dawkins called for a vote and the motion to award the audit contract to Cherry, Bekaert & Holland carried unanimously 8 to 0. Councilmember Cheek agreed with Ms. Ross concerning affirmative action and felt we should include this information in future requests for any and all bids. 7. Consideration of purchase of personal protective gear for firefighters: A. Self contained breathing apparatus. This item was presented by City Manager John Smith stating they were very concerned about the specifications and track record because it does deal with breathing apparatus for the firemen. He stated that the bid awards committee had some fairly significant exceptions to the low bidders, one being that one of them did not have the speech diaphragm. These are needed for the firefighters to be able to communicate with each other while wearing the apparatus. The recommendation was to award the contract to the lowest bidder meeting specifications of Carolina FireMasters, Inc., in the amount of $166,792.50. Bids received were as follows: Zimmerman-Evans, Inc. (primary bid) 128,280.00 Vallen Safety Supply 157,011.50 *Carolina FireMasters, Inc. 166,792.50 Zimmerman-Evans, Inc. (alternate bid) 155,132.20 National Draeger, Inc. 183,370.00 Interspiro, Inc. 202,178.00 *Lowest Bidder Meeting Specifications Mayor Pro-Tem Evans moved to follow the recommendation and award to Carolina FireMasters, Inc., seconded by Councilmember Ross and carried unanimously 8 to 0. B. Turnout gear. This item was presented by City Manager John Smith stating not only were the bids reviewed but samples were required to be submitted. Mr. Smith referred to the detailed justification information in the agenda packet stating that the squares drawn around the yes's indicate that the specifications were not met and the asterisks indicated the bidders that would not provide firm prices for 18 months. Therefore, the committee is recommending that the award of the contract for the turnout gear be awarded to Zimmerman-Evans, Inc., for a total price of $87,361.50. A copy of the specification and justification is attached to and made a part of these minutes. Bids received were me follows: UNIT TOTAL PRICE PRICE Zimmerman-Evans, Inc. (alternate bid) $471.82 $70,773.00 Newtons Fire and Safety, Inc. $499.00 $74,850.00 Carolina FireMasters, Inc. $500.00 $75,000.00 Vallen Safety Supply $527.29 $79,093.50 Slagle's Fire Equipment & Supply Co. $534.34 $80,151.00 Harold's Sales & Service Co., Inc. $548.73 $82,309.50 Zimmerman-Evans, Inc. (primary bid) $582.41 $87,361.50 City Attorney Bob Cogswell referred to the memo from Fire Chief Piner, third paragraph, first sentence that reads, "Chief Hall drafted the specifications based on NFPA Standard 1971, the recommendations of the committee, and the desire to make the specifications as generic as possible and still get quality turnout gear." He also referred to quality in the third paragraph that reads, "There was a huge difference in the quality of construction (in the committee's opinion) between the manufacturer's products." Mr. Cogswell stated that the bid law states that you take into consideration quality performance and time for performance in determining the responsible bidder. Councilmember McBryde moved to follow the recommendation and award to the lowest bidder meeting specifications of Zimmerman-Evans, Inc. in the amount of $87,361.60. The motion was seconded by Councilmember Bolton and carried unanimously 8 to 0. 8. Consideration of resolutions fixing date of public hearings on question of annexation pursuant to G.S. 160A-31, as amended (Petition-Initiated Annexations) (Recommended Public Hearing Date of May 6, 1991) This item was presented by Assistant City Manager Roger Stancil recommending adoption of the resolutions for Items A, C, D and E and reminding Council that Item B has been pulled from the agenda. Councilmember Kendrick stated that he has been requesting that the City's boundary lines be straightened up where the lines are jagged or where piece of property are split. He stated the City could straighten these boundary lines if the petitioner has not done so. Councilmember Torrey concurred with Mr. Kendrick. A. Alliance Group of Fayetteville, Inc., Property - 1211 Ireland Drive (Cross Creek Distribution Center) B. (PULLED FROM AGENDA) C. Larry's Sausage Company Property - 301 Service Road - S.R. 1737 D. Morganton Road Corporate Center E. Country Club North, Section 6, Part A RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED (ALLIANCE GROUP OF FAYETTEVILLE, INC., PROPERTY). RESOLUTION NO. R1991-030. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED (LARRY'S SAUSAGE COMPANY PROPERTY). RESOLUTION NO. R1991-031. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED (MORGANTON ROAD CORPORATE CENTER). RESOLUTION ND. R1991-032. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED (COUNTRY CLUB NORTH, SECTION 6, PART A). RESOLUTION NO. R1991-033. Councilmember Bolton introduced the foregoing resolutions and moved their adoption, seconded by Mayor Pro-Tem Evans and carried 5 to 3 with Councilmembers Kendrick, Torrey and Ross voting against. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1991. 9. Consideration of request to County Commissioners regarding landfill tipping fees. This item was presented by City Manager John Smith stating that it was determined at the City/County Liaison Committee Special Meeting last Monday that the County Commissioners would need a request from City Council if we wish to levy the disposal charges for residential garbage in the City as in the same manner as outside the City. Mr. Smith stated that in order to keep the whole process on track, he recommended that Council approve a motion stating that any fee levied for disposal of residential garbage be levied in the same manner inside as outside the City. Councilmember Ross moved to follow the recommended motion, seconded by Councilmember Bolton. Councilmember Cheek offered a friendly amendment to include "and collected" after the word "levied." Councilmembers Ross and Bolton accepted the friendly amendment. Mayor Dawkins called for a vote and the motion carried unanimously 8 to 0. 10. Consideration of ordinance amending Section 28-130 of the Fayetteville City Code regarding "Taxicab Review Board." This item was presented by Assistant City Manager Roger Stancil recommending that the City Clerk's responsibilities to the Taxicab Review Board as Secretary be eliminated and these duties be the responsibility of the Inspections Clerk. His second recommendation was to eliminate the Assistant City Manager specifically and allow the City Manager to appoint anyone he deems appropriate as Chairman to the Taxicab Review Board. He recommended that the ordinance for these changes be adopted. AN ORDINANCE AMENDING SECTION 28-130, "TAXICAB REVIEW BOARD." ORDINANCE NO. S1991-006. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1991. 11. Consideration of request from Councilmember Ida Ross for discussion of sewage problem in Hollywood Heights Subdivision. Councilmember Ross stated that she had received information for the name of a contact person from Assistant City Manager Roger Stancil for the people in the Hollywood Heights Subdivision with the worst problems. Ms. Ross stated that the problem is severe in the whole area and feels something needs to be done before it creates a health problem. City Manager John Smith responded to this item stating there is a very severe problem in that area along with some other areas. He stated that funds were not available and this would have to be a 100 percent assessment project. He stated that in the County-wide Water and Sewer Study draft that was presented to the City and County at a joint meeting dose include this as one of its first priority projects. Council took no action. 12. Administrative Reports - there were no reports. Councilmember Kendrick referred to the information item in the packet concerning Coronado Parkway paving. He asked what position this would be from here. City Engineer Bob Bennett responded they have received a petition and are now investigating the sufficiency of this petition. Councilmember Cheek questioned the request from the Exit 49 Merchant Association with a request for the street lights at this location. Ms. Cheek asked if this was not the same location that Council discussed over a year ago for possible lighting and requested that City staff and PWC staff check into this and report back to Council as soon as possible. Councilmember Pillow responded that this has already been done and PWC returned the report of the cost of the project and Council voted against doing it. Ms. Cheek stated she would like a clarification from staff on this matter. Councilmember McBryde stated there would be a Council Policy Committee meeting on Monday, April 22, following the Information Meeting. Councilmember Ross moved to enter executive session for litigation at 9:00 p.m., seconded by Councilmember Bolton and carried unanimously 8 to 0. Council reconvened at 9:13 p.m. and there being no further business, the meeting was adjourned upon motion and second. Approved May 6, 1991 Please Note: To view the table of sidewalk reconstruction proposals, please see Book X, page 580 of the City of Fayetteville Meeting Minutes. INFORMATION MEETING MONDAY, APRIL 22, 1991 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, APRIL 22, 1991 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans, Milo McBryde, Nat Robertson, Tommy Bolton, Ida Ross, Thelbert Torrey, Suzan Cheek, Mark Kendrick Councilmembers Absent: Joseph Pillow Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager John B. (Ben) Brown, Jr., Assistant City Manager Robert C. Cogswell, Jr., City Attorney Al McKenzie, Personnel Director Al Mitchell, Deputy City/County Planning Director Will Denning, Planning Mayor Dawkins called the meeting to order and recognized Fire Chief Pete Piner for the invocation, the Mayor led in the Pledge of Allegiance to the American flag. Upon motion by Councilmember Kendrick, seconded by Councilmember Cheek, Council voted unanimously to excuse Councilmember Joseph Pillow from this meeting. The first item discussed by Council was the approval of the agenda. City Manager Smith asked to add the following items to the agenda: 1.A. Consideration of a Resolution regarding the Highway Trust Fund and 1.B. Discussion of state collected revenues. Upon motion by Councilmember Cheek, seconded by Councilmember Ross, Council voted unanimously to approve the amended agenda. The first item for discussion was the Resolution regarding the Highway Trust Fund. This resolution asks that the state not remove funds from this fund for other operating expenses. Upon motion by Councilmember Kendrick, seconded by Councilmember Bolton, Council voted unanimously to adopt the resolution. The resolution title is as follows: RESOLUTION (HIGHWAY TRUST FUND). RESOLUTION NO. R1991-033(B). A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. The next item for discussion was the issue of state collector revenues being withheld from the City. City Manager Smith discussed this item and reiterated that these are not grants or revenue sharing funds but City revenues collected by the City. Mr. Smith compared the process to that of property taxes collected by the County of Cumberland for the City. Mr. Smith stated that the reimbursements and House Bill 2377 revenues being proposed to be withheld by the state account for 12.5 percent of the City's revenues. If the revenues are not forwarded by the State to the City, there would have to be serious reductions in City services. Upon motion by Councilmember Cheek, seconded by Councilmember Bolton, Council voted unanimously to adopt a resolution opposing the taking of these revenues and to set up a meeting with the Legislative Delegation. Upon motion by Councilmember Evans, seconded by Councilmember Kendrick, Council voted unanimously to authorize the Mayor to send a letter to Governor Martin opposing this action. The resolution title is as follows: RESOLUTION ON HB2377 FUNDS. RESOLUTION NO. R1991-033(A). A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. The next item for consideration was the settlement of a condemnation. City Attorney Cogswell recommended the settlement of a condemnation involving the Norris family and Carolina Telephone. Upon motion by Councilmember Bolton, seconded by Councilmember Evans, Council voted unanimously to follow the City Attorney's recommendation. The next item was a presentation of the City's affirmative action plan by the City's Personnel Director, Al McKenzie. After some discussion, Councilmember Torrey moved that the City's MBE resolution be included in the affirmative action plan. This motion was seconded by Councilmember Ross and adopted unanimously. Upon motion by Councilmember Kendrick, seconded by Councilmember McBryde, Council voted to adopt the recommended resolution by a vote of 6 to 2 with Councilmembers Cheek and Ross voting in the negative. The resolution title is as follows: RESOLUTION REAFFIRMING POLICY ON EQUAL EMPLOYMENT OPPORTUNITY FOR CITY OF FAYETTEVILLE. RESOLUTION NO. R1991-034. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions book R1991. Mayor then recognized Al Mitchell and Will Denning with the Planning staff to discuss strategic planning and continue the Council's efforts in strategic planning. After some discussion, Councilmember Cheek offered a motion that the staff prepare a framework for strategic planning and return to Council. This motion was seconded by Councilmember McBryde and passed unanimously. Upon motion by Councilmember Kendrick, seconded by Councilmember Bolton, Council voted unanimously to adjourn the meeting. JOINT MEETING WITH CUMBERLAND COUNTY LEGISLATIVE DELEGATION MONDAY, APRIL 29, 1991 FAYETTEVILLE CITY COUNCIL JOINT MEETING WITH CUMBERLAND COUNTY LEGISLATIVE DELEGATION CITY HALL FIRST FLOOR MULTIPURPOSE ROOM 433 HAY STREET MONDAY, APRIL 29, 1991 8:00 A.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans, Tommy Bolton, Suzan Cheek Councilmembers Absent: Milo McBryde, Nat Robertson, Ida Ross, Joseph Pillow, Thelbert Torrey, Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager John B. (Ben) Brown, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Legislative Delegation Members Presents: Senator Lura Talley; Representatives Bill Hurley, Nick Jeralds, Alex Warner Mayor Dawkins called the meeting to order and stressed to the delegation his appreciation for their willingness to meet with the Council to discuss this issue critical to the provision of basic City services to this community. Mayor Dawkins stated that the City's primary concern was the repeal of House Bill 2377 and the establishment of stable revenue sources for the City. He recognized City Manager John Smith who reviewed the history of the taxes involved and recent actions by the General Assembly which seriously jeopardize traditional revenue sources to the City. Mr. Smith indicated that House Bill 2377 revenues represent approximately $3.5 million to the City of Fayetteville. Tax reimbursements represent approximately $1 million of revenue to the City of Fayetteville. These City revenues represent approximately 13 percent of the City's budget. Mr. Smith stated that if these revenues were taken by the state, the City would be faced with severe reductions in service. The delegation indicated that they would do what they could to ensure that the City's revenues were returned to the City. Approved 5-6-91 REGULAR MEETING MONDAY, MAY 6, 1991 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, MAY 6, 1991 7:00 P.M Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large), Mile McBryde (at-large); Nat Robertson, Jr. (at-large); Tommy Bolton (District 1), Ida Ross (District 2), Joseph Pillow (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, Assistant City Manager for Operations John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Administrative Assistant to the City Manager Robert M. Bennett, City Engineer Tim Wood, PWC Manager Louis A. Chalmers, City Traffic Engineer Jerome Brown, Transit Director William T. Ray, Airport Manager Kai Nelson, Finance Director Reverend Jean Vandergrift, First Christian Church Dr. Richard Shereff, Citizen Dr. Daniel Hall, Citizen Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE Mayor Dawkins called the meeting to order and welcomed everyone to the first meeting in May. Reverend Michael Fletcher, Manna Church, offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins recognized this as Youth Week in Government. He also recognized Charles G. Ross, Jr., former Fayetteville Mayor, present in the audience. 1. Approval of Agenda Councilmember McBryde moved to approve the agenda, seconded by Councilmember Kendrick and carried unanimously by voice vote. At this time, Mayor Dawkins reminded Council of a very important air cargo meeting to be held in this area. It is scheduled for next Monday night at 7:00 p.m. at the Airport. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Kendrick requested to pull Item 2.C for discussion. Councilmember Pillow moved to approve the consent agenda with exception of Item C. After a second from Councilmember Cheek, the consent agenda and following items were unanimously approved. A. Approval of minutes of regular meeting of April 15, 1991. B. Approval of minutes of Information Meeting of April 22, 1991. C. (PULLED FOR DISCUSSION) D. Approval of tax refunds. 1. Tax refund in the amount of $7.43 to Claudia B. Brunson. 1975 Cadillac listed in error. 2. Tax refund in the amount of $37.61 to Larry E. Bush, Jr. Illegal tax - military nonresident. 3. Tax refund in the amount of $5.82 to John D. Calhoun. 1978 Chevy Malibu listed in error, charged with wrong value. 4. Tax refund in the amount of $178.79 to Caroline Choppa. Illegal tax - military nonresident. 5. Tax refund in the amount of $2208.78 to Colonial Pipeline Co. City bill created in error. 6. Tax refund in the amount of $42.12 to Fipps G. Kellum. 1986 Honda Accord listed in error. 7. Tax refund in the amount of $44.77 to Nathon Gainey. 1989 Nissan charged on bill no. 4338992. 8. Tax refund in the amount of $100.08 to General Electric Capital Corp. 1987 International was listed in Forsythe County. 9. Tax refund in the amount of $62.09 to Joseph N. Griffin. Military nonresident. 10. Tax refund in the amount of $139.63 to Healy Wholesale Co., Inc. Listed 1990 International truck in error. 11. Tax refund in the amount of $69.72 to Joseph Edward Jackson. 18 foot RV billed as 33 foot RV. 12. Tax refund in the amount of $7.96 to Martha T. Jackson. 1979 Mercury Grand Marquis listed incorrectly. 13. Tax refund in the amount of $27.11 to Gregory Johnson. 1973 Ford listed in error. 14. Tax refund in the amount of $4.50 to Clyde Maney. Adjust value of 1987 Ford per NDAD. 15. Tax refund in the amount of $62.20 to Carper McMillan, Jr. Illegal tax - military nonresident. 16. Tax refund in the amount of $33.52 to Marsha L. McNeil. Correct tax district to Lake Rim. 17. Tax refund in the amount of $3.17 to Tony Means. Adjust value of 1986 Chevy per NADA. 18. Tax refund in the amount of $13.26 to Samuel L. Peak, Jr. Illegal tax - military nonresident. 19. Tax refund in the amount of $163.45 to Peterkins & Associates, Inc. Billed in wrong township. 20. Tax refund in the amount of $11.83 to Eunice R. Pierce. 1983 Dodge listed in error. 21. Tax refund in the amount of $49.10 to Victor P. Ramsay. Wrong information about building in characteristics. 22. Tax refund in the amount of $40.67 to Gloria Ross. 1982 Toyota listed in error. 23. Tax refund in the amount of $12.29 to Rayon Tart. Adjust value of 1980 mobile home per NADA. 24. Tax refund in the amount of $3.93 to Paul W. Werner. Adjust value of 1980 Olds per VIN. 25. Tax refund in the amount of $22.50 to Annie T. Williford. Adjust value of 1990 Chevy per bill of sale. E. Approval of the rezoning from C3 Heavy Commercial District to M2 Industrial District or to a more restrictive, zoning classification for an area located on the southwest side of SR 2414 and north of Country Club Drive (US 401 Bypass). (P91-36) F. Adoption of Capital Project Closeouts 91-9 through 91-12. Summarized below are the revenues and expenditures associated with each project closeout. CPOCO Total Total Number Description Revenues Expenditures Balance 91-9 GHSP $204.371 $204,371 $-0- 91-10 Capital Grant 88,287 87,260 1,027 91-11 Capital Grant 99,225 95,990 3,235 91-12 Property Crime 23,173 23,173 0 $415,056 $410,794 $4,262 G. Adoption of a resolution to acquire an easement west of Southern Avenue between Poe Street and Tolar Street. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1991-035. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. H. Adoption of a resolution setting public hearing to consider a petition for paving Coronada Parkway from Owen Drive to Eldorado Road. Suggested date is June 3, 1991. PRELIMINARY ASSESSMENT RESOLUTION. RESOLUTION NO. R1991-036. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions book R1991. I. Approval of an agreement with N.C.DOT for improvements along the south side of Hay Street: 1. Drainage at the southwest corner of Hay Street and Highland Avenue. 2. Replacing curbs and gutters from Highland Avenue westwardly for approximately 230 feet. WHEREAS, the North Carolina Department of Transportation and the City of Fayetteville propose to make certain street and highway improvements consisting of the improvement of SR 1404 (Morganton Road) at the intersection of Highland Avenue; and, WHEREAS, the Department of Transportation and the City of Fayetteville proposed to enter into an agreement for construction of the aforementioned highway improvement whereby the City of Fayetteville agrees to design the project plans, acquire the right-of-way and adjust utilities, award the construction contract, and supervise project construction; and, WHEREAS, said agreement provides for the City of Fayetteville to be responsible for the costs of design and preparation of plans for the entire project, for the costs of engineering and supervision of construction of the entire project, and for administrative costs incurred in the acquisition of right-of-way of the project; and, WHEREAS, said agreement further provides for the Department of Transportation to reimburse the City of Fayetteville to a maximum extent of $10,000 for the actual contract construction costs of the project. 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. J. Adoption of an ordinance establishing a two-hour parking zone on the south side of Bow Street from Green Street to Ann Street. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 13 - SECTION B - TWO-HOUR ZONES. BOW STREET). ORDINANCE NO. NS1991-023. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book NS1991. 2C. Approval of minutes of joint meeting between the City Council and Legislative Delegation of April 29, 1991. Councilmember Kendrick stated he had not received notification of this meeting and that is the reason he was not in attendance. Councilmember Kendrick moved to approve these minutes, seconded by Councilmember Bolton and carried unanimously. 3. Public Hearings: Mayor Dawkins read the policy the time limit for the public hearing speakers, also the time limit for the non-public hearing speakers. A. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, NC (pursuant to G.S. 160A-31, as amended) (Morganton Road Corporate Center - Northern side of Morganton Road between Beaver Creek and Longbranch Drive). Assistant City Manager Roger Stancil presented the annexation report for this area and recommended adoption of the annexation ordinance. The public hearing was opened at 7:19 p.m. with none to speak in favor of this matter. Appearing in opposition was Mr. Hubert Noble, 111 Hearthstone Drive, stating that he does not believe it is contiguous to the City limits. He stated that there are residents inside the City who do not have paved streets or PWC facilities and feels that they should not annex this commercial property at this time. Also appearing in opposition was Charles Astrike, 5407 Tarheel Street, who concurred with Mr. Noble. He added that he felt this is also spot annexing. In addition, Mr. Astrike stated he felt this small area would be an expenditure to the City and he feels we should develop it for the needs of the citizens and not for the needs of a private developer. There being none further to be heard on this matter, the public hearing was closed at 7:25 p.m. City Manager John Smith responded that satellite annexations can be approved by 100 percent property owner petition. He stated that staff did have some concerns about the development of this property and he has recommended that Council take no action tonight but allow staff to meet with the developers to resolve some of the questions that have come up. This can then be returned for further consideration. Councilmember Bolton moved to defer this item to the staff and return on May 20 for decision, seconded by Councilmember Torrey. Following some discussion, Councilmember Cheek offered a friendly amendment to Mr. Bolton's motion to continue the public hearing as well as the item. Mr. Bolton did not accept the amendment. Mayor Dawkins called for a vote on the motion and it carried 8 to 1 with Councilmember Ross voting against. Councilmember Cheek moved to rescind the action of the chair to close the public hearing and moved to continue the public hearing to May 20. The motion was seconded by Councilmember Ross and carried 7 to 2 with Councilmembers Bolton and McBryde voting against. B. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, NC (pursuant to G.S. 160A-31, as amended) (Ireland Properties, Inc., property - Cross Creek Distribution Center - 1211 Ireland Drive - formerly known as Alliance Group of Fayetteville, Inc., property). Assistant City Manager Roger Stancil presented this annexation report with a recommendation that the annexation ordinance be adopted. The public hearing was opened at 7:40 p.m. and there being none to speak in favor or opposition, the public hearing was closed. Councilmember Kendrick asked when the annexation lines would be straightened in that area. Mr. Stancil responded that this is in the plan for the next phase of another major annexation by the City. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE (IRELAND PROPERTIES, INC., PROPERTY - FORMERLY KNOWN AS ALLIANCE GROUP OF FAYETTEVILLE, INC., PROPERTY), ANNEXATION ORDINANCE NO. 91-05-340. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton, carried 7 to 2 with Councilmembers Torrey and Ross voting against. A copy of the foregoing ordinance is on file in Clerk's office in Annexation Ordinances Book 1991. C. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, NC (pursuant to G.S. 160A-31, as amended) Larry's Sausage Company Property - 301 Service Road - S.R. 1737). Assistant City Manager Roger Stancil presented the annexation report and recommended adoption of the annexation ordinance. The public hearing was opened at 7:45 p.m. and there being none to be heard in favor or opposition to this annexation, the public hearing was closed. Councilmember Kendrick asked when the special use permit on the slaughtering of animals under the M2 zone would be brought before Council. Mr. Stancil responded that this would be done after the initial zoning is set. AN ORDINANCE TO EXTEND THE CORPORATE LIMIT OF THE CITY OF FAYETTEVILLE (LARRY'S SAUSAGE COMPANY PROPERTY). ANNEXATION ORDINANCE NO. 91-05-341. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow 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 Ordinances Book 1991. D. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, NC (pursuant to G.S. 160A-31, as amended) (Country Club North, Section 6, Part A). Assistant City Manager Roger Stancil presented this annexation report with a recommendation to adopt the annexation ordinance. The public hearing was opened at 7:50 p.m. and there being none to speak in favor or opposition to this annexation, the public hearing was closed. AN ORDINANCE TO EXTEND CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE (COUNTY CLUB NORTH, SECTION 6, PART A). ANNEXATION ORDINANCE NO. 91-05-342. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried 7 to 2 with Councilmembers Torrey and Ross voting against. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinances Book 1991. E. Consideration of request to transfer fixed route bus service from Law and Longview Roads to the Northgate Shopping Center. This item was presented by Transit Director Jerome Brown stating that the bus riders had requested that the Northgate Shopping Center be served by tho City bus. He stated that this route transfer would be a service to the riders since they are walking from the drop-off point across the six-lane road to the shopping center. There will be no change in the miles or the time, therefore, no extra cost to the City. The public hearing was opened at 7:57 p.m. and there being none to speak in favor or opposition to this item, the public hearing was closed. Councilmember Cheek asked what our normal policy was for serving areas outside the City since the shopping center is not inside the City. Mr. Brown responded that the shopping center itself is not inside the City but the street is and we have gone outside the City limits as a point of turning around in other areas. Mayor Pro-Tem Evans moved to approve the transfer of the fixed bus route service from Law and Longview Roads to the Northgate Shopping Center as recommended, seconded by Councilmember Ross and carried unanimously. F. Consideration of construction of sidewalks at various locations. This item was presented by City Engineer Bob Bennett. He stated that the City's funds for sidewalk construction may fall short of the recommendation, however, he suggested the projects in the priority listed to the extent funds are available. He added that the funds would probably fall short of Item E which is West Rowan street-south side from CBD Loop to Oakridge Avenue. Mr. Bennett reviewed the assessment policy for sidewalk construction. The recommendation was for approval of the project. The list of sidewalk construction proposals is as follows: ESTIMATED STREET COST A. Ramsey Street - West Side from Courtney Street to Edgewood School $37,000 B. Murchison Road - East Side 1) Waddell Drive to U.S. 401 by-Pass 2) Durham Street Intersection 3) Near West Rowan Street 41,000 C. Rosehill Road - Southwest Side from Melvin Place to Tiffany Court 17,000 D. West Rowan Street - South Side from Bragg Boulevard to Woodside Avenue 10,000 E. West Rowan Street - South Side from CBD Loop to Oakridge Avenue 45,000 TOTAL CONSTRUCTION ESTIMATE 150,000 The public hearing was opened at 8:00 p.m. and appearing in opposition was Lona S. Tinslsy, 917 West Rowan Street. She stated she had questions concerning this sidewalk construction. She asked how much of her property will be taken by right-of-way or easement and what will be done with the telephone pole and water meter. She was concerned with the value and appearance of her property. It was determined that her property is located within the Item E on the proposed list that would probably not get funded. There being none further to be heard on this matter, the public hearing was closed at 8:05 p.m. Councilmember Cheek encourage staff to take a look at thoroughfares, particularly in commercial areas who do not have sidewalks before we return with the ones in people's front yards that are nonthoroughfares, when we get proposals in the future. Councilmember Bolton moved to approve the proposed list A through D in the amount of $105,000 but defer funding until a later date. The motion was seconded by Councilmember Kendrick and carried unanimously. 4. Planning Board Matters: 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 104 Willborough Avenue. (P91-31) This item was presented by Planning Board Staff Al Mitchell stating that the Planning Staff recommended this remain P2 Professional District, however, the Planning Board recommended approval of C1A. Councilmenber Kendrick moved to set a public hearing for June 3, seconded by Councilmember McBryde and carried unanimously. 5. PWC Matters: Consideration of approval of bid award to Envirex, Inc., for purchase of Sludge Collector Equipment. This item was presented by Tim Wood stating they have recommended the second lowest bidder because the low bid would require PWC to purchase $56,000 worth of additional inventory items. He stated they had contacted the Institute of Government and PWC counsel and both had indicated that under the circumstances, it would he appropriate to award to the second low bidder. Councilmember McBryde asked City Attorney Cogswell if he agreed. Mr. Cogswell responded that he disagreed because anything other than low bid would have to be performance or quality and this is neither. Bids received were as follows: NRG, Inc. $56,000 Envirex, Inc. $56,275 The Budd Company $77,552 Councilmember Bolton moved to follow the recommendation and award to the second lowest bidder meeting specifications of Envirex, Inc., in the amount of $56,275. The motion was seconded by Councilmember Kendrick and carried 8 to 1 with Councilmember McBryde voting in opposition. B. Report of status of Exit 49 Lights. PWC Manager Tim Wood presented this report stating that to light these ramps would be very costly and they are outside the City limits which would set a precedent, also, we have not lighted other ramps that are inside the City limits. Following Mr. Wood's report, Councilmember Cheek requested that Tim Wood send a copy of this report to those merchants with a letter explaining the difficulties we would have in lighting this area and offer assistance in setting a meeting with necessary agencies to discuss their issues. 6. Consideration of resolution fixing date of public hearing on question of annexation pursuant to G.S. 160A-31, as amended (petition-initiated annexation) (King's Grant - Portion of Section 5, Part A) (Recommended public hearing date is May 20, 1991. This item was presented by City Manager John Smith stating that this petition was incomplete at a previous Council meeting. It is now a complete petition and he recommends adoption of the resolution setting a public hearing. A RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160-31 (MAY 20, 1991). RESOLUTION NO. R1991-037. Councilmember Bolton moved to adopt the resolution setting the public hearing, seconded by Councilmember Robertson, carried 7 to 2 with Councilmembers Torrey and Ross voting against. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. 7. Consideration of plans for paving of Pate Drive. (Request to appear by Rev. Jean Vandergrift, First Christian Church, Dr. Richard Shereff, and Dr. Daniel Hall.) This item was presented by City Manager John Smith stating that the last Council action was for the Engineering Department to draw up the plans, to meet with property owners, and bring those plans back to Council. This has generated considerable interest and there are several people requesting to speak on this item. Mayor Dawkins recognized the Reverend Gene Vandergrift, First Christian Church, with approximately 35 supporters in the audience. She requested timely maintain the two-way street and pave from Fort Bragg Road to Morganton Road. They support the plan submitted by the City Engineering Department because it should solve the dust and dirt problem and solve the noise from the gravel they occasionally hear alongside the sanctuary during worship hours. Dr. Richard Shereff was recognized stating they are requesting the current street be paved and not a new one built creating a shortcut between Fort Bragg Road and Morganton Road. By keeping the street a narrow street with the curve, this would also preserve the trees along the street. Dr. Shereff stated that the plans brought before Council tonight in no way address the concern previously voiced. He stated that the plans were evasive and obnoxious and encouraged fast-moving travel. Dr. Shereff concluded by stating the residents were not opposed to the paving if the street remains narrow as it currently is. Dr. Daniel Hall was recognized stating that his residence was the only one actually facing Pate Drive. He stated their concerns are for the speeders endangering the children's lives and for the trees that would be cut down if the street is widened and roots to other trees damaged. Dr. Hall requested Council consider 16 feet that is presently being used and no more. City Manager John Smith stated that the standard width with curb and gutter is 29 feet and the Engineering Department plans call for 24 feet. The loss of some of the trees has been conferred by our Urban Forester. Mr. Smith presented five options Council could follow: 1. Approve the paving plan. 2. Approve the paving plan along with a project to replace trees. 3. Reduce the width even further. 4. Leave the street unpaved. 5. Consider a partial closing. Mr. Smith recommended option no. 2. Councilmember Ross moved to follow the recommendation to adopt option 2. The motion died for a lack of second. Councilmember Cheek moved to approved paving the existing width of 18 foot, including the curb, seconded by Councilmember Ross. Following some discussion, Councilmember Kendrick offered substitute motion to refer this to the Engineering Department to study strip paving for this street, seconded by Councilmember Torrey. The motion failed 3 to 6. Mayor Dawkins called for a vote on the main motion and it carried 7 to 2 with Councilmembers Kendrick and Torrey voting against. 8. Report from Streets, Roads and Sidewalk Committee: A. Roxie Avenue Drainage Problem Councilmember Kendrick stated that the Streets, Roads and Sidewalk Committee had recommended initiation of annexation of this area in order to solve this storm water drainage problem. Therefore, Councilmember Kendrick offered a motion to follow this recommendation, seconded by Mayor Pro-Tem Evans. The motion carried 7 to 2 with Councilmembers Torrey and Ross voting against. B. Stop Signs on Marlboro Drive Councilmember Kendrick stated that the Committee had recommended Council set a public hearing on this issue. Mayor Pro-Tem Evans moved to set a public hearing at the earliest possible time because of time for advertising, seconded by Councilmember Kendrick and carried unanimously. At this time, Mayor Dawkins stated that a letter had been received on April 23 from Wilson Yarborough with a request to speak on an item prohibiting parking on Russell Street, which is the next item. C. Prohibit parking on Russell Street Councilmember Kendrick stated that the Committee voted unanimously to recommend to Council that the City follow the Traffic Engineer's recommendation and remove parking on Russell Street. Traffic Engineer Louis Chalmers gave a report to Council concerning this item. Mr. Wilson Yarborough, Jr., was recognized stating that he is the owner of Yarborough Motor Company and Continental Rental Car located on the south side of Russell Street at the Gillespie Intersection. He stated that the rare occasions where there might be a traffic buildup on that location of Russell Street was generally caused by the train blocking traffic across Gillespie Street. He stated the other consideration might be the light at the intersection of Worth and Russell Streets being changed from a stop light to a blinking light, allowing buildup of traffic at Gillespie Street instead of the pause at Worth Street. Mr Yarborough stated that if Council took away his customer parking, he would have to leave the downtown area. Following some discussion, Mayor Pro-Tem Evans moved to leave all parking on Russell Street, seconded by Councilmember Ross. D. 55 MPH Speed Limit on Eastern Boulevard. Traffic Engineer Louis Chalmers stated that this was Eastern Boulevard from Elizabethtown Road to Locust Street. The recommendation was to adopt the ordinance. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL). ORDINANCE NO. NS1991-024. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Torrey and carried 8 to 1 with Councilmember Robertson voting against. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book NS1991. E. Street Resurfacing List Councilmember Kendrick presented the Street Resurfacing List the Committee approved with one change on Part C, Line 3, in the third column, change "CBD Loop" to "Ashley Street." Councilmember McBryde requested to add Arsenal Avenue as No. 22 to the Part C list, even though the monies may run out before this is done, it will be placed on the next resurfacing contract. (A copy of the proposed Street Resurfacing List is attached to and made a part of these minutes.) Councilmember Bolton moved to approve the Street Resurfacing List as corrected and amended, seconded by Councilmember McBryde and carried unanimously. 9. Report from Policy Committee: A. Policy for advertising public hearings for Transit projects Chairman McBryde reported that Transit Director Jerome Brown had requested a policy so that public hearings can be shortened to ten-day notices and the Policy Committee approved the request. City Manager John Smith stated that at this time there is no City policy on these advertisements, so UMTA says it will be 30 days. Often times dealing with funding matters, 30 days could be too late. Councilmember Bolton moved to adopt a policy for a ten-day advertisement for Transit project public hearings. The motion was seconded by Councilmember McBryde and it carried 8 to 1 with Councilmember Torrey voting against. B. Revision to policy on assessment discount Chairman McBryde reported that the City's policy on storm drainage projects was to split the cost of the project with the abutting property owners 50-50. If the 30 percent discount policy were applied to such projects, the City would actually pay 65 percent of the cost of these projects. The Policy Committee voted unanimously that storm drainage projects not he covered by the assessment discount policy. Mayor Pro-Tem Evans moved to adopt the policy as recommended, seconded by Councilmember Bolton and carried 7 to 2 with Councilmembers Kendrick and Torrey voting against. C. Travel allowance and IRS regulations Chairman McBryde reported that the Internal Revenue Service regulations state that if taxes are not withheld from the Mayor and Council's travel allowances, they will need to keep account of mileage, therefore the Policy Committee voted to have FICA and Federal and State taxes withheld from Council's travel allowances to begin immediately. Councilmember Bolton moved to adopt the policy as recommended, seconded by Councilmember Kendrick, and carried unanimously. 10. Consideration of improvements project at Sapona Road and Deep Creek Road intersection. Councilmember robertson moved to approve the improvements project at Sapona Road and Deep Creek Road intersection as recommended, seconded by Councilmember Bolton and carried unanimously. 11. Consideration of adoption of an ordinance ordering the closing of Winslow Street Bridge. This item was presented by City Manager John Smith requesting that Council not consider the ordinance submitted in the agenda packet but to adopt the revised ordinance submitted at the meeting. AN ORDINANCE CREATING A NEW SECTION 20-98, "WINSLOW STREET BRIDGE CLOSED TO TRAFFIC." ORDINANCE NO. S1991-007. Councilmember Cheek 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 Ordinances Book S1991. 12. Consideration of adoption of a resolution dissolving the Fayetteville Revitalization Commission. Councilmenber Cheek suggested that if this resolution is adopted, that some of the functions of the Fayetteville Revitalization Commission might be distributed to other agencies. City Manager John Smith responded that all functions of the Commission will be reviewed and distribution determined with a new contract development. A RESOLUTION REPEALING THE CHARTER OF THE FAYETTEVILLE REVITALIZATION COMMISSION. RESOLUTION NO. R1991-038. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Mayor Pro-Tem Evans and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. Councilmember Pillow requested that the Revitalization Commission members be notified individually of the dissolving of this Commission and showing our appreciation for their years of hard work and accomplishments. 13. Consideration of a resolution initiating the process for postponement of the 1991 City Council Election. City Manager John Smith presented this item and stated that this is not an adoption of a resolution but to set a public hearing. He recommended the public hearing be set for the next regular meeting on May 20. Mayor Pro-Tem Evans moved to follow the recommendation to set a public hearing for May 20 to consider the delay in the 1991 City Council election. The motion was seconded by Councilmember Torrey and carried unanimously. 14. Consideration of various redistricting options. Mayor Pro-Tem Evans moved to set a public hearing for citizen input for various options on redistricting on May 20, seconded by Councilmember Pillow. Councilmember Bolton requested an amendment to the motion that we contact the consultants to consider the plan that is more closely aligned to what we have now, which is three at-large and six districts. Following lengthy discussion, Mayor Pro-Tem Evans accepted the amendment and changed the date for the public hearing to the May 28 Information Meeting. The motion carried unanimously. 15. Consideration of amendment to Chapter 20, "Motor Vehicles and Traffic," for traffic operations at Nix Road and Camp Ground Road. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 6- STOP INTERSECTIONS). ORDINANCE NO. NS1991-025. Councilmember Kendrick 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 Ordinances Book NS1991. 16. Consideration of expansion of Airport Commission. This item was presented by Councilmember Bolton requesting that two extra members be appointed to the Airport Commission for categories of licensed pilot and travel industry. Also, an ex officio being a local representative from the NCDOT. Following lengthy discussion, Councilmember McBryde moved to have the City Attorney prepare an amendment to the ordinance to add the categories as recommended and returned to Council for adoption, seconded by Councilmember Cheek and carried 5 to 4 with Councilmembers Evans, Pillow, Torrey, and Ross voting against. 17. Appointments: A. Nominations to fill one vacancy on Board of Adjustment. Councilmember Ross nominated Mr. Lynwood Haith, who formerly served on the Board of Appeals. B. Nomination to fill three vacancies on Board of Appeals. Councilmember Bolton nominated David Nichols, formerly on the Revitalization Commission, and Mayor Pro-Tem Evans nominated Joyce Malone for a second term. There was no nomination for the term of Mr. Edward Bryant. 18. Administrative Reports: A. Statement of taxes collected for the month of March 1991. Council accepted the statement of taxes collected for the month of March 1991 in the amount of $224,867.98. B. Discussion of 1991-92 Fiscal Year Budget issues. Mr. Smith stated he hoped to be able to present a preview of the budget recommendation at Council's May 20 regular meeting. He gave a lengthy report to Council on budget issues. C. Statue report on Lafayette Hotel. Mr. Smith stated that the owners are still trying to finalize the cost in terms of environmental issues in order to give a firm contract price. Councilmember Bolton moved that mo money be spent on the study of the Lafayette Hotel for preservation, seconded by Councilmember McBryde and carried unanimously. D. Status report on proposed County Landfill fees. Mr. Smith stated that Larry Carter of the Cumberland County Landfill had advised him that the county had ruled to make the fee to the City residents $25 per year. Councilmember Kendrick stated that this is a good example of double taxes and he does not feel the City residents should have to subsidize the county's general fund for the full amount when they don't use the landfill for yard trash. There being no further business, the meeting was adjourned at 10:28 p.m. upon motion and second. Approved May 20, 1991 Please Note: To view the street resurfacing tables, please see Book X, page 604 of the City of Fayetteville Meeting Minutes. REGULAR MEETING MONDAY, MAY 20, 1991 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, MAY 20, 1991 7:00 P.M Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (At-large); Milo McBryde (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Councilmember Nat Robertson (at-large) Others Present: John P. Smith, City Manager Roger Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Administrative Assistant to the City Manager Jason Brady, Public Information Officer Bob Bennett, City Engineer Tom McNeill, PWC Property Acquisition Supervisor Kenny Horne, PWC Purchasing Agent Louis Chalmers, City Traffic Engineer Kai Nelson, Finance Director Members of the Press INVOCATION Mayor Dawkins called the meeting to order and welcomed everyone to the second meeting in May. He called on Reverend Johnson Gupton, second Baptist Church, to offer 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 to add item 1A for appointment of a member to the committee for locating an air cargo facility in a six county region, also for item 14 the litigation Carey/Apex interbasin transfer case. Councilmember McBryde moved to approve the agenda as amended seconded by Councilmember Bolton and carried unanimously 8 to 0. A. Appointment of a member to the committee for locating an air cargo facility in a six county region. Councilmember McBryde nominated Mayor Dawkins as representative and Councilmember Pillow as the alternate member. Council voted unanimously on these appointments. 2. Consent: Mayor Dawkins presented the consent Agenda and asked if any item should be removed before calling for action. There being none to be pulled, Mayor Pro-Tem Evans moved to approve the consent agenda. After a second from Councilmember Pillow, the consent Agenda and following items were unanimously approved. A. Minutes of May 6, 1991, regular meeting. B. Adoption of Capital Project Closeouts 91-13 through 91-15. Summarized below are the revenues and expenditures associated with each project closeout: CPOCO Total Total Number Description Revenues Expenditures Balance 91-13 CDBG-YR 13 $1,166,522 $1,166,522 $-0- 91-14 CDBG-YR 9 3,328,256 3,328,256 -0- 91-15 Communications 94,766 94,766 0- $4,589,544 $4,589,544- 0- C. Adoption of Capital Project Ordinance Amendments 91-14 and 91-15 and Capital Project Ordinance 91-5. The purpose of each is summarized as follows: CPOA ƒ91-14 rolls forward the expended balances of HUD federal grants (project years 9 and 13) to another HUD federal grant in preparation for closeout of those projects. As the reappropriated amounts are equal, the net effect of the amendment is zero. CPOA ƒ91-15 reflects a budget reduction of $2,000 for the Fayetteville-Cumberland County Juvenile Restitution Program. The reduction was largely made possible by the fact that the program began later than anticipated which had a commensurate effect on program personnel costs. Capital Project Ordinance ƒ91-5 establishes a separate ordinance and set of accounts for the Fayetteville Releaf-Street Tree Program. You will recall that Council approved the set aside of $30,000 from the Sidewalk Project to implement this program at its August 20, 1990 meeting. D. Award of contract for purchase of vehicle wheel alignment system to Merchants, Inc., d.b.a. American Tire Distributor in the amount of $22,439. Bids received were as follows: *Merchant, Inc. D/B/A/American Tire Dist. $22,439.00 J.H. Hefner Co., Inc., $22,778.15 C & M Automotive Equipment Sales, Inc. $23,182.00 Myers Tire Supply $24,113.00 Coastal Equipment, Inc. $27,184.00 E. Adoption of resolution authorizing sale of surplus property. RESOLUTION AUTHORIZING THE SALE OF SURPLUS PROPERTY. RESOLUTION NO. R1991-039. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. F. Approval of request for release of lot cleaning lien in the amount of $759.38 ($675 principal, plus $84.38 interest) levied February 22, 1990, on the property located at lots 29-36 North Street. William J.B. McGugan, due to a clerical error; has not owned this property since 1963. 3. Public Hearings Mayor Dawkins read the policy for the time limit on public hearing speaking. A. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (Morganton Road Corporate Center) (Continuation of Public Hearing of May 6, 1991.) This item was presented by City Manager John Smith stating that he had asked this be postponed from the last meeting because of some concerns over some development issues. Those issues have been resolved to City staff satisfaction. Mr. Smith also stated he had had concerns about a possibility of this being a satellite annexation except for the roadway abuttment. The petitioner indicated that there would be a follow-up petition to request annexation of additional property that would make this property contiguous to the City along Morganton Road. The petition was not received today due to one person being out of town that would need to sign this petition. Mr. Smith recommended the public hearing be held but hold action until the petition is received. The public hearing was opened at 7:22 p.m. and speaking in favor was Bill Maxwell, 2521 Raeford Road. Mr. Maxwell stated he is one of the petitioners and if Council could delay action for two weeks, he felt he could have the paperwork in order. Appearing in opposition was Mr. Charles A-------, 5407 Tarhell Drive, stating that he was not really in opposition but that he was in favor of things following the book. He stated he felt that we should annex those areas that would give the City immediate income from the taxes. He stated he felt if we annexed this area that was not contiguous to the City, it would not be going be going by the book. Also recognized in opposition was Mr. Hubert Noble, Hearthstone Drive, stating he does not feel that all the pieces are in place on this annexation. He stated he felt that this corporation should be put downtown where it is desperately needed for the revitalization. Mr. Noble stated that it concerned him because the developers of these corporations live outside the City limits and reaped the benefits of tax breaks leaving the taxpayers such as himself to pay for the services. He recommended that Council deny this annexation petition until they have annexed the surrounding subdivisions. There none being further to be heard on this matter, the public hearing was closed at 7:38 p.m. Councilmember Bolton moved to delay action on this annexation petition as recommended by the City Manager until it is returned by the City Manager at the earliest possible time. The motion was seconded by Mayor Pro-Tem Evans and carried 7 to 1 with Councilmember Torrey voting against. Mayor Pro-Tem Evans stated she felt that if this corporation was developed in the City, it would increase the tax base and the City would have control of the zoning. B. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (King's Grant - portion of Section 5, Part A.) This item was presented by Assistant City Manager for Operations Roger Stancil. He presented the annexation report and certified that the notice of public hearing was advertised and that this request for annexation was to complete the portions of this property that was omitted from the last annexation petition. The recommendation was to adopt the ordinance. The public hearing was opened at 7:42 p.m. and there was none to appear in favor. Appearing in opposition was Clinton Harris, FCCCA, 4713 Watauga Road. He stated he saw no necessity for the City to annex vacant land for housing because the County has an adequate method for any area of the County that would be contiguous to the City to get water and sewage under their current policy. So just to extend the corporate limits, just to satisfy the developer, adds to the City taxpayer's expense, as he understands from what the City has stated in the past. Mr. Harris stated that in reviewing some of the City's data recently, there is a pattern of annexing underdeveloped land and omitting developed land. He stated that the Fayetteville/Cumberland County Citizen's Association is opposed to this annexation and they cannot see the purpose in developing this land unless they are saying one thing and intending to do another. Mr. Harris stated that the FCCCA opposes this annexation and will oppose all future annexations that is not developed that is contiguous to the City because they feel this is a continuous pattern of diluting minor voting strength in the City. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (KING'S GRANT, PORTION OF SECTION 5, PART A). ANNEXATION ORDINANCE NO. 91-05-343. Councilmember Bolton introduced the foregoing ordinance and moved its adopt ion to be effective June 30, 1991, seconded by Councilmember McBryde and carried 6 to 2 with Councilmembers Torrey and Runs voting against. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance BooK 1991. C. Consideration of a resolution to delay the 1991 Municipal Election pursuant to N.C.G.S. 160A-23.1. This item was presented by City Attorney Bob Cogswell. He stated that the census is going to cause a lot of municipalities to have to consider the possibility of redistricting. There are approximately 100 jurisdictions in North Carolina alone that would have to have a redistricting plan precleared by the Department of Justice if they all went that route. Therefore, there is going to be an expected abundance of requests for preclearance made to the Department of Justice and the possibility of getting any type of redistricting plan submitted and precleared by the time that the filing period is open for municipal elections this fall would be almost impossible. Therefore, last year the Legislature enacted an amendment to 160A-23.1 that would allow Council to postpone its election in the event a plan is not preapproved. If Council should happen to come up with a plan and get it approved by the filing date, then the election can be held. But if not, then it can be postponed. The postponement would mean that Council's election would take place next spring as part of the County election process. The filing period would begin January 6, 1992, and conclude on February 3, 1992. In the first election, if the chosen districting uses Council's same election plan, then a primary would take place on May 5, 1992, and any runoffs would be on June 2, 1992. Staff recommends that Council bold a public hearing and approve this document. The public hearing was opened at 7:50 p.m. There was none to speak in favor of this resolution. Mr. Steven Gardella, property owner at 531 Anson Drive, College Lakes, had signed up to speak to Council in opposition. However, be had not arrived from the County Commissioner's meeting; therefore, he was not present to speak. Appearing in opposition was Clinton Harris, FCCCA, 4713 Wataga Road. He stated he feels that if Council chose not to make a decision on the plans for methods of election available, but to ask for additional information to send a plan that may not work would be wasteful spending on a lean budget. Mr. Harris stated that the data sent to the Department of Justice recently by the City Attorney and which was precleared, contained an overstatement of the City population of white by over 1,000 and it was understated for the black population by over 1,000 bringing a difference of the population of 1.94 less Black population in the City than the 1990 census showed. The census shows the City population to be 38 point something and the report sent to the Department of Justice showed 36 point something. Mr. Harris concluded by stating he believes that if Council is going to use what they previously did as an example, the Justice Department will approve anything so why not get on with the election. City Attorney Cogswell responded to Mr. Harris's comment concerning the 1990 census statement that a footnote was put at the end of our submission that we were not using 1990 census figures because we were still debating them at the time. The Department of Justice was aware of that and if they wanted us to use those figures, they could have asked us to do so. They accepted it as it was sent. There being none further to be heard on this matter, the public hearing was closed at 7:45 p.m. RESOLUTION TO DELAY THE 1991 MUNICIPAL ELECTION PURSUANT TO N.C.G.S. 160A-23.1. RESOLUTION NO. R1991-040. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Cheek and carried 6 to 2 with Councilmembers Ross and Torrey voting against. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. City Attorney Cogswell stated that for the record, this resolution would be forwarded as soon as possible to the Department of Justice for preclearance. Mayor Pro-Tem Evans asked for the date for the last action on this. Mayor Dawkins responded that the last date for preclearance of the election plan is July 19, 1991. If this resolution passes tonight, we would have time if the election is delayed. But if not, the Justice Department would have at least 60 days to consider any plans. Councilmember Kendrick asked if the cost would be more to the taxpayers to hold the election later. City Attorney Cogswell responded it would be less cost to the taxpayers because the election wold be combined with the County instead of being held separately and paying the full cost. D. Consideration of a resolution for paving (without petition) of Jarvis Street from Ruritan Drive to dead end. This item was presented by City Engineer Bob Bennett stating that a request had come from the property owners on Jarvis Street requesting that Council consider the paving without petition. The estimated cost of paving the street is $49,000. All of the abutting property owners have been notified and invited to attend the public hearing. The public hearing was opened at 7:58 p.m. And speaking in favor of the paving was Mr. Bobby Brown, 5421 Jarvis Street. He stated that he was annexed into the City and has never received a new street. Appearing in opposition was Thomas J. Gravley, 107 Ruritan Club Drive, property owner on Jarvis Street. He stated he was told several years ago when he had requested the street to be paved that it had to be done by petition and he has not seen a petition for this paving now. Mr. Gravley stated that traffic is going too fast on that gravel road now and if it is paved it will become a race track. He requested that before Jarvis Street is paved that they take care of Ruritan Club Drive first, because from Morganton Road to Jarvis Street, it is in bad condition and dangerous for the children. Also appearing in opposition was Phillip Bohlen, 203 Wintergreen Drive. He stated that he was on a corner lot and would not benefit from this paving. He felt that it would create a dead end street inviting loitering, littering and parties. Appearing in rebuttal was Mrs. Holly Brown, 5421 Jarvis Street. She stated, there are only a couple of houses on the street and the rest of the street has vacant lots. She stated that following annexation, PWC put in sewer lines and the street has deteriorated since then. She stated that water stands in low places causing insects and a health hazard. Mrs. Brown stated that she did not agree with Mr. Gravely that cars speed down the street. She felt that it would benefit everyone greatly to have this street paved. There being none further to be heard on this matter, the public hearing was closed at 8:07 p.m. Mayor Pro-Tem Evans and Councilmember Ross both concurred that every City street should be paved. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF JARVIS STREET FROM RURITAN DRIVE TO DEAD END. RESOLUTION NO. R1991-041. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried 8 to 0. A copy of the foregoing resolution is on file in the Clerk office in Resolutions Book R1991. Councilmember Cheek requested staff check into Mr. Gravley's concerns about the condition of the road and ditch. E. Consideration of a resolution to close Pryer (formerly Maxwell) Street between Haywood Street and Sapona Road. This item was presented by City Engineer Bob Bennett stating that this street closing was requested by a petition signed by all adjoining property owners. Mr. Bennett's recommendation was to close the street and retain an all purpose utility easement. The public hearing was opened at 8:24 p.m. Appearing in favor of the closing was Edward L. Wallace, Route 2, Box 452-G, Fayetteville, North Carolina, property owner on Haywood Street. He stated he would like to see this street closed because it has not been kept up for over 20 years. Also appearing in favor of this street closing was Mr. James Robbins, Route 1, Box 478, Fayetteville. He stated his mother-in-law has lived there for over 21 years and the street has not been maintained. It has grown up and could not be used as a street at this time. He has mowed and maintained his mother-in-law's portion of the street for the past 10 years. There was none appearing in opposition and there being none further to be heard on this matter, the public hearing was closed at 8:25 p.m. Councilmember Cheek referred to the plat showing property owner Robert Horne and asked if he had been notified of this public hearing since his signature was not on the petition. City Engineer Bennett responded that he had notified Mr. Horne by first class mail. At this time Mr. Edward Wallace informed Council that he had purchased this lot from Mr. Horne. RESOLUTION AND ORDER CLOSING A PORTION OF PRYER (FORMERLY MAXWELL) STREET. RESOLUTION NO. R1991-042. Councilmember McBryde introduced the foregoing resolution and moved its Adoption, seconded by Councilmember Bolton and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. F. Consideration of the rezoning from R5 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located at 204 South Broad Street. (Case P91-28) This item was presented by Al Mitchell, Assistant Planning Director, stating that this existing property is being currently used to store automobiles. This is an advertised public hearing and the Planning Board and Planning Staff recommends approval based on the fact that the area is in transition from residential to nonresidential uses. The public hearing was opened at 8:28 p.m. Appearing in favor was George Koonce, 908 Chestnut Street. Mr. Koonce tows cars for the Highway Patrol and Sheriff's Department and needs an additional lot on which to transfer cars from his lot on Person Street. Therefore, he needs to get this lot rezoned. There was none to speak in opposition. There being none further to be heard on this matter, the public hearing was closed at 8:31 p.m. Councilmember McBryde made note that there was no one to appear in opposition. Councilmember Cheek stated she feels that most of the residents in this area are renters and would not have received notice of this public hearing. She stated she feels this is a residential area and rezoning would open it up to other commercial businesses. Mayor Pro-Tem Evans moved to approve the rezoning as requested, seconded by Councilmember McBryde and carried 5 to 3 with Councilmembers Kendrick, Cheek and Ross voting against. This will constitute a second reading since the motion did receive 2/3 of the vote. G. Consideration of placement of stop signs on Marlborough Drive. This item was presented by City Manager John Smith stating that Council had adopted an ordinance removing multistops from Marlborough Road in January. He referred to the 60-day evaluation of traffic operations at that location submitted in the packet. No action was recommended. The public hearing was opened at 8:35 p.m. and appearing in favor for the placement of the stop signs on Marlborough Drive was Mr. Harry C. Morley, Sr., 1436 Marlborough Road. He stated that he spends a lot of time on his porch and has observed the heavy traffic speeding on this road and the danger to the small children in the area. He stated he felt that the opening of Purdue Street has not helped to cut down on the traffic on Marlborough. He concluded by requesting Council to consider replacing the stop signs--one on the corner of Hermitage and Marlborough and the one on the corner at Skycrest to be three-way stops. Also appearing in favor was Michael Wiltse, 1405 Marlborough Road. He concurred with Mr. Morley and added that the speed limit is 25 miles an hour but traffic travels at least 35 miles an hour. He requested the stop signs be replaced. There being none further to be heard on this matter the public hearing was closed at 8:44 p.m. Councilmember Pillow asked if there was a policy regarding installing stop signs requiring at least 51 percent of property owners signing a petition. Mr. Smith responded that this policy was for speed limit changes rather than stop signs. Councilmember Cheek stated it appears to her that the stop signs are being used as speed control devices rather than traffic control. She suggested that we have the Police Department enforce the speed limit if that is the problem. Mr. Smith responded that this has been done but we cannot man this area constantly. Councilmember Kendrick moved to adopt an ordinance installing stop signs at the intersection of Hermitage and Marlborough and Skycrest and Marlborough, and have flashing lights and right-of-way designation signs installed. The motion was seconded by Mayor Pro-Tem Evans and carried 6 to 2 with Councilmembers Ross and Cheek voting against. The ordinance title is as follows: AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 6-STOP INTERSECTIONS). ORDINANCE NO. NS1991-026. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. 4. PWC Matters A. Consideration of bid awards to low bidders meeting specifications for purchase of overhead and padmount transformers. This item was presented by City Manager John Smith in PWC Manager Tim Wood's absence. He stated the common practice in buying transformers is that as part of the specifications, the contractor has to provide the estimated line loss and that is figured into the bid. That is how they arrive at the lowest responsible bidder. The recommended low evaluated bids are as follows: National Transformer Sales: Unit Price 60 15KVA CSp Overhead Transformers $453.00 125 25KVA CSp Overhead Transformers $520.00 5 50KVA Conventional Overhead Transformers $780.00 50 50KVA Padmounted Transformers $1,113.00 Westinghouse Electric Supply: 50 100KVA Padmount Transformers $1,492.00 1 750KVA Padmount Transformers $9,544.00 A copy of bids received is attached to and made of part of these minutes. Councilmember Bolton moved to approve the low bidders meeting specifications as recommended, seconded by Mayor Pro-Tem Evans and carried 8 to 0. 9. Consideration of bid award to R.C. Construction and Watson Electric, low bidders, for around Storage/RePump Facility and Booster Service Area Improvements. This item was presented by City Manager John Smith in the absence of PWC Manager Tim Wood with a recommendation to award to the low bidders of R.C. Construction in the amount of $2,744,105 and Watson Electric in the amount of $97,137. Bids received were as follows: General Construction *R.C. Construction $2,744,105.00 Crain & Denbo $2,877,300.00 Crowder Construction $2,888,000.00 Christopher Construction Co. $2,893,000.00 Republic Contracting $2,919,000.00 T.A. Loving $2,923,800.00 Haren Construction $2,947,000.00 Dellinger, Inc. $2,951,400.00 Hall Contracting, Inc. $2,976,000.00 Electric Construction *Watson Construction $97,137.00 Bobby Townsend Electric Co. $99,600.00 Barnes & Powell Electric $131,000.00 Councilmember Bolton moved to follow the recommendation to award the contracts for General Construction to R.C. Construction and the Electric Construction to Watson Electric. Motion was seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. C. Consideration of bid award to Koppers Industries, Inc., low bidder, for purchase of 127 varying sizes and classes of utility poles. This item was presented City Manager John Smith in the absence of PWC Manager Tim Wood with recommendation to award to the low bidder of Koppers Industries in the amount of $92,406.10. Bids received were as follows: *Koppers Industries, Inc. $ 92,406.10 North Pacific $108,315.00 Thomasson Lumber $115,184.65 Councilmember Bolton moved to approve the low bid award as recommended, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. D. Consideration of bid award to Elite Electric, low bidder meeting specifications, for purchase of 300 Horizontal Line Post Insulators 115/69kV. This item was presented by City Manager John Smith in the absence of PWC Manager Tim Wood with the recommendation for approval of bid award in the amount of $56,000 to Elite Electrical, low bidder meeting specification. Bids received were as follows: Hesco, Inc. $51,000.00 *Elite Electric $56,000.00 Mill-Power $57,300.00 Rigby Electric $57,300.00 Scott-Parish $59,280.00 Westinghouse $59,535.00 Tennessee Valley $63,375.00 Eastern Electric $66,000.00 *Councilmember Bolton moved to award the contract to Elite Electric, lowest bidder meeting specifications as recommended, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. E. Consideration of authorization for Mayor and City Clerk to execute easement agreement between EXXON Corporation and City of Fayetteville, for relocation of electric lines and utility poles at the McPherson Church Road/Morganton Road. This item was presented by City Manager John Smith in the absence of PWC Manager Tim Wood with a recommendation for approval. Councilmember Bolton moved to authorize the Mayor and City Clerk to execute the easement agreement as recommended, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. 5. Consideration of the following amendments to Chapter 20, "Motor Vehicles and Traffic" of the City of Fayetteville Code of Ordinances. A. Traffic Schedule Number 7 - One Way Streets This item was presented by City Manager John Smith referring to the memo in the agenda packet from Traffic Services Engineer Louis Chalmers concerning complaints received from area residents because of traffic traveling the wrong way on a divided road. The recommendation is to adopt the traffic ordinances. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC. ORDINANCE NO. NS1991-027. Councilmember Cheek introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0. B. Traffic Schedule Number 17 - Restricted Parking This item was presented by City Manager John Smith and came as a result of the E.E. Smith High School requesting assistance with prohibited student parking in front of the school on Seabrook Road. The recommendation is adoption of the Traffic Ordinances. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 17-RESTRICTED PARKING, SEABROOK ROAD). ORDINANCE NO. NS1991-028. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously 8 to 0. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinance Book NS1991. 6. Consideration of offer by First Baptist Church to purchase the Anderson Street Library Site. This item was presented by City Manager John Smith with a recommendation to advertise for upset bids upon receipt of necessary cash deposit; to make sure we have adequate rights-of-way, and that we get the property line separating that property and the parking lot established. The offer by the church is in the amount of $85,000. Councilmember McBryde moved to authorize the City Manager to advertise for upset bids as recommended, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. 7. Consideration of ordinance amending Chapter 20, Article 2, "City Registration of Vehicles." This item was presented in the packet by City Manager John Smith with a recommendation to adopt the ordinance needed in order for license fees to be collected by the County as part of the tax bill. The next step will be the adoption of an interlocal agreement. AN ORDINANCE AMENDING CHAPTER 20, ARTICLE II, "CITY MOTOR VEHICLE LICENSE TAX." ORDINANCE NO. S1991-008. Councilmember Cheek introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1991. 8. Consideration of resolution stating the intent of Fayetteville City Council to annex property owned by the City which is not contiguous to the existing primary corporate limits: This item was presented by Assistant City Manager Roger Stancil stating that this is the beginning of a short process to annex property that is City-owned and it is basically increasing the area that has already been into the City as a satellite annexation. He stated that the key to both of these annexations is that this is a point of delivery and a source of revenue to the City. A. PWC Point of Delivery ƒ2 (Eastern side of S.R.1723) (Expansion of existing Point of Delivery) 1. Tract A 2. Tract B RESOLUTION STATING THE INTENT OF THE FAYETTEVILLE CITY COUNCIL TO ANNEX PROPERTY OWNED BY THE CITY WHICH IS NOT CONTIGUOUS TO THE EXISTING PRIMARY CORPORATE LIMITS (PWC POINT OF DELIVERY NO 2-TRACT A). RESOLUTION NO. 1991-043. RESOLUTION STATING THE INTENT OF THE FAYETTEVILLE CITY COUNCIL TO ANNEX PROPERTY OWNED BY THE CITY WHICH IS NOT CONTIGUOUS TO THE EXISTING PRIMARY CORPORATE LIMITS (PWC POINT OF DELIVERY NO. 2-TRACT B). RESOLUTION NO. R1991-044. Mayor Pro-Tem Evans introduced the foregoing resolutions and moved their adoption, seconded by Councilmember Pillow and carried unanimously 8 to 0. B. PWC Point of Delivery ƒ3 (North of Cliffdale Road, along A & R Railroad) RESOLUTION STATING THE INTENT OF THE FAYETTEVILLE CITY COUNCIL TO ANNEX PROPERTY OWNED BY THE CITY WHICH IS NOT CONTIGUOUS TO THE EXISTING PRIMARY CORPORATE LIMITS (PWC POINT OF DELIVERY No. 3) RESOLUTION NO. R1991-045. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1991. 9. Consideration of an ordinance amending Section 14-5 of the Fayetteville City Code. This item was Presented by City Manager John Smith stating that this offense (removal of roll out carts from curb) is currently a criminal misdemeanor and must be prosecuted in that manner. They are recommending to make this a civil offense and simply allow issuance of a citation and he feels this would be a much more effective way of dealing with the situation. The enforcement of this could be done by the Inspection Department or the route supervisors from the Sanitation Department. Councilmember Kendrick requested that the Sanitation route supervisors do the enforcing. AN ORDINANCE AMENDING SECTION 14-5, "PICKUP OF ROLL OUT CONTAINERS BY CITY." ORDINANCE NO. S1991-009. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Cheek and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1991. 10. Consideration of an ordinance amending Section 4-22, "Composition, Terms of Members" of Article II, Airport Commission of the Code of Ordinances of the City of Fayetteville. Mayor Dawkins recognized Beth Finch to speak on this matter from a written request that had been submitted. Mrs. Finch stated that she was speaking as a citizen and not representing the Airport Commission, which she has served 2 1/2 terms on. She stated that the Commission has always been represented by all the people and no one particular group. She strongly requested that Council let the membership remain as it is mow because of conflict of interest possibility. Councilmember Cheek stated that we have other Boards and Commissions with special expertise and she feels that the Airport Commission would also benefit from this. Councilmember Bolton stated he feels that progress calls for a change and the Airport Commission would benefit from this input. Councilmember Pillow stated he feels that the size of the Commission is adequate at this time and should not contain specialized members. He stated that this Commission does business for the City and is not a social Commission as some of the others that contain categories for members. Councilmember Torrey stated he feels that the commissions should grow with progress but disagrees that we should have categories that would prevent all citizens from having the chance at being a member. Councilmember Ross agreed with Councilmember Torrey and stated she would like to see a Native American on some of our prestigious commissions. Councilmember Pillow responded to Councilmembers Torrey and Ross by stating that Council can now appoint minorities and Native Americans to any of our Boards and Commissions if they can serve. Mayor Pro-Tem Evans moved to deny the request to adopt the ordinance enlarging the Airport Commission and assigning a category. The motion was seconded by Councilmember Pillow and the vote was tied 4 to 4 with Councilmembers Cheek, Ross, McBryde and Bolton voting in opposition. Mayor Dawkins voted in opposition which defeated the motion. Councilmember Bolton then moved to postpone the decision to May 27, meeting when Councilmember Robertson could be present for discussion. The motion was seconded by Councilmember McBryde and carried 6 to 2 with Councilmembers Pillow and Evans voting against. 11. Presentation of the Recommended Budget for Fiscal Year 1991-92. City Manager John Smith presented the current revenue projections for the coming fiscal year. In most cases there was not very much change. The Airport budget is not included, because it is still being considered by the Budget Committee and the Public Works Commission budget has not been received. Mr. Smith stated he would be preparing some alternative budgets based on the several million dollars revenue loss of our taxes collected that the state is considering withholding. Since this information could be as late as July, Council could adopt the budget prior to July 1 to include those revenues and set the tax rate. If we learn we have had 4.6 million dollars loss in revenue, then Council's only choice would be to amend the budget by that amount, but the tax rate cannot be changed. The other option is to not adopt the budget prior to July 1, but adopt what amounts to an interim budget continuing resolution, and then adopt a budget after the general assembly adjourns. Mr. Smith continued that they are not recommending any change in property tax rate. They are recommending a budget with full funding of HB2377 reimbursements, the fund balance appropriation has been kept to at less than a million dollars and we are dealing with the revenue growth of about 2 percent in the general fund over our current revenues. Mr. Smith reviewed the budget highlights with brief discussion of expenditures such as landfill fees, commercial waste disposal, and possible 3 percent reduction of work force. Mr. Smith then briefly reviewed the revenues such as surpluses and parking facilities fund (lease spaces) and the Central Business District Tax Fund. He recommended consideration of transferring these surplus funds into a capital fund to build future demolition expense and parking facility construction funds. The budget workshops for Council will be set at the next regular Council meeting. 12. Appointments A. Nominations to fill one vacancy on the Board of Adjustment. Councilmember Bolton moved to elect Linwood Haith, by acclamation, seconded by Councilmember Cheek and carried unanimously. This election was to fill the term of Mrs. Helen Adams, alternate member, to a term ending July 31, 1991. Mr. Haith's address is 1819 Seabrook Road, Fayetteville, NC 28301. B. Nominations to fill three vacancies on the Board of Appeals. At the last meeting David Nichols, 3540 Farmbrook Road, Fayetteville, NC 28303 was nominated by Councilmember Bolton to fill the vacancy of Brenda Burriss. Mrs. Joyce Malone was nominated to serve a second term by Councilmember Evans. The terms will be to May 31, 1994. Nominations are still open to fill the vacancy of Edward Bryant to May 1994. Councilmember Cheek moved to elect David Nichols and Joyce Malone by acclamation, seconded by Councilmember Pillow and carried unanimously 8 to 0. Nominations are still open to fill the vacancy of Mr. Bryant. 13. Administrative Reports A. Report on City privilege license taxes. This report was submitted in the agenda packet and Mr. Smith stated they will return with some minor changes later. 14. Consideration of Litigation on Cary/Apprex Interbasis Transfer case. This item was presented by City Attorney Bob Cogswell recommending that we not appeal this case because we would be better served if this is not pursued at this time. Councilmember Cheek moved that we not appeal the decision at this time, seconded by Councilmember Torrey and carried 7 to 1 with Councilmember Bolton voting against. There being no further business, the meeting was adjourned at 10:07 p.m. upon motion and second. Approved June 17, 1991 BIDS RECEIVED (PWC) 60 15KVA CSP Overhead Transformer National Transformer Sales $453 Westinghouse Electric Supply Company 525 Rigby Electric Supply 524 Hesco, Inc. 498 Eastern Electric Supply Company 475 Tennessee Valley Electric Supply 525 125 25KVA CSP Overhead Transformer National Transformer Sales *$520 Westinghouse Electric Supply Company 655 Rigby Electric Supply 734 Hesco, Inc. 597 Eastern Electric Supply Company 618 Tennessee Valley Electric Supply 645 5 50KVA Conventional Overhead Transformer National Transformer Sales *$780 Westinghouse Electric Supply Company 899 Rigby Electric Supply 1,100 Hesco, Inc. 957 Eastern Electric Supply Company 880 Tennessee Valley Electric Supply 821 50 50KVA Padmounted Transformer National Transformer Sales *$1,113 Westinghouse Electric Supply Company 1,201 Rigby Electric Supply 1,400 Hesco, Inc. 1,182 Eastern Electric Supply Company 1,082 Tennessee Valley Electric Supply 1,187 50 100KVA Padmounted Transformer National Transformer Sales *$1,482 Westinghouse Electric Supply Company 1,492 Rigby Electric Supply 2,045 Hesco, Inc. 1,933 Eastern Electric Supply Company 1,527 Tennessee Valley Electric Supply 1,797 1 750KVA Padmounted Transformer National Transformer Sales NQ Westinghouse Electric Supply Company *$9,544 Rigby Electric Supply 12,425 Hesco, Inc. 10,342 Eastern Electric Supply Company 10,510 Tennessee Valley Electric Supply NQ Power and Electric 10,862 May 20, 1991 INFORMATION MEETING TUESDAY, MAY 28, 1991 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER 433 HAY STREET TUESDAY, MAY 28, 1991 7:00 P.M Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (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, Assistant City Manager for Operations John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jason Brady, Public Information Officer Robert M. Bennett, City Engineer Louis A. Chalmers, City Traffic Engineer David M. Nash, Annexation Studies Coordinator Members of the Press INVOCATION Mayor Dawkins called the information meeting to order and Councilmember Torrey offered the Invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins welcomed Zack Walke, Councilmember Cheek's son from Quantico. 1. Approval of Agenda Councilmember Kendrick moved to approve the agenda, seconded by Councilmember McBryde and carried unanimously. 2. Public Hearings Mayor Dawkins requested that those speaking at the public hearing abide by the 3 minute time limit. A. Public hearing for public input on proposed redistricting plans. The public hearing was opened and the Mayor recognized John Keefe, 5833 Woodhaven Circle. Mr. Keefe stated he is opposed to Council increasing the single-member district. He offered a proposal to ensure minority representation of all ethnic groups by having three categories of voters in the next primary. This would consist of three seats for blacks that would allow a black candidate from any precinct to run, one seat for minorities and six seats for the major majority. Ms. Buelah Wallace, 932 Fleetwood Drive, was recognized stating that she is in favor of single district representation because of the knowledge and availability to the people in each district. Clinton Harris, Coordinator for the Fayetteville/Cumberland County Citizens Association, residence of 4713 Watauga Road, stated that the nine single-member districts with zero at large seats is fair to the black population and fair to the white population. It provides for three white precincts with 22 percent or more blacks, like it provides for three black precincts with 22 percent or more whites. He stated that under this plan both blacks and whites would have a reasonable chance in determining who would be elected from their District. He stated that the FCCCA supports the nine single-member district with no at-large seats planned. He submitted a copy of his complete statement to Council. James W. Florence, 1879 Gola Drive, stated he is in favor of the single-member district based on percentages that have been presented to Council and the plans that have been studied. Mr. Ted Kinney, 106 Chloe Drive, stated he was in favor of the single-member district because it would prevent citizens fighting against municipalities and leave that valuable time to take care of serious problems that we have in the City. Odis Devane, 3122 Wedgewood Drive, stated he is not in favor of the nine-member single district. He stated that he felt each district should work for all people and not just for one district. There being none further to speak on this matter, the public hearing was closed. 3. Consideration of an ordinance amending Section 4-22, "Composition, Terms of Members" of Article II, Airport Commission of the Code of Ordinances of the City of Fayetteville. (continued from May 20, 1991) This item was presented by City Attorney Bob Cogswell. AN ORDINANCE AMENDING SECTION 4-22, "COMPOSITION, TERMS OF MEMBERS" OF ARTICLE II, AIRPORT COMMISSION OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1991-010. Councilmember Cheek moved to adopted the ordinance to expand the Airport Commission by two seats as indicated plus the nonvoting seat for a total of three. The motion was seconded by Councilmember McBryde. Councilmember Pillow stated he still feels that the Airport Commission should remain as is and it is not fair to allow someone outside the City to serve. He feels that eight members would be too many and Council should not specialize who is going to serve. Councilmember McBryde responded that other boards have ex-officio members that don't live within the City such as Human Services with Pope Air Force Base and Fort Bragg represented. He stated that he feels since it is a regional airport, the ex-officio member would not have to live inside the City limits. Following discussion, Mayor called for the vote on adopting the ordinance, increasing the membership of the Airport Commission. The motion failed 4 to 5 with Councilmembers Evans, Kendrick, Torrey, Pillow, and Ross voting against. Councilmember Kendrick then moved to delete subparagraph (a) of the ordinance adding the categories and consider subparagraph (b) adding a non-ex-officio member, with the current provision being redesignated as subparagraph (a). The motion was seconded by Mayor Pro-Tem Evans and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book S1991. Mayor Pro-Tem Evans moved to refer to the Policy Committee the consideration of staggering terms of the Airport Commission. Motion was seconded by Councilmember Robertson and carried 7 to 2 with Councilmembers Cheek and Ross voting against. 4. Consideration of a resolution to the Legislative Delegation regarding tax increases. City Manager John Smith presented this its stating that the North Carolina League of Municipalities requested that Council adopt the resolution and have all Councilmembers sign the document so it can be presented to not only our legislative delegation but the entire general assembly. Mr. Smith stated that the resolution says that we seek authorization for additional sales tax levy to replace current reimbursements for repealed local taxes and seek legislation to repeal House Bill 2377, which is the bill that put our revenues in the state budget last year. A RESOLUTION SUPPORTING TAX INCREASES BY 1991 GENERAL ASSEMBLY. RESOLUTION NO. R1991-046. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Mayor Pro-Tem Evans and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. 5. Update of Sycamore Dairy Road extension project. City Manager John Smith reviewed the background concerning this item. This is a road running from Westwood Shopping Center coming out next to Chi Chi's on McPherson Church Road and connecting with the existing Sycamore Dairy Road. This was a project approved by Council as a joint public/private project. The land owner was going to construct a three-lane road as this area developed. Staff recommended this be a thoroughfare to consist of five lanes and Council approved the concept with the City paying for two lanes and the developer paying for three lanes. The City was to purchase the right-of-way at the intersections. Mr. Smith stated that Phase 1 has been constructed. The five-lane right-of-way cost for both sites is $252,825. The purchase of this was set aside in the right-of-way protection funds under the City's bond funds. Staff has recommended a five-lane section here. This is just an update and action is not required at this meeting. The right-of-way purchase in the McPherson Church Road intersection is yet to be approved. Councilmember Pillow questioned the need for five lanes and suggested the four lanes would eliminate the high cost of land acquisitions. Councilmember Kendrick stated we have not been in the practice of building roads for subdivisions, we usually let the developer do it and then we accept the streets. Mr. Kendrick stated he felt we would be spending far too much money for just land acquisitions alone, without considering the cost of the building of the roads. He stated he feels this would be too costly and still not be a solution to the problem in that area. He stated that with our budget situation and with the desperate needs that we have in our City at this time that we continue to overlook, we should not go into a new venture at this time. Councilmember Cheek requested that a presentation of the entire traffic pattern of that area be presented to Council before a decision is made. She stated she feels that the traffic problem in that area affects anyone who drives a car and not just the owner of the land. She also requested that the presentation information reflect the cost of each option of this project. Councilmember Kendrick also requested the signalization timing system information. At this time, Councilmember Bolton requested to be excused from the June 3 meeting due to being out of town. Councilmember Cheek moved to excuse Mr. Bolton as requested, seconded by Councilmember Pillow and carried unanimously. Councilmember Cheek stated that Council had asked for staff to give some background work on the strategic planning that Council has been involved in, before going to the next phase. Mr. Smith responded that he would try to have an update on this at the first budget workshop. Council set the beginning of the budget workshop for June 6, 1991, at 7:00 p.m. in the Multipurpose Room on the first floor with a continuation to June 10 at 7:00 p.m. in the Multipurpose Room. There being no further business, the meeting was adjourned at 8:12 p.m. upon motion and second. Approved July 1, 1991 REGULAR MEETING MONDAY, JUNE 3, 1991 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, JUNE 3, 1991 7:00 P.M Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Ida Ross (District 2); Joseph Pillow (District 3), Thelbert Torrey (District 4); Suzan Cheek (District 5), and Mark Kendrick (District 6) Absent: Tommy Bolton (District 1) - excused Others Present: John P. Smith, City Manager Roger Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Administrative Assistant to the City Manager Bob Bennett, City Engineer David Nash, Annexation Studies Coordinator Tim Wood, PWC Manager Al Mitchell, Assistant City/County Planning Board Director Albert E. Wagoner, Citizen Members of the Press INVOCATION Mayor Dawkins called the meeting to order and welcomed everyone to the first meeting in June. He called on Councilmember Ida Ross to offer the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. 1. Approval of Agenda Councilmember Kendrick moved to approve the agenda, seconded by Councilmember Pillow and carried unanimously by voice vote 8 to 0. Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. There being none, Councilmember McBryde moved to approve the consent agenda. After a second from Councilmember Pillow, the consent agenda and following items were unanimously approved: 2. Consent A. Approval of tax refunds. 1. Tax refund in the amount of $6.44 to Charles W. Bagley - 1973 Dodge listed as a 1975 in error. 2. Tax refund in the amount of $38.56 to Michael A. Cruz - Dodge truck listed to owner in error. 3. Tax refund in the amount of $58.27 to Marc Allen Gerard - illegal tax: military non-resident. 4. Tax refund in the amount of $198.66 to Heilig-Meyers Company ƒ100 - adjustment on interior percent and corrected building size. 5. Tax refund in the amount of $22.14 to Darrell Bedingfield - illegal tax: military non-resident. 6. Tax refund in the amount of $132.09 to Margaret D. Natusch - illegal tax: military non-resident. 7. Tax refund in the amount of $37.82 to Roberta Rybka - 1986 Toyota charged on bill World Omni Leasing. 8. Tax refund in the amount of $26.94 to Bonnie W. Smith - computer equipment value picked up twice in error. 9. Tax refund in the amount of $80.50 to Coreather B. Thames - 1986 BMW registered in Arizona. 10. Tax refund in the amount of $152.44 to Willie J. Thomas - taxpayer listed a 1980 Toyota and a 1983 Datsun not owned. 11. Tax refund in the amount of $181.74 to Mattie Turner - residence charged with too much square footage. 12. Tax refund in the amount of $5.33 to Alvin L. Wells - 1986 Saab was timely listed in Wake County. 13. Tax refund in the amount of $113.20 to Eugene Wood - 1989 Toyota charged to World Onni Leasing. B. Approval of Capital Project Closeouts 91-16 and 91-17. CPOCO Total Total Number Description Revenues Expenditures Balance 91-16 ESGP $49,052 $49,052 $ -0- 91-17 Taxi stand $ 3,140 3,140 -0- $52,192 $52,192 $ -0- C. Approval of Operating Agreement for Service Space. This agreement is with the Cumberland County Area Mental Health, Developmental Disabilities, and Substance Abuse Authority and shall commence on the 1st day of July, 1991, and continue through June 30, 1992, being subject to conditions. The fee for the use of the premises located at 121 Lamon Street is $3,733.13 on the 10th of each month not to exceed $44,800. Adoption of ordinance amending Section 20-156 of the Code of Ordinances of the City of Fayetteville. This ordinance deletes the City Clerk as Secretary to the Wrecker Review Board. AN ORDINANCE AMENDING SECTION 20-156 (WRECKER REVIEW BOARD). ORDINANCE NO. S1991-011. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1991. E. Adoption of an ordinance amending various sections of the City Code changing the address of City Hall. AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY CODE, CHANGING THE ADDRESS OF CITY HALL. ORDINANCE NO. S1991-012. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1991. 3. Public hearings: The Mayor read the policies for the time limit on public hearings and non-public hearings. A. 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 104 Willborough Avenue. (P91-31) This item was presented by Al Mitchell, stating that the Planning Board has recommended denial of the C1 Local Business District and approval of the C1A-Area Commercial District for this property. The Council set the public hearing on this case. Mayor Pro-Tem Evans asked Mr. Mitchell what staff had recommended. Mr. Mitchell responded that staff recommended denial of the requested rezoning to C1 Local Business District and to leave it as P2 Professional District. Councilmember Cheek referred to the information in the packet showing a motion made by Ms. Vick to follow the staff recommendation which was not voted an followed by a different motion made by Mr. Maxwell. She requested that Mr. Mitchell notify the Planning Department to follow through on the motions in the future. Mr. Mitchell responded this was probably a substitute motion by Mr. Maxwell and he would notify Mr. Vaughan of her instructions because Mr. Vaughan handled the minutes after the meetings. The public hearing was opened at 7:15 p.m. and Mr. J.T. Squires, 2708 Skye Drive, property owner on Wilborough was recognized speaking in favor. Mr. Squires stated he had family living all around that area and would not put anything detrimental there. He stated he had spoken with several of the area residents and no one had an objection to the rezoning. There being none further to be heard on this matter, the public hearing was closed at 7:15 p.m. Councilmember Kendrick moved to follow the Planning staff recommendation to deny the rezoning, seconded by Councilmember Cheek. Councilmember McBryde stated he feels that if the residents in the neighborhood did not appear at the Planning Department or the City Council in objection, then Council should not object to the rezoning. Mayor Dawkins called for a vote following discussion, and the motion carried 5 to 3 with Councilmembers McBryde, Torrey and Ross voting against. B. Consideration of am ordinance to extend the corporate limits of the City of Fayetteville, N.C. (annexation of property owned by the City which is not contiguous to the existing primary corporate limits). 1. PWC Point of Delivery #2 (Eastern aide of S.R. 1723) a. Tract A - Additional land acquired to the south of existing point of Delivery #2. b. Tract B - Additional land acquired to the north of existing Point of Delivery #2. Assistant City Manager for Operations Roger Stancil presented these Annexation Reports and recommended adoption of the Annexation Ordinances for the PWC property, to be effective today. Councilmember Torrey inquired as to the distance from the City Limit Line these properties are located. Annexation Studies Coordinator David Nash responded that it was less than a mile. The public hearing was opened at 7:20 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, NORTH CAROLINA (ANNEXATION OF NON-CONTIGUOUS PROPERTY OWNED BY THE CITY) (PWC POINT OF DELIVERY #2-TRACT A). ANNEXATION ORDINANCE NO. 91-06-344. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (ANNEXATION OF NON-CONTIGUOUS PROPERTY OwNED BY THE CITY) (PWC POINT OF DELIVERY 12-TRACT B). ANNEXATION ORDINANCE NO. 91-06-345. Mayor Pro-Tem Evans introduced the foregoing ordinances and moved their adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0. Copies of the foregoing ordinances are on file in the Clerk's office in Annexation Ordinance Book 1991. 2. PWC Point of Delivery #3 (North of Cliffdale Road, along A&R Railroad) Assistant City Manager for Operations Roger Stancil presented this Annexation Report with a recommendation that the ordinance be adopted effective today. The public hearing was opened at 7:21 p.m. and there being none to be heard in favor or opposition to this annexation, the public hearing was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (ANNEXATION OF NON-CONTIGUOUS PROPERTY OWNED BY THE CITY) (PWC POINT OF DELIVERY #3). ANNEXATION ORDINANCE NO. 91-06-346. Councilmember Cheek introduced the foregoing ordinance and moved its adoption, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1991. C. Consideration of a resolution for paving Coronada Parkway, pursuant to petition, from Owen Drive to Eldorado Road. This item was presented by City Engineer Bob Bennett stating that there was a request by petition from a majority of the property owners abutting footage to pave Coronada Parkway. This is an advertised public hearing and all property owners have been notified of this public hearing. The public hearing was opened at 7:22 p.m. and there being none to be heard in favor or opposition, this public hearing was closed. RESOLUTION DIRECTING THAT THE PROJECT BE UNDERTAKEN (PAVING CORONADA PARKWAY). RESOLUTION NO. R1991-047. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. 4. Planning Board Matters: A. Consideration of the rezoning from R5 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located at 204 South Broad Street. (Second reading) This item was placed on the agenda for a second reading. Mayor Pro-Tem Evans stated that the Planning Board voted unanimously to approve this and the Planning staff has recommended it, therefore, she moved to approve the rezoning as requested, seconded by Councilmember McBryde. Councilmember Cheek stated this is a residential neighborhood with quite a few people living there and she does not feel that M2 zoning would be appropriate for a residential area. Councilmember Kendrick stated that this automobile storage company has been operating as a zoning violation and he does not feel we should rezone it to make him in compliance. This would also be a very heavy industrial district abutting residential area. Following discussion, Mayor Dawkins called for a vote on the notion to approve the rezoning and the motion carried 5 to 3 with Councilmembers Ross, Kendrick and Cheek voting against. 5. PWC Matters: A. Consideration of bid award for purchase of two (2) 67 to 25/15Kv Power Transformers to Hevi-Duty Electric, low bidder. This item was presented by PWC Manager Tim Wood recommending the award to the low bidder of Hevi-Duty Electric in the amount of $755,488. Bids received were as follows: *Hevi-Duty Electric $755,488.00 MagneTek 899,692.00 Rigby Electric 955,600.00 Tennessee Valley 1,092,500.00 Councilmember McBryde moved to award to the low bidder as recommended, seconded by Councilmember Pillow and carried unanimously 8 to 0. B. Consideration of bid awards for construction of PWC Consolidated Warehouse facility to low bidders. This item was presented by PWC Manager Tim Wood recommending the low bidders for the construction as follows: General-Player, Inc. $1,194,650.00 Plumbing-Town & Country Plumbing 65,000.00 Mechanical-J.J. Barnes, Inc. 46,440.00 Electrical-P.R. Faulk Electrical Corp. 46,378.00 A copy of the bid tabulation is attached to and made a part of these minutes. Councilmember Kendrick moved to award the bids for the construction of PWC Consolidated Warehouse facility to low bidders as recommended, seconded by Councilmember McBryde and carried unanimously 8 to 0. 6. Request to appear before City Council by Albert E. Wagoner. Mr. Wagoner appeared before Council with a request for the City to assist in the control of traffic on Ireland Drive. He stated that hazardous waste is being transported on Ireland Drive with sirens blowing through residential neighborhood. Eighteen-wheel tractor trailers and other large trucks and equipment are driving up and down Ireland Drive. Also passenger cars and small trucks with extremely loud stereos travel on Ireland Drive at all times of the day and night with stereos on full blast. He did discover that this is a state road but hopes Council can help in some way. Mayor Pro-Tem Evans requested that staff check into these requests to see if anything can be done. Mayor Dawkins thanked Mr. Wagoner for his concern and stated we hope to get a report to him as soon as possible. 7. Consideration of resurfacing various streets: A. Consideration of adoption of Capital Project Ordinance 91-6. This item was presented by City Manager John Smith stating that this Capital Project Ordinance transfers funds out of the Annual Operating Budget into a Project Ordinance. These are funds that have been budgeted and this step is necessary so they will be there after July 1. The amount is $500,000. Councilmember Robertson moved to adopt the Capital Project Ordinance as requested, seconded by Councilmember Kendrick and carried unanimously 8 to 0. B. Consideration of bids for resurfacing various streets. This item was presented by City Manager John Smith with a recommendation that the contract be awarded to the low bidder of Crowell Constructors, Inc., based on the unit contract prices quoted in its bid for City Engineering Project Number 09-396-90. Bids received were as follows: *Crowell Constructors, Inc. $369,295.15 Barnhiil Contracting Company, Inc. 409,774.70 McDonald Grading Company 458,195.25 Mayor Pro-Tem Evans moved to follow the recommendations, seconded by Councilmember Torrey. Councilmember Pillow asked why the total list of streets including the added streets by Council were not included in the bid process. City Engineer Bob Bennett responded by referring to the bid tabulation. He stated that the City's estimate totals out at $486,705. He stated that if they had added another street to the list past Ashborough it would have gone over the 500,000. He stated that the bidders had agreed to add the other streets at the same unit price in order to get the resurfacing done so he feels that our estimate did do what Mr. Pillow felt should have been done. Councilmember Robertson asked if any of the bidders on this project were the company that had done unsatisfactory work behind Arby's. Mr. Bennett responded that they were not. Councilmember Cheek asked if we had a guarantee that they would not subcontract out to others. Mr. Bennett responded that the City's provisions allow them to subcontract. However, Crowell Constructors had indicated to him they do not plan to do this. The City does have the right to approve subcontract. Following the discussion, Mayor Dawkins called for a vote and the motion carried unanimously 8 to 0. 8. Consideration of extending the term of contract with Brown-Loving Company for purchase of Adams Court Site. This item was presented by City Manager John Smith stating that the Brown-Loving Company has requested an extension to December 30, 1991, because they are still waiting to hear from their application for funding. Councilmember McBryde moved to extend the contract as requested, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 9. Consideration of a resolution directing the City Clerk to investigate the sufficiency of a petition for annexation received under G.S. 160A-31. (Country Club North, Section 6, Part A, Phase 2) This item was presented by Assistant City Manager for Operations Roger Stancil with a recommendation to adopt the resolution. RESOLUTION DIRECTING THE CLERK TO INVESTIGATION A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1991-048. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried 6 to 2 with Councilmembers Torrey and Ross voting against. 10. Appointments: A. Nominations to fill one vacancy on Board of Appeals. There were no nominations to fill the vacancy of Edward Bryant. B. Nominations to fill four vacancies on the Airport Commission. The nominations made for the vacancies of Beth Finch, Monroe Evans, and Thornton Rose were as follows: Robert S. Wilson, nominated by Councilmember Kendrick; Rajan Shandasani, nominated by Councilmember Pillow; Melinda Craven, nominated by Councilmember Cheek; Lewis Jourden, nominated by Councilmember Pillow; Graham Creech, nominated by Councilmember Robertson; Delores Vazquez, nominated by Councilmember Robertson; Ann Mitchell Sternlicht, nominated by Mayor Pro-Tem Evans; and Raymond (Buddy) Bass, nominated by Councilmember Kendrick. Albert McCauley was nominated by Mayor Pro-Tem Evans for the NCDOT representative category. C. Nominations to fill one vacancy on Joint Planning Board. Councilmember Pillow nominated Ernest J. Morine for the vacancy of Theodore Kinney. D. Nominations to fill one vacancy on Public Works Commission. Councilmember Ross nominated William H. Owen, III, for a second four-year term. There are no restrictions on the number of terms. E. Nominations to fill one vacancy on PWC Retirement Board. Mayor Pro-Tem Evans nominated Tommy M. McCoy to serve a second five-year term in the category of a Commission member. 11. Administrative Reports: A. Statement of taxes collected for the month of April, 1991, from the Cumberland County Tax Collector. The statement of taxes collected for the month of April in the amount of $134,087.90 was presented to the Council. B. Assignment of functions of Revitalization Commission. The memo from Richard Herrera, Community Services Director, to John Smith proposed the reassignment responsibilities from the Commission's charter as follows: Functions #1, #2, #5, and #6 have been assigned to, and been accepted by, the Olde Fayetteville Association. Function #3 shall be rewritten to state that, "upon request of the Fayetteville City Council, the Olde Fayetteville Association will review and make recommendations, etc." The functions cited in #4 are already being carried out by the Historic Resources Commission and the Appearance Commission. Function #7 will be assumed to be included in Function #2. At this time Councilmember Cheek referred to the City/County Liaison Minutes of the last meeting. She stated that the County-wide Water/sewer Planning Committee has requested to have input in the formulation of the priorities for the county-wide water Sewer Plan. Ms. Cheek asked what the status was of the appointment of those Committee members. Mr. Smith responded that there has been one meeting with himself, PWC Manager Tim Wood and County Manager Cliff Strassenburg. He will try to have a report to Council at the information meeting if possible. Councilmember Cheek requested Mr. Smith to check with Mr. Strassenburg concerning the formulation of these priorities since this was in their report. Mayor Dawkins reminded Council of the budget workshop on Thursday night at 7:00 p.m. in the multipurpose room. There being no further business, the meeting was adjourned at 8:00 p.m. upon motion and second. Approved July 1, 1991 BID TABULATION PWC WAREHOUSE FACILITY BID DATE: MAY 21, 1991 Please Note: To view the Bid Tabulations, please see Book X, page 628 of the City of Fayetteville Meeting Minutes. BUDGET SESSION THURSDAY, JUNE 6, 1991 FAYETTEVILLE CITY COUNCIL BUDGET SESSION CITY HALL MULTIPURPOSE ROOM 433 HAY STREET THURSDAY, JUNE 6, 1991 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans, Milo McBryde, Nat Robertson, Ida Ross, Joseph Pillow, Thelbert Torrey, Suzan Cheek, and Mark Kendrick Absent: Councilmember Tommy Bolton Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Mayor Dawkins called the meeting to order and recognized City Manager John Smith for a brief, formal presentation regarding the results of a Fayetteville Police Department survey that he had previously submitted to Council. Council discussed this survey with Mr. Smith, Police Chief Ron Hansen, and other members of the Fayetteville Police Department. Council next considered the recommended budget. Mr. Smith discussed the activities of State government regarding revenue reductions to local governments and Cumberland County's recycling decisions. He also discussed the proposed 3.15 percent reductions in each departments' personnel budget. Mr. Smith also indicated that he had recommended a 4.5 percent pay increase in the budget, some of the money to be used for cost of living and the other portion to be used for merit increases. He stated the City must wait until the State decides what money it will return to local governments before making a decision on how the 4.5 percent is to be allocated. Upon motion by Mayor Pro-Tem Evans, seconded by Councilmember Robertson, Council voted unanimously to recess until Monday, June 10, 7:00 p.m. in the City Hall Multipurpose Room. Approved July 6, 1992 BUDGET SESSION MONDAY, JUNE 10, 1991 FAYETTEVILLE CITY COUNCIL BUDGET SESSION CITY HALL MULTIPURPOSE ROOM 433 HAY STREET MONDAY, JUNE 10, 1991 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans, Milo McBryde, Ida Ross, Joseph Pillow, Thelbert Torrey, Suzan Cheek, and Mark Kendrick Absent: Councilmembers Tommy Bolton and Nat Robertson Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Mayor Dawkins called the meeting to order and recognized City Manager John Smith to continue his review of the City departmental budget request. The Council concluded its review of General Fund departments. Upon motion by Councilmember Kendrick, seconded by Councilmember Torrey, Council voted unanimously to adjourn. Approved July 6, 1992 REGULAR MEETING MONDAY, JUNE 17, 1991 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, JUNE 17, 1991 7:00 P.M Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Suzan Cheek.(District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Marland Reid, PWC Attorney Jimmy Teal, Administrative Assistant to the City Manager Bob Bennett, City Engineer Ray Britt, PWC Director of Finance Service Louis Chalmers, City Traffic Engineer Tom Ray, Airport Manager Kai Nelson, Finance Director Al Mitchell, Assistant City/County Planning Board Director Members of the Press INVOCATION Mayor Dawkins called the meeting to order and City Manager John Smith offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Kimberly Dawn Lucas, Miss Teen Fayetteville 1991, was presented red long-stem roses by Mayor Dawkins from the City. Miss Lucas spoke a few words on the importance of education. Mayor Dawkins then recognized Mr. Danny Fore, Executive Director of FAEDC, Thurmond Williams, President of FAEDC, and Mike Young of Sam's Club who presented a check in the amount of $2,500 for a donation to the FAEDC. Mayor Dawkins stated the Fayetteville Area Economic Development Corporation is a very fine organization that gets a lot done. 1. Approval of Agenda City Manager John Smith requested an executive session for litigation at the end of the meeting. Councilmember Cheek moved to approve the agenda with the addition, 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. There being none, Mayor Pro-Tem Evans moved to approve the consent agenda. After a second from Councilmember Pillow, the consent agenda and following items were unanimously approved; A. Approval of minutes of regular meeting of May 20, 1991. B. Approval of tax refunds. 1. Tax refund in the amount of $623.82 to United Carolina tank - correction in sketch and characteristic and tax district. 2. Tax refund in the amount of $842.59 to Josephine S. Boyd - building D/L to Pin Number 0437.11-75-1174. 3. Tax refund in the amount of $960.58 to Riverside Mattress company buildings D/L to Pin Number 0447.14-33-5369. 4. Tax refund in the amount of $709.84 to P.W. Haigh, Jr. - mapping error-charged with too much acreage. 5. Tax refund in the amount of $25.25 to Gregory A. Johnson - illegal tax - military non-resident. C. Approval of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located south of Boone Trail Extension and west of Colgate Drive. (P91-44) D. Approval of the rezoning from R6 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 2669 Owen Drive. (P91-45) E. Approval of a Lease Agreement for parking spaces for Job Services employees. This lease with the County of Cumberland for 13 parking spaces for $30 per quarter per space, located on Lot #4, Burgess Street lot, and Lot ƒ7, Anderson Street lot. F. Approval of supplemental Agreement 16 between City of Fayetteville and Wilbur Smith Associates. This agreement is to cover increased engineering costs in the fire training facility project at the Airport and is subject to F.A.A. concurrence. G. Approval of the following Finance matters: 1. Adoption of Capital Project Closeout 91-18. Project expenditures totaled $13,493,017. Incorporated within that total are the Lease Payment-Principal and Interest ($7,286,454), which was required to capitalize interest and liquidate the first Certificates of Participation; and a Residual Equity Transfer to Debt Service ($779,260), which is pursuant to trustee requirements which stipulate the establishment of a debt service reserve. 2. Adoption of Capital Project Closeout 91-19. This is for CDBG-Year 13 for total revenues of $199,397 and total expenditures of $199,397 which shows a zero balance. 3. Adoption of Capital Project Ordinance Amendments 91-16 through 91-21. Capital Project Ordinance Amendment 91-16 appropriates $125,140 of additional resources for Airport Improvement Project #12. The sources of the additional resources are a Federal grant ($112,626), a State grant ($6,257) and a transfer from the Airport Operating fund ($6,257). Capital Project Ordinance Amendment 91-17 appropriates $11,460 to Federal Drug Forfeiture Funds due to additional receipts of $3,248 and interest earned of $8,212. Capital Project Ordinance Amendment 91-18 appropriates $299,826 for the Vehicle Replacement Program. The Vehicle Replacement Program was established on July 20, 1989, by Council action. Resources to fund the program come from monthly lease payments charged to departments who are assigned leased vehicles and a $.10 fuel surcharge. There has been no amendment to this project since inception. Consequently, the amendment covers fiscal years 1991 and 1992. Capital Project Ordinance Amendment 91-19 appropriates a total of $1,255,634 of bond interest earned to the 1987, 1988, and 1989 bond sale projects. The distribution of the interest earned is $114,155, $262,346, and $879,133 to the 1987, 1988, and 1989 bond sale projects respectively. The 1987 bond projects were funded by proceeds of $4,300,000 plus $489,337 of interest for total resources of $4,789,337. Interest earnings were previously appropriated to the 1987 bond proceeds in he amount of $335,182 (on December 20, 1989, via CPOA 90-10). All funds have been exhausted from this sale. The 1988 bond projects were funded by proceeds of $4,200,000 plus $312,346 interest earned for total resources of $4,512,346. All funds have been exhausted from this sale. The 1989 bond projects are financed by proceeds of $6,000,000 plus $879,133 of interest earned (through May 1991) for total resources of $6,929,133. Based on current cash flow projections by Engineering, we anticipate the 1989 bond sale proceeds and interest to be exhausted by winter of 1991. Staff anticipates issuing final bonds in the amount of $2,500,000 in November - December 1991. Capital Project Ordinance Amendment 91-20 is administrative in nature and has a net effect of zero. Council has previously authorized an amendment to Community Development ars 13 and 16 (May 20, 1991, via CPOA 91-14) in order to move the Vanstory Street Project/Phase II project from Year 13 to Year 16. That amendment should have only affected the unencumbered balance instead of the project in its entirety. This amendment returns an amount equal to the total project expenditures ($199,397) to Year 13 where it will be closed. This leaves an available balance of $63,113 for the project in Year 16. Capital Project Ordinance Amendment 91-21 appropriates $1,433 received to date from owner contributions to the Street Tree Program. H. Adoption of resolution authorizing sale of surplus property. This is surplus equipment accumulated by the Administrative Services Department. The minimum sales price will be $2,500. RESOLUTION AUTHORIZING SALE OF SURPLUS PROPERTY. RESOLUTION NO. R1991-049. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. I. Adoption of a resolution accepting the high bid for the sale of surplus City property located on the west side of Italy Street, PIN 0437-13-22-0760. Bids received were as follows: NAME BID Ronald W. Smith, for Allstar Properties $2,100 *Samuel Norris Davis $3,600 Linwood D. McNair $2,000 RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1991-050. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. J. Adoption of a resolution accepting Booker Court, as shown on Plat Book 9, Page 53, and a portion of Davis Court, Plat Book 9, Page 71, Cumberland County Registry, and the adoption of a resolution to Advertise for closing of same. RESOLUTION AUTHORIZING THE ACCEPTANCE OF BOOKER COURT AND A PORTION OF DAVIS COURT. RESOLUTION NO. R1991-051. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE BOOKER COURT AND A PORTION OF DAVIS COURT. RESOLUTION NO. R1991-052. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1991. 3. Public Hearings: Mayor Dawkins read the policy on the time limit for public hearings and non-public hearings. A. Consideration of Fiscal Year 1991-92 Budget. The public hearing was opened at 7:20 p.m. and the following representatives of outside agencies were recognized with requests for consideration of contributions from the City to be considered in the budget: Arts Council represented by Tony Rand; Museum of Art represented by Tom Grubb; Fayetteville Dogwood Festival represented by Anna H. Smith; Cape Fear Teen Center represented by Lamar Williams, Jr.; Fayetteville Symphony Orchestra represented by Thomas W. Williams, Jr.; CONTACT represented by Geron Gambill; Myrover-Reece represented by Pat Reece; Fayetteville Area Sentencing Center represented by Horace Thompson; and the Olde Fayetteville Association represented by Jean Hodges. There being none further to be heard on this matter, the public hearing was closed at 7:43 p.m. Council took no action. 4. Planning Board Matters: A. Consideration of the rezoning from R6 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located on the east side of Irving Drive, north of Peace Street. (91-47) This item was presented by Assistant Planning Board Director Al Mitchell with a recommendation by the Planning Board for approval of the rezoning. Councilmember Bolton moved to follow the recommendation for approval, seconded by Councilmember Robertson. Mayor Pro-Tem Evans asked what the Planning staff's recommendation was and Mr. Mitchell responded that the staff recommended denial because the approval of the requested rezoning would constitute an encroachment into a single-family neighborhood; and that all the uses allowed in the C1 Local Business District are not appropriate for this location. Mayor Pro-Tem Evans moved to set a public hearing, seconded by Councilmember Kendrick. Councilmember Cheek requested that Mr. Mitchell check on the area below the requested rezoning area to establish if houses are in that area. Councilmember Pillow asked if a public hearing had been held before the Planning Board and if anyone appeared in opposition. Mr. Mitchell responded that there had been a public hearing and those that appeared in opposition did not make an appeal through the appeal process. Following some discussion, Mayor Dawkins called for a vote on the substitute motion to set a public hearing and the motion carried 7 to 2 with Councilmember Robertson and Pillow voting against. B. Consideration of the rezoning from R10 Residential District to R6 Residential District or to a more restrictive zoning classification for an area located on the west side of old McPherson Church Road, north of Raeford Road. (P91-52) This item was presented by Assistant Planning Board Director Al Mitchell stating that the Planning Board and Planning staff recommends approval because the 1989 McPherson Church Road study indicates that this site should be medium density residential, and the R6 Residential District is appropriate. Councilmember McBryde moved to follow the recommendation and approve the rezoning, seconded by Councilmember Ross and carried unanimously. 5. PWC Matters: A. Consideration of adoption of PWC Budget Amendment Number 4. This item was presented by Ray Britt in the absence of Tim Wood with a recommendation to approve the Budget Amendment Number 4. Councilmember Kendrick moved to follow the recommendation and approve the PWC 1990-91 Budget Amendment Number 4, seconded by Councilmember McBryde. Councilmember Cheek requested a brief synopsis of this because there was no explanation included in the agenda packet and requested that in the future this might be included as a time saver. Mr. Britt stated he would notify Mr. Wood of this request. Mr. Britt stated that the main change in this would be to reflect the bond issues all of the rest of it was to reflect more what they expect to have at the end of this fiscal year. Mayor Dawkins then called for a vote on the motion and it carried unanimously. 6. Consideration of adoption of an ordinance relating to privilege licenses: This item was presented by City Manager John Smith with a recommendation that the ordinances be adopted. A. Creating a new Section 17-22.1 regarding collection of privilege license tax and penalties. B. Amendment to privilege license tax schedule. AN ORDINANCE CREATING A NEW SECTION 17-22.1, "COLLECTION OF DELINQUENT LICENSE TAXES AND PENALTIES" AND REPEALING SECTION 17-31.1, "WAIVER OF PENALTIES FOR ENGAGING IN BUSINESS WITHOUT A LICENSE." ORDINANCE NO. S1991-013. AN ORDINANCE AMENDING SECTION 17-29, "LICENSE TAX SCHEDULE ADOPTED." ORDINANCE NO. S1991-014. Mayor Pro-Tem Evans introduced the foregoing ordinances and moved their adoption, seconded by Councilmember Cheek and carried 8 to 1 with Councilmember Robertson voting against. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinance book S1991. 7. Consideration of the following Traffic Services matters: This item was presented by Traffic Engineer Louis Chalmers with a recommendation to adopt the ordinances. A. Request from museum of Cape Fear for Bus Parking Zone on Bradford Avenue. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 11-"PARKING PROHIBITED"). ORDINANCE NO. NS1991-029. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 17-"RESTRICTED PARKING"). ORDINANCE NO. NS1991-030. Mayor Pro-Tem Evans introduced the foregoing ordinances and moved their adoption, seconded by Councilmember Bolton and carried unanimously. B. Proposed revisions to Traffic Schedules: These ordinances will establish traffic control in a new subdivision and revise traffic operations at Regiment Drive and Sugar Cane Circle. 1. Number 6 - Stop Intersections AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC. ORDINANCE NO. 1991-031 2. Number 14 - Yield Right-of-Way AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC. ORDINANCE NO. NS1991-032. Councilmember Cheek introduced the foregoing ordinances and moved their adoption, seconded by Councilmember Bolton and carried unanimously. 8. Consideration of a resolution fixing date of public hearing on question of annexation pursuant to G.S. 160A-31, as amended (petition-initiated) (Country Club North, Section 6, Part A, Phase 2) (Recommended public hearing date is - July 1, 1991) This item was presented by Assistant City Manager Roger Stancil with a recommendation to adopt the resolution. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED. RESOLUTION NO. R1991-053. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Robertson and carried 7 to 2 with Councilmembers Torrey and Ross voting against. 9. Consideration of a resolution requesting the County Commissioners to delay implementation of landfill surcharges for recyclables. This item was presented by City Manager John Smith stating that this is a resolution to request a delay in the surcharge and to give the City time to implement a mandatory recycling program. The recommendation was for adoption of the resolution. RESOLUTION. RESOLUTION NO. R1991-054. Councilmember Pillow introduced the foregoing resolution and moved its adoption, seconded by Councilmember Ross. Councilmember Cheek requested to amend the resolution by adding to paragraph 2 that this process has been going on for two years and further down in the resolution at subparagraph 1 that we not only support efforts to meet Senate Bill 111, but we are actively implementing a recycling plan. Councilmembers Pillow and Ross accepted the friendly amendment. Mayor Dawkins cabled for a vote and the motion carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. At this time Mayor Dawkins stated that Clark's Pond on Cain Road will be restocked with 500 large mouth bass on June 19, 1991, at 11:30 a.m., by the North Carolina Wildlife Resource Commission State Fish Hatchery. 10. Appointments: A. Nominations to fill one vacancy on Board of Appeals. Councilmember Cheek nominated Mrs. Eva Ruth (W/F) of 2626 Bennington Road to fill the vacancy of Edward Bryant to May 31, 1994. B. Nominations to fill four vacancies on Airport Commission. Mayor Pro-Tem Evans stated that Mrs. Ann Mitchell Sternlicht would not be able to serve. Councilmember Kendrick moved to elect Mr. Albert McCauley as the non ex-officio member to be the representative of North Carolina Board of Transportation from Cumberland County, seconded by Councilmember Robertson and carried unanimously by voice vote. Mayor Dawkins then called for votes on the seven nominees for the three vacancies and the results are as follows: Mr. Robert S. Wilson (W/M), 433 McRae Drive with eight votes, Rajan Shamdasani (I/M), 3001 Rathburn Court with eight votes, and Mr. Louis Jourden (W/M), 3600 Thamesford Drive with seven votes were elected to a term to June 30, 1993. At this time Councilmember Kendrick requested that the policy regarding attendance requirements be brought to the next Council meeting. C. Nominations to fill one vacancy on Joint Planning Board. Mayor Pro-Tem Evans moved to elect Ernest J. Morine (B/M), 2831 Rosehill Road, by acclamation for a four-year term on the Joint Planning Board. The motion was seconded by Councilmember Pillow and carried unanimously. D. Nominations to fill one vacancy on Public Works Commission. Councilmember Kendrick moved to elect William H. Owen, III for a third four-year term. The motion was seconded by Councilmember Cheek and carried unanimously. E. Nominations to fill one vacancy on PWC Retirement Board. Councilmember Kendrick moved to elect Tommy McCoy for a second term. The motion was seconded and carried unanimously. Nominations to fill one vacancy on Parks and Recreation Commission. Councilmember Ross nominated Mr. Ike Walker and Councilmember Bolton nominated Mr. Mike Walker to fill the term of Robert D. Barber to October 31, 1991. Nominations to fill three vacancies on Historic Resources Commission. Nominations are needed to fill the unexpired term of William Watson, Jr., in the at-large category to October 1992; for Myrtice Coley in the realtor category to October 1992; and to Wade Byrd, historic district property owner category to October 1992. Councilmember Cheek nominated Ruby Murchison for the at-large category. Councilmember Kendrick requested that the meeting dates and time be included in the packet information. 11. Administrative Reports: A. Report on Sycamore Dairy Road Area Traffic Study. City Manager John Smith stated that this report was included in the agenda packet and a more detailed verbal report would be furnished at a future information meeting. Mayor Pro-Tem Evans requested that this report be supplied at the next information meeting. Councilmember Kendrick moved to enter executive session for litigation at 8:30 p.m., seconded by Councilmember Ross and carried unanimously. Council reconvened into regular session at 9:07 p.m. At this time Mayor Dawkins stated it had been brought to his attention that at least three Councilmembers would not be present at the July 1 regular Council meeting. Councilmember McBryde requested to have the Parks and Recreation nomination placed on the agenda for that information meeting. There being no further business, the meeting was adjourned upon motion and second at 9:10 p.m. INFORMATION MEETING MINUTES MONDAY, JUNE 24, 1991 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES CITY HALL COUNCIL CHAMBER MONDAY, JUNE 24, 1991 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans, Nat Robertson, Jr., Milo McBryde, Tommy Bolton, Ida Ross, Joseph L. Pillow, Thelbert Torrey, Suzan K. Cheek, and Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jason Brady, Information Officer Kai Nelson, Finance Director Robert A. Barefoot, Parks and Recreation Director Clark D. Dill, Environmental Services Director Tom Grubb, Arts Council Mayor Dawkins welcomed everyone to the meeting and called on Assistant City Manager Ben Brown for the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. 1. Approval of Agenda Councilmember Robertson moved to approve the agenda as submitted, seconded by Councilmember Pillow and carried unanimously. Councilmember Cheek requested that all nominations be placed on future information agendas when they are available. 2. Presentation of Arts Video A nine minute video was presented by Tom Grubb which was a summary of the arts and cultural activities available in Fayetteville. Mr. Grubb stated this video was put together by Fayetteville Technical Community College. Council was very complimentary of the video following the presentation. 3. Consideration of sale of Anderson Street Library Property. This item was presented by City Manager John Smith stating that he feels the property has no continuing value to the City. There were no upset bids on the offer made by the First Baptist Church in the sum of $85,000. The recommendation was to approve the resolution and sell the property to the church. Mr. Smith stated that Mr. D.P. Russ, representing the church, had some question about the configuration of the property as the City advertised it. It is less than it was originally appraised. Councilmember McBryde asked Mr. Russ to clarify this. Mr. Russ responded that the original map showed 24 feet more and their bid was made on this basis. Mr. Russ stated he felt there was no attempt to mislead here, but feels it would be better to readvertise showing the exact lines. Councilmember Bolton withdrew his original motion and then moved to readvertise what the church had bid on, seconded by Councilmember Cheek. Following some discussion, Councilmember Cheek stated she feels that the size of the land should be decided and offered substitute motion to refer to the Council's Building and Properties Committee, seconded by Councilmember Ross. Following discussion on the substitute motion, Mayor Dawkins called for a vote and the motion failed 4 to 5 with Councilmembers Bolton, Evans, McByrde, Ross and Torrey voting against. Mayor Dawkins called for a vote on the main motion which was to readvertise the property and the motion carried 9 to 1 with Councilmember Pillow voting against. 4. Consideration of offer to purchase vacant lots. This item was presented by City Manager John Smith requesting that this item be deferred to enable him to acquire additional information. Councilmember Bolton moved to defer this item to a later date, seconded by Mayor Pro-Tem Evans and carried unanimously. 5. Consideration of request for fireworks permit for the Fayetteville Generals for July 4, 1991. Councilmember Robertson moved to approve the request, seconded by Councilmember Kendrick and carried unanimously. 6. Consideration of amendment to Recreation and Parks fee schedule. This item was presented by Parks and Recreation Director Robert Barefoot with a recommendation for approval of the fee schedule. The schedule is as follows: TENNIS COURT RENTALS RESIDENT NON-RESIDENT 1 to 4 Courts $100.00 per day $200.00 per day $150.00 security deposit $150.00 security deposit *Minimum charge would be $100.00 per day for residents or $200.00 per day for non-residents for rental of up to four courts. Courts in excess of four will be charged a prorated cost of $25.00 per court for residents or $50.00 per court for non-residents. Following lengthy discussion, Councilmember Robertson moved to approve the fee schedule, seconded by Mayor Pro-Tem Evans and carried unanimously. 7. Consideration of Interlocal agreement regarding auto license fees. The contract for interlocal undertaking represents the contractual basis for such an arrangement and provides for the following: 1. Authorizes the County Tax Collector to promulgate, subject to approval by the City, rules and regulations to provide for the efficient and effective billing and collection of the license taxes. 2. Levies a license tax (currently $5.00) on each motor vehicle licensed by the State within the City based on the annual tax abstract listing (January 1) and any subsequent discoveries. 3. Permits the County to charge a fee for the administration of the program in an amount equal to the amount charged for tax collections (currently 1.75% of collections). 4. Requires the County to remit receipts, net of the collection charge, generally daily along with property tax collections. The recommendation was to authorize the Mayor to execute the contract for interlocal undertaking. Councilmember Cheek moved to approve the interlocal agreement as requested, seconded by Councilmember Robertson and carried unanimously. 8. Consideration of Interim Budget ordinance. This item was presented by City Manager John Smith stating that it appears the State government may be adopting an interim budget, therefore he is recommending that the City adopt an interim budget ordinance for approximately two weeks expenditures. Mr. Smith stated that if the budget is not adopted on July 15, another interim budget would have to be adopted. Councilmember Bolton moved to adopt an interim budget ordinance, seconded by Councilmember Kendrick and carried unanimously. 9. Consideration of a resolution pursuant to Section 11-4 of the Cumberland County Solid Waste Ordinance regarding household user fee. This item was presented by City Manager John Smith stating that this resolution will allow the billing of the County household landfill user fee on the tax bill to the City residents. This would eliminate the City paying the $25 per ton tipping fee and then billing the citizens. He recommended adoption of the resolution. RESOLUTION NO. R1991-054. Mayor Pro-Tem Evans introduced the foregoing resolution 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 Resolutions Book R1991. 10. Appointments: Nominations to fill one vacancy on Parks and Recreation Commission. Councilmember Ross withdrew Mr. Ike Walker's name because he was unable to serve. Councilmember Bolton moved to elect Mr. George M. (Mike) Walker, 604 Bromsworth Trail, by acclamation. The motion was seconded by Mayor Pro-Tem Evans and carried unanimously. At this time Mayor Dawkins thanked each Councilmember personally for attending the County Commissioners meeting on such short notice. He stated be felt this had a very positive effect on the outcome of the resolution that was adopted on the solid waste. Mayor Pro-Tem Evans requested to be excused on the July 15 meeting in case she is not back from her trip. Councilmembers Cheek, McBryde and Bolton requested to be excused from the July 1 meeting. Councilmember Kendrick moved to excuse these Councilmembers from the meetings as requested, seconded by Councilmember Pillow and carried unanimously. 11. Budget Workshop Council was in agreement to set the budget workshop for July 8 at 7:30 p.m.in the multipurpose room on the first floor. At this time Councilmember Cheek requested that staff submit further information on some concerns that she has regarding the budget. One is the situation with the City employee insurance having $100,000 maximum. She feels this may not be sufficient. Dr. Cheek requested a briefing on the consultant study for the Transit and what is the schedule for doing planning for the American Disabilities Act. Dr. Cheek requested a strategic plan on what we have done to fight drugs. 12. Discussion of commercial garbage collection. City Manager John Smith reported that we have proposed in the budget that the City look into privatizing the commercial garbage collection partially due to the $25 tipping fee and partially due to the expense of operating the service and the need to update the fleet. Also the uncertainty as to the future with regard to the proposed $30 surcharge that now appears will go into effect July 1, 1992, on recyclables. That also has an impact on commercial as well as residential. There will be a disposal fee paid by the hauler at the landfill based on the tonage of garbage. It is important to remember that that fee would have to be recouped by the hauler based upon some charge per pickup based upon the capacity of the containers. We estimate commercial tipping fees paid within the City of Fayetteville would approximate $750,000 next year based upon 30,000 tons of commercial garbage we currently haul to the landfill. That landfill charge will be more than the City's cost of collecting the garbage. Mr. Smith presented three options: (1) The City can continue to collect it at a cost of approximately $550,000 per year--plus we need to replace about three trucks at a cost of approximately $300,000. (This is not in the recommended budget.) (2) The City can get out of commercial collection entirely and let private industry do it on a strictly competitive basis. (3) The City can franchise with a hauler or group of haulers inside the City. Mr. Smith offered a proposal to contract with private haulers for the value of these trucks for a period of time (approximately six months worth of service). At the end of the six month period, either (1) franchise the service, (2) get out of the business entirely or (3) continue that contract for services - renew for another six months without value of trucks but it would cost another $250,000. That would essentially take care of commercial collection service for the coming fiscal year. This Proposal would subsidize that one collection per week for a period of one year, at which time the $30 surcharge will most likely go into effect. At this time, we may want to follow one of the foregoing options. Lengthy discussion followed. Mr. Smith responded that one of the items of concern discussed with the two local private haulers has been the guarantee of jobs, at a commensurate salary, of those six employees performing the function now and this would be in the contract. A seventh employee has 20 years service into the retirement system and will be placed in another capacity so he can continue if he so desires. The employees would also be able to apply for future job openings with first priority with the City if they would like. As to health insurance, the employees would be eligible to exercise their COBRA option to continue the medical benefits under the City's plan for 18 months, at a cost. The two contractors we are currently negotiating with are willing to start the service on July 1 on the basis that we would be bringing a contract to City Council for approval with the adoption of the budget. One major contractor, who is not currently in this area, is interested in coming in--but on a longer term commitment than one year and would want all of the commercial business. As to bids, this is a service contract so we can legally, simply negotiate it. We see this as an interim situation for one year which would allow us to evaluate, and which would allow us to continue providing some level of collection service--at the same time, get us out of the collection business. At the end of the year, we will have some options open to us other than going back into the collection business. This could be handled as a completely open bid franchise situation, but this would be a 3 to 5 year term and would be 3 to 4 month process. That option would still be available to the City at the end of the year. Mr. Smith concluded by stating that we have no written contract as of today. We will need to adopt the approved contract by July 15 and if the consensus of Council is that that seems to be a fair approach and one which they will want to consider, he will see if the contractors will begin services July 1 on the basis that we leave an adopted approved contract by July 15. Mr. Smith stated he feels this is a workable solution and acknowledged some head nods and handshakes from Councilmembers. He stated he would start putting this in writing. 13. Consideration of FY 90-91 Final Budget Ordinance Amendment. City Manager John Smith presented this item and reviewed some of the noticeable changes. He recommended the budget ordinance amendment be adopted. Councilmember Bolton moved to adopt the 1990-91 final budget ordinance amendment, seconded by Councilmember Kendrick and carried unanimously. At this time Councilmember Ross requested that all citizens and employees say a special prayer for our budget. There being no further business, the meeting was adjourned upon motion and second at 9:15 p.m. REGULAR MEETING MONDAY, JULY 1, 1991 FAYETTEVILLE CITY COUNCIL MINUTES REGULAR MEETING CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, JULY 1, 1991 7:00 P.M. PRESENT: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-Large), Nat Robertson, Jr. (At-Large); Ida Ross (District 2); Joseph Pillow (District 3): Thelbert Torrey (District 4); and Mark Kendrick (District 6) ABSENT: Milo McBryde (At-Large), Excused Tommy Bolton (District l), Excused Suzan Cheek (District 5), Excused OTHERS PRESENT: J.P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Robert M. Bennett, City Engineer David M. Nash, Annexation Studies Coordinator Al Mitchell, Assistant City/County Planning Board Director Members of the Press INVOCATION Mayor Dawkins called the meeting to order and welcomed everyone. He called on Jean Vandergift of the First Christian Church to offer invocation. The Mayor then led in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins presented certificates to Mikol Forbes, Renesha Richardson, Helena McAllister, and Shonta Martin (absent) in recognition of their winning the North Carolina State Title, Division 5, of the Double Dutch Championship Competition held in Winston-Salem, North Carolina. They also competed in the National Championship Tournament in College Park, Maryland, and won tenth place. Mayor Dawkins also recognized Marion Crowe, who is instrumental in this program, as a valuable employee of the Parks and Recreation Department. Mayor Dawkins extended thanks to all City of Fayetteville employees and the citizens of Fayetteville for their participation and cooperation in the operation celebration held at Fort Bragg. 1. Approval of Agenda City Attorney Robert C. Cogswell asked that an executive session be added to the agenda as Item 13.B for litigation. Councilmember Kendrick moved to approve the agenda, seconded by Councilmember Torrey and carried unanimously 6 to 0. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. There being none, Mayor Pro-Tem Evans moved to approve the consent agenda. After a second from Councilmember Pillow, the consent agenda and following items were unanimously approved: A. Approval of minutes of information meeting of May 28, 1991. B. Approval of minutes of regular meeting of June 3, 1991. C. Setting of public hearing for August 5, 1991, to consider the paving (without petition) of Dallas Street between Southern Avenue and Owen Drive. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF DALLAS STREET. RESOLUTION NO. R1991-055. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. D. Adoption of resolution of acceptance for two portions of Old Mintz Mill Road within the Rajan Shamdasani property and adoption of resolution setting public hearing for August 5, 1991, to consider closing those two portions of Old Mintz Mill Road. RESOLUTION BY THE FAYETTEVILLE CITY COUNCIL AUTHORIZING ACCEPTANCE OF TWO PORTIONS OF OLD MINTZ MILL ROAD. RESOLUTION NO. R1991-056. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE TWO PORTIONS OF OLD MINTZ MILL ROAD. RESOLUTION NO. R1991-057. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1991. E. Referral of Proposed Street Resurfacing List for the 1991-1992 Budget Year to the Streets, Roads, and Sidewalks Committee. F. Approval of modified state airport aid grant agreement for the funding of State Airport Aid Project 9.9344108 (AIP-09) in the amount of $66,538.00. RESOLUTION. RESOLUTION NO. R1991-058. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. 3. Public Hearings: A. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, NC (pursuant to G.S. 160A-31, as amended) (Country Club North, Section 6, Part A, Phase 2). This item was presented by Assistant City Manager Roger Stancil who stated this was by petition. Mr. Stancil stated that both water and sewer mains needed to be installed. Councilmember Pillow asked Mr. Stancil why all of this area was not approved at one time. Mr. Stancil stated the building is being done in phases with each phase being approved separately. Following Mr. Stancil's report and recommendation for adoption of the annexation ordinance, the public hearing was opened at 7:20 p.m. There being none present to speak in favor of or against, the public hearing was closed. Mayor Pro-Tem Evans introduced the ordinance and moved its adoption, seconded by Councilmember Pillow. The vote taken was 4 in approval and 2 against. Councilmember Torrey and Councilmember Ross voted against the action. A second reading of this ordinance will be held at the July 15, 1991, City Council meeting. 4. Planning Board Matters: A. Consideration of amendment of zoning ordinance to provide for buffers between commercial and residential areas. This item was presented by City Manager John Smith. He stated Councilmember Kendrick had requested that this amendment be presented to the Council for their consideration. Mr. Smith briefed the Council and provided them with copies of the County ordinance as well as referring them to the pending landscape ordinance which will be presented to them hopefully at their July information meeting. Councilmember Kendrick stated his intent is that a solid 6 foot fence be used as a buffer. Councilmember Kendrick made a motion that this matter be referred to the Planning Board, seconded by Councilmember Ross and carried unanimously 6 to 0. 5. Consideration of request from Robert Allen and Linda Miller to address Council. Mr. Robert Allen, a 15-year volunteer basketball coach, presented to the Council a petition requesting the basketball goals be reinstalled at Evan Hill Park. He feels the community benefits from this activity. A discussion was held by Councilmembers, Mr. Allen, Mr. Barefoot, and the City Manager. Mr. Barefoot requested he be given direction as to whether these goals should be replaced. Mr. Smith stated there had been a difference of opinion in the neighborhood as to whether these goals should be replaced. Ms. Linda Miller spoke and stated that she feels the City of Fayetteville needs positive constructive recreational activities to combat the drug problem. She stated the City must help our young people by repairing all equipment on the playgrounds and also by providing a walking path for public use. Mayor Dawkins stated the Council was for the goals being replaced and it would be done as soon as possible. 6. Consideration of adoption of resolutions to acquire rights-of-way: These items were presented by the City Engineer, who recommended adoption of the resolutions. 1. Parcel D-2 in the amount of $1,445.00 for Dillon Drive Paving Project A REVISED RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY - DILLON DRIVE PAVING PROJECT. RESOLUTION NO. R1991-059. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Torrey and carried 6 to 0 unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. 2. Parcels E-2 in the amount of $110.00 and W-2 in the amount of $455.00 for Winslow Street Bridge Rehabilitation Councilmember Mark Kendrick moved to approve the following resolutions as recommended, seconded by Councilmember Ross and carried unanimously 6 to 0. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY - WINSLOW STREET BRIDGE REHABILITATION PARCEL E-2. RESOLUTION NO. R1991-060. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY - WINSLOW STREET BRIDGE REHABILITATION PARCEL W-2. RESOLUTION NO. R1991-061. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1991. 7. Consideration of adjustments to the proposed bond-financed sidewalk construction projects. Mr. Bennett presented this item along with a slide presentation which was used to visually show each area that would be affected. Mr. Bennett suggested that the following projects be deleted from the bond sidewalk projects: 1. Person Street (south side) from Deep Creek Road to Cedar Creek Road. He felt this is a low priority project because very few pedestrians use this portion of Person Street. 2. Cool Spring Street Sidewalk from Person Street to Meeting Street. He felt this project would be especially difficult to construct and disrupting to abutting property owners because of walls, high banks, and trees. 3. Southern Avenue (west side) from Cumberland Road to Owen Drive. Mr. Bennett stated Southern Avenue is on the Thoroughfare Plan and this section is listed for future improvements and will require additional right-of-way. If the City proceeds with construction of the sidewalks, drainage problems will have to be solved as well as the probability of future demolition of the sidewalk for the roadway widening project. Mr. Bennett suggested the following areas be substituted as sidewalk projects. 1. Cumberland Road (north side) from Southern Avenue to Camden Road. This will connect to the existing sidewalk on Camden Road and the sidewalk that is to be connected in the next contract along Southern Avenue from Whitfield Street to Cumberland Road. 2. Whitfield Street (south side) from Robeson Street to Camden Road. There is a portion of existing sidewalk along Whitfield Street abutting Stanton Arms and the bond projects listing, including extension of that sidewalk to Southern Avenue. If this section between Robeson Street and Camden Road could be constructed, this would make a continuous link of sidewalks between Robeson Street and Southern Avenue. Mr. Bennett further stated the two recommended substitute projects can be accomplished for about the same cost as the three sections recommended for deletion and are in areas of greater need. Mayor Pro-Tem Evans moved that Mr. Bennett's recommendation be followed, seconded by Councilmember Ross. Councilmember Pillow raised a question regarding the Cool Spring Street project. He felt the area between Adams Street and Holly Lane should still have a sidewalk installed. The section totaled from 120 to 130 feet. Mr. Smith then suggested he felt it would be possible to include that section with the other sections recommended by Mr. Bennett. The motion was amended to include the 120 to 130 feet between Adams Street and Holly Lane in the approved projects. The motion unanimously carried by a 6 to 0 vote. 8. Consideration of approval of contracts for FAR 107.14 Security System Design and Installation at the Airport. This item was presented by John Smith. He stated Mr. Cogswell had a few minor changes that needed to he made in the contract. Mr. Cogswell presented the following changes in the contract: 1. On Exhibit B, Page 1, Subparagraph (b) in the first line, change the word "offer" to the word "offeror"; 2. On Exhibit B, Page 2, Subparagraph (d) in the second line, change the word "aware" to the word "award". In Supplemental Agreement No. 17, make the following additions: 1. Part II, add a new subparagraph C to read as follows: C. Duties, responsibilities, and limitations of authority of the resident project representative. 1. See Exhibit (B) which is incorporated by reference. 2. On Exhibit B, Page 2, Paragraph 4.a. change the word "show" to the word "shop". Councilmember Kendrick made a motion to approve the contract with the changes requested by Mr. Cogswell, seconded by Councilmember Pillow, carried by a unanimous vote of 6 to 0. 9. Consideration of amendment to the Human Services Commission Ordinance. This item was presented by Attorney Bob Cogswell. He recommended its adoption. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 2-42 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1991-015. Mayor Pro-Tem Evans moved to adopt the ordinance amending the Human Services Commission ordinance, seconded by Councilmember Ross and carried by a unanimous vote of 6 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1991. 10. Consideration of offer to purchase vacant lots. Mr. Smith presented this item and stated the situation was that the City had acquired vacant lots in the Blount Creek area and the City had received offers of purchase on these lots. Mr. Smith reported that Mr. Bennett had stated there was a possibility of a future improvement project which would require the acquisition of right-of-way by the City. Therefore, Mr. Smith's recommendation was that the City hold on to the land and not sell at this time. A discussion was held. Councilmember Robertson moved to reject the offer of purchase for the lots in Blount Creek, seconded by Councilmember Kendrick and carried unanimously by a 6 to 0 vote. Following a short break, Mayor Dawkins made the announcement that Mr. Maurice Fleishman had passed away. He expressed his condolences. 11. Discussion of commercial garbage collection. Mr. John Smith updated the Council as to the events which had transpired in the negotiation of the commercial garbage collection for the City. He stated he had negotiated a short-term agreement with ARS and Waste Management for a period to run from July 1, 1991, to July 15, 1991. He had done this with the intent of presenting a one-year interim contract with ARS and Waste Management to the Council for their approval at the July 15, 1991, meeting when all members would be present. He stated this would give the City time to analyze the garbage collection problem further. Mr. Herb Thorp was recognized as the legal representative of Browning-Ferris industries (BFI). He addressed the Councilmembers regarding BFI's continuing interest in working with the City toward a solution to the commercial garbage collection problem. A lengthy discussion ensued with a decision by the Councilmembers that they needed more input from both the staff and the companies offering to provide the services required. The commercial garbage collection issue was placed first on the agenda for the July 8, 1991, information meeting with a ten-minute limit being placed on each company. Presentation will be made by BFI, ARS, and Waste Management, and any other businesses that wish to participate in the negotiations. Councilmember Ross requested that each company making a presentation provide a list of the cities with whom they currently do business. Councilmember Evans asked to go on the record as to her feelings because she would not be present for the July 15, 1991, meeting. She stated she would like to honor the two-week contracts with the haulers as negotiated (from July 1, 1991 - July 15, 1991), but the other contracts should be immediately placed out to bid. 12. Appointments: A. Nominations to fill one vacancy on the Board of Appeals. A motion was made by Mayor Pro-Tem Evans, seconded by Councilmember Ross and carried unanimously 6 to 0, for the election of Eva Ruth to the Board of Appeals to fill Mr. Edward Bryant's vacancy. Her term runs to May 31, 1994. B. Nominations to fill three vacancies on the Historic Resources Commission. Councilmember Pillow moved, seconded by Councilmember Torrey, to elect Ruby Murchison, a former teacher of the year in the United States, to the at-large position on the Historic Resources Commission. Her term runs to October 1992. C. Nominations to fill one vacancy on the Fair Housing Board. Councilmember Pillow nominated William T. Pratt, 713 Chadwick Road, to fill the vacancy left by the resignation of Mr. Morine. Council voted unanimously to elect Mr. Pratt to this position, carried 6 to 0. His unexpired term runs to November 1992. D. Nominations to fill one vacancy on the Board of Adjustment. Councilmember Ross nominated Linwood Haith, who filled the term of Helen Adams, to serve his first full term. Councilmembers elected him unanimously 6 to 1. His term expires in July 1994. E. Nominations to fill three vacancies on the Taxicab Review Board. Mayor Pro-Tem Evans nominated Robert Hinton of the Big Four Cab Company. Councilmember Kendrick nominated Mr. D. Paige Tart. Councilmember Pillow nominated Danny Stewart. Councilmembers elected all three members unanimously to serve on the Taxicab Review Board. This motion carried 6 to 0. Their terms run to July 1993. F. Nominations to fill one vacancy on the Personnel Review Board. Mayor Pro-Tem Evans nominated for Councilmember Bolton Mr. Joel Allen of 398 Hilliard Drive to fill the vacancy on this board. Councilmembers elected unanimously, carrying 6 to 0, Mr. Allen to the Personnel Review Board. His term runs to December 1992. 13. Administrative Reports: A. Statement of taxes collected for the month of May 1991 from the Cumberland County Tax Collector. Council accepted the statement of taxes submitted showing a total collection of $88,881.35. At 9:00 p.m. an executive session was declared by Mayor Dawkins for the purpose of litigation. At 9:12 p.m. Council reconvened into regular session with Mr. Cogswell making the recommendation that a settlement of the Robert Mattocks and wife condemnation on Cain Road be made for the additional sum of $1,300.00, bringing the total amount of compensation paid to $4,825.00. Councilmember Robertson moved to approve Mr. Cogswell's recommendation, seconded by Councilmember Ross and carried unanimously 6 to 0. There being no further business, the meeting was adjourned upon motion and second at 9:13 p.m. Approved August -, 1991 SPECIAL MEETING MINUTES MONDAY, JULY 8, 1991 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING MINUTES CITY HALL MULTIPURPOSE ROOM 433 HAY STREET MONDAY, JULY 8, 1991 7:30 P.M Present: Mayor J.L. Dawkins Councilmembers Nat Robertson (at-large); Tommy Bolton (District 1), Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Mildred Evans (at-large) and Milo McBryde (at-large) Others Present: John P. Smith, City Manager John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Administrative Assistant to the City Manager Jason Brady, Public Information Officer Jerome Brown, Transit Director George McCarthy, Risk Manager Ronald E. Hansen, Chief of Police Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION Mayor Dawkins called on City Attorney Bob Cogswell to offer the invocation. The Mayor then led the Pledge of Allegiance to the American Flag. At this time, Mayor Dawkins asked Councilmember Bolton for a report on the condition of the mother of Councilmember McBryde. Mr. Bolton reported that Mrs. McBryde had surgery today at Duke Hospital in Durham and was doing well at this time. 1. Approval of Agenda Councilmember Ross moved to approve the agenda as submitted, seconded by Councilmember Bolton and carried 7 to 0. 2. Discussion of Commercial Garbage Collection A. Presentation by private haulers 1. Browning-Ferris Industries of South Atlantic, Inc. (BFI) Attorney Herb Thorp was recognized, who then introduced the presenter, Ms. Sandy Glatzau, Division Vice President. She clarified their intent, which was to be of service to the City of Fayetteville and stated that the key people with their company had North Carolina backgrounds. She also reviewed the company's North Carolina background, which included having 26 municipal contracts. Ms. Glatzau stated they felt three haulers in Fayetteville could be justified. A video was presented to each Councilmember featuring employees that had previously worked for the City of Knoxville. This video would, hopefully, answer any concerns Council might have for the future of Fayetteville's employees affected by this changeover. Ms. Glatzau concluded her presentation by covering what their company can do for the City of Fayetteville. 2. American Refuse Services (ARS) Mr. Greg Peverall, Vice President, introduced Dick Liebers, Corporate Systems Manager for their fleet of trucks in the four-state area. They currently have 60 employees. Mr. Peverall reviewed the history of their company including the processing of recyclables so they are not in landfills in any capacity. Mr. Peverall stated that in addition to the work they have been doing for a year in the City of Fayetteville, they have the staff to meet with commercial customers to work with them toward reducing solid waste so they will not have to pay the $25 per ton tipping fee. He concluded that they are immediately available to make sure the changes will be done professionally and efficiently for the City. 3. Waste Industries Mr. Eddie Dick, executive vice-President introduced Steve Goode, Regional Manager/vice-President and Roy Stallings, Local Manager. Mr. Dick reviewed some of the information previously sent to Councilmembers. He stated they began in 1970 with a home office in Raleigh. They employ over 450 and reviewed what they have done in Fayetteville. They began in Fayetteville in 1985. They also provide recycling services in Fayetteville. Mr. Dick concluded his presentation by making a commitment to the City and asking Council to review their performance and the fact they have had very few, if any, complaints since they have been collecting in Fayetteville, and asked to he judged on their merits. B. Council Discussion There was a lengthy session with Councilmembers asking questions and the contractors responding. One of the questions asked of BFI was if they were interested in the short-term contract and they noded affirmatively. Then they were asked what their perspective of what had happened concerning the decision of staff to omit them from the awarding of the contract. The response from BFI was they felt the City staff had acted professionally but felt it was a series of misunderstandings because BFI had emphasized a long-term contract. This was done because they felt it would be best for the City, but they wanted to be included in whatever was done. BFI was told that negotiations were too far along when they notified the City that they were interested in anything being offered. Councilmember Bolton asked City Manager John Smith to respond to the outline submitted by BFI concerning the misunderstanding. Mr. Smith stated there were meetings chaired by Assistant Manager Roger Stancil with Purchasing Agent Craig Hampton, Assistant to the City Manager Jimmy Teal, environmental Services Director Clark Dill, held separately with each of the three contractors. These meetings consisted of the same discussion and criteria outline. Options were discussed, such as short-term and long-term contracts, franchises, etc. Mr. Smith stated it was the clear impression by all City staff, that BFI was very interested in coming into Fayetteville but in order to justify their capital expenses for coming in, it would need to be on a long-term franchise basis. Mr. Smith stated that following those meetings, there was a lengthy staff meeting discussing the meetings with the three haulers, including all of the options and the possible consideration of the City getting out of or staying in the commercial collection business, bidding out franchises for 3 to 5 years, short-term contracts of six months to a year by using our trucks as value for services contract. Mr. Smith stated that after the meetings with the contractors, there was a lengthy staff meeting discussing the options. Staff decided to issue an interim contract and recommending that the City get out of the commercial trash collection business. Mr. Smith continued by stating they were sorry there was a misunderstanding but the City felt they had a clear understanding that BFI could not justify coming into Fayetteville on a short-term basis. He met with BFI and stated he felt we had gone too far down the road of negotiations, at this point, to get the service started by July 1, 1991. Mr. Smith informed them that it would be Council's decision on July 15, 1991. There was further discussion which included three-way contract and bidding process. Council will take action at the July 15, 1991 meeting. 3. Budget Workshop Mr. Smith reviewed the Transit Budget which consisted of two issues. One issue is the effect of the American Disabilities Act and the other issue is to study a regional transportation system. Transit Director Jerome Brown added that the issue on the American Disabilities Act would need to be adopted by January 26, 1992, because we need to start the process by the first part of August 1992. Mr. Smith stated that we need to take a hard, long look at Transit and where it is going. We should look at it on an urban basis because we will need to replace some of the fleet. He suggested that this money should be used for a study. The study will be paid for out of planning funds, which will he only 10 percent local funding. The Human Services Transportation portion of this budget reflects very little City participation toward that program. Mr. Smith briefly reviewed the Law Enforcement, Fleet Maintenance and Capitol Project funds. He reviewed the Airport Budget and stated that the airport had a bad year because of the Desert Shield/Desert Storm. He also reviewed some of the revenue projections to aid in the deficit. Mr. Smith stated that the PWC budget is not included in this packet. Councilmember Bolton reviewed the Police Department's request for funding of the drug program. Chief Hansen distributed data on the current drug enforcement strategies and a draft copy of the concept addressing a very minimal proposal including two investigators, a typist and a prosecutor. They would work on street level narcotics enforcement. Following further discussion, Mayor Dawkins requested this be discussed further at the next Council meeting. Mr. Smith then reviewed the Risk Management portion of the budget concerning employee major claims. He stated he had checked into some other systems to see what they offered and the City's coverage was comparable. Mr. Smith stated there is not a lot to offer in the insurance market. He concluded by saying that the City has an excellent benefit program, which covers 99.9 percent of medical problems. He stated he would try to have additional information at the next meeting. There being no further business, the meeting was adjourned at 10.30 p.m. upon motion and second. Approved August 5, 1991 REGULAR MEETING MINUTES MONDAY, JULY 15, 1991 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, JULY 15, 1991 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large), Milo McBryde (at-large); Nat Robertson (at-large), Tommy Bolton (District 1), Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5), and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Jimmy Teal, Administrative Assistant to the City Manager Bob Bennett, City Engineer Robert Barefoot, Recreation Department Director Kai Nelson, Finance Director Al Mitchell, Assistant City/County 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 The invocation was offered by Pope Air Force Base Chaplain, Major Donald Lederer, followed by the Mayor leading in the Pledge of Allegiance to the American flag. RECOGNITION: Presentation of Yellow Ribbon to Museum of the Cape Fear Mr. Scott Loehr, Curator of the Museum, was presented with the oversized yellow ribbon that was given to the City of Fayetteville from the City of Charlotte as a gesture of support for the community that is the home to over 30,000 troops who served in Operation Desert Storm. This ribbon has been hanging in the lobby of City Hall. 1. Approval of Agenda Councilmember Pillow moved to approve the agenda as submitted, seconded by Mayor Pro-Tem Evans and carried unanimously by voice vote. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. There being none, Councilmember McBryde moved to approve the consent agenda. After a second from Councilmember Kendrick the consent agenda and following items were unanimously approved: A. Approval of minutes of regular meeting of June 17, 1991. B. Approval of the rezoning from R6 Residential District to C3 Heavy Commercial district or to a more restrictive zoning classification for an area located on the north side of Katie Street and on the west side of Dyer Avenue. (P91-57) C. Adoption of Capital Project Ordinance 92-1. The City has been awarded a grant by the NC Department of Crime Control and Public Safety in the amount of $59,672 for a project total of $79,653. Federal forfeiture funds will be utilized to provide the local match in the amount of $19,981. RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT AWARD FROM THE NORTH CAROLINA DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY (GRANT NO. 26-191-E6-D100). RESOLUTION NO. R1991-062. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. D. Adoption of Capital project Ordinance Amendment 92-1. The Millsdale Fund, Inc., has made a contribution to the City in the amount of $10,000 towards the restoration of the Market House. This amendment recognizes this contribution and appropriates additional funding in the same amount. E. Adoption of Capital Project Ordinance Amendment 92-2. The Fayetteville Regional Airport has received an additional tentative allocation to the AIP-12 project in the amount of $775,000, to support engineering and construction costs pertaining to the FAA mandated security system. Additional state and local matches in the amount of $43,056 each are required to supplement the FAA funds for the project and are incorporated in this amendment. F. Set public hearing for August 5, 1991, to discuss reduction of speed limit on Browns Lane. G. Adoption of ordinance revising Section 20-106, Schedule 6 - Stop Intersections. This ordinance will establish traffic control in new developments of Ascot, Cape Center Professional Park, Country Club North and Kings Grant. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 6-STOP INTERSECTIONS). ORDINANCE NO. NS1991-033. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. H. Approval of advertisement of offer to sell portion of easement crossing a private street on R.C. Brown property. 3. Public Hearings: Mayor Dawkins read the policy on the time limit for the public hearings and for the nonpublic hearings. A. Consideration of the rezoning from R6 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located on the east side of Irving Drive, north of Peace Street. (P91-47) This item was presented by Al Mitchell, Assistant Planning Director. He stated that the Planning Board has recommended approval of the rezoning. The Planning staff recommended denial because the approval of the requested rezoning would constitute an encroachment into a single-family neighborhood and that all of the uses allowed in the C1 Local Business District are not appropriate for this location. This public hearing was advertised for this date and hour. The public hearing was opened at 7:10 p.m. and recognized in favor was Stacy Weaver, Attorney, representing the property owners, Mr. and Mrs. Artice Counsel. Mr. Weaver stated that the neighbors did not object and introduced a neighbor, Mr. Bullard, present in the audience who was not opposed. There was none to speak in opposition and the public hearing was closed at 7:16 p.m. Councilmember Pillow stated that since no one appeared at the public hearing in opposition to the requested rezoning and it is a logical extension of the existing commercial lot on Ramsey Street, he moved to follow the recommendation of the Planning Board and approve the rezoning as requested, seconded by Councilmember McBryde. Councilmember Cheek stated she was opposed to this rezoning because of the use of land possibilities and without a buffer a business could be put on a solidly residential street. Mayor Pro-Tem Evans concurred with Councilmember Cheek and the Planning staff's denial. Mayor Dawkins called for the vote and the motion carried 6 to 3 with Councilmembers Kendrick, Cheek, and Evans voting against. B. Consideration of adoption of a resolution to close Booker Court and a portion of Davis Court. This item was presented by City Engineer Bob Bennett stating that this surplus property value would be enhanced if the streets were closed. Mr. Bennett stated that there was one change he recommended to the resolution in the enclosed packet on page 3. The third paragraph should be deleted since no utility easements are necessary for that street. Mr. Bennett recommended adoption of the resolution. This public hearing was advertised for this date and hour. The public hearing was opened at 7:24 p.m. and there being none to speak in favor or opposition, the public hearing was closed. RESOLUTION AND ORDER CLOSING BOOKER COURT AND A PORTION OF DAVIS COURT. RESOLUTION NO. R1991-063. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption with the change as recommended, seconded by Councilmember Robertson and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. 4. Planning Board Matters: A. Consideration of the rezoning from R6 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located east of Deep Creek Road, north of Abraham Avenue. (91-58) This item was presented by Al Mitchell, Assistant Planning Director, stating that the Planning Board recommends denial of the C1 and approval of C1A Commercial District. He stated that the case has not been appealed. City Attorney, Bob Cogswell, stated he felt this was spot zoning. Councilmember Kendrick moved to set a public hearing for August 19, 1991, seconded by Councilmember McBryde and carried unanimously. 5. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, NC (pursuant to G.S. 160A-31, as amended) (Country Club North, Section 6, Part A, Phase 2) (Second Reading) This item was presented by Assistant City Manager for Operations, Roger Stancil, with a recommendation to adopt the second reading for this ordinance. Councilmember Torrey stated that the report states that PWC will be able to furnish utilities if this is annexed and he stated it could take as much as ten years to furnish these utilities, therefore, he has to vote against. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ANNEXATION ORDINANCE NO. 91-07-347. Councilmember Robertson moved to adopt the second reading of the annexation ordinance, seconded by Councilmember McBryde and carried 7 to 2 with Councilmembers Torrey and Ross voting against. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1991. 6. Consideration of an agreement for commercial garbage collection services. This item was presented by City Manager John Smith. He presented four options as follows: 1. Approve the contracts with ARS and Waste Industries for one year and explore other options for FY 92-93. 2. Take bids for a long-term franchise - City would operate until a contract could be awarded. The City's cost to operate in the interim would be $110,000 per month. 3. Renegotiate a short-term contract with all three haulers. 4. The City would operate the service. Mr. Smith recommended Option 1. The key provisions of the contracts under Option 1 are as follows: 1. Free collection for two pickups per week for four weeks beginning July 1, 1991. 2. Free collection for one pickup per week through December 30, 1991. 3. One and two above are in return for the City's vehicles. 4. One pickup per week for $.71 per cubic yard from January 1, 1992 - June 30, 1992, to be paid by the City or the customer. Approximate cost to the City of $250,000. 5. Extra pickups will be billed to the customer at a rate not to exceed $1.12 cubic yard. 6. Landfill disposal fee to be paid by the hauler and billed to the customer. This fee will be adjusted to prevent the hauler from "profiting" from the disposal fee. At the end of FY 91-92 the City can: 1. Take bids for a long-term franchise. 2. Turn the business over to an open market. 3. Negotiate another short-term contract. 4. Lease-purchase vehicles, hire personnel and go back into the business. Mr. Smith recommended Option 1. Councilmember McBryde moved to follow the recommendation and adopt Option 1, seconded by Councilmember Ross. Councilmember Pillow stated he felt that the third company should not be left out. Councilmember Cheek had several questions concerning sections of the contract and Mr. Smith responded. Ms. Cheek did request that on section 16.3, page 11, concerning the termination by breach by the contractor be changed to add "except upon breach by the contractor or failure to negotiate mutually acceptable terms where required by this contract." Following-the discussion, Mayor Dawkins called for a vote and the motion carried 6 to 3 with Councilmembers Pillow, Evans, and Robertson voting against. At this time Mayor Dawkins reported that Councilmember McBryde's mother's health is improving. Mayor Dawkins also stated he had talked with Congressman Charlie Rose concerning the Transit Mall bill and it has been introduced. 7. Consideration of adoption of FY 91-92 Budget. Mr. Smith stated that the state has adopted a budget and the good news is that the damage done in terms of the fiscal year is not as great as it could have been. He stated that the provisions of the ordinance are as recommended in the Recommended Budget except as follows: 1. State shared revenues are reduced $174,000 to reflect the state budget. 2. Employee pay increases effective September 1 are reduced $174,000 to 3.5 percent from 4.5 percent to offset the revenue loss. 3. The lease-purchase of the tub grinder for composting is removed since the County disposal fee includes yard trash. 4. The fund balance appropriation is reduced to reflect the sale of the Kyle House which was not closed until after July 1. In the detailed accounts, the following changes from the Recommended Budget will be reflected: 1. The budget for outside agencies is reduced for those funds transferred to contingency in accordance with Council action at one of the budget working sessions. 2. The recycling budget is reduced by $250,000 and transferred to commercial garbage collection to pay for the subsidy of collection services during the second half of the fiscal year The second budget ordinance includes the $200,000 for the Drug Enforcement program to be implemented on October 1. Councilmember Cheek moved to adopt the second budget ordinance with the $200,000 shown, but the money be earmarked for the war on drugs and that Council and staff meet over the next three months and develop a spending plan for that program. The motion was seconded by Councilmember Bolton. There was lengthy discussion on the budget. Councilmember Pillow stated he felt that Council had not given this budget the attention that it should be given if it is to be approved. He said that the Public Works Commission's budget nor the Airport budget had been analyzed. Mr. Pillow also stated he feels that PWC should use the same format in their budget as the City. He requested that this format be followed in the future. There was further discussion concerning where the money would come from for the projects. Mr. Smith stated that Councilmember Cheek's motion to adopt budget number two would put the money in the Police Department budget for this drug program and suggested that budget ordinance be adopted and continued to hold the sidewalk funds in abeyance and not allow any expenditure of those funds until such time that a report could come through. Councilmember Cheek amended her motion to follow Mr. Smith's suggestion. Councilmember Bolton seconded the amendment. Further discussion revealed opposition by Councilmember Robertson because of a large percentage going to the Police Department budget only, Mayor Pro-Tem Evans opposed to a Public Defender funding and requesting to see the proposal before voting, Councilmember Torrey stating that he feels sidewalks are needed more at this time, Councilmember Pillow stating that we should not earmark funds for catching the little people. Councilmember Kendrick objected because he feels the private Prosecutor would not help the problem without additional judges. He also feels that this has been presented at the 11th hour and more time needs to be spent studying the budget and projects. Councilmember Ross stated she felt that sidewalks should come first and was concerned with where the money would be coming from for the Drug Program. Councilmember Robertson called for the question and the vote was 9 to 0 to cease debate. Mayor Dawkins called for a vote on the motion by Councilmember Cheek to adopt Budget A with the sidewalk funds held in abeyance and have staff work with a future plan for drug abatement. The motion was seconded by Councilmember Bolton and failed 3 to 6 with Councilmembers Evans, Robertson, Ross, Pillow, Torrey and Kendrick opposed. At this time Councilmember Bolton moved to adopt Budget A and instruct staff to return with a drug program for the future consideration of Council, seconded by Councilmember Cheek. Councilmember Pillow offered a substitute motion to adopt Budget A. The motion was seconded by Mayor Pro-Tem Evans and carried 7 to 2 with Councilmembers Cheek and Bolton voting against. At this time Councilmember Bolton requested staff to return to Council with a drug plan at the next meeting. 8. Appointments: A. Nominations to fill two vacancies on Historic Resources Commission. There were no nominations made to fill the vacancy of Myrtice Coley (W/F) Realtor, Developer or General Contractor Category - Term to October 1992 or for the vacancy of Wade Byrd (W/M) - Historic District Property Owner Category - Term to October 1992. 9. Administrative Reports: A. Statement of taxes collected for the month of June, 1991, from the Cumberland County Tax Collector. Council accepted the statement of taxes collected for the month of June 1991 in the amount of $169,537.39. B. Report on the following: 1. Weetwood Subdivision Multi-Stop Study 2. Foxhall Road - Restricted Parking Councilmember McBryde moved to refer 1 and 2 to Streets and Roads Committee, seconded by Councilmember Robertson and carried unanimously. City Manager John Smith stated that he will be on vacation during the August 5 meeting. At this time Councilmember McBryde moved that the City Manager, City Attorney, Mayor and City Councilmembers receive the same 3 1/2 percent raise that all City employees will receive. The motion was seconded by Councilmember Robertson and carried unanimously. Councilmember Bolton moved to cancel the Information Meeting for July 22, seconded by Councilmember Cheek and carried unanimously. There being no further business, the meeting was adjourned at 9:00 p.m. upon motion and second. Approved August 19, 1991 REGULAR MEETING MINUTES MONDAY, AUGUST 5, 1991 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, AUGUST 5, 1991 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Others Present: Roger Stancil, Assistant City Manager for Operations Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Administrative Assistant to the City Manager Jason Brady, Public Information Officer Bob Bennett, City Engineer Al Mitchell, Assistant City/County Planning Robert Barefoot, Recreation Department Director Louis Chalmers, Traffic Engineer Lois B. Moses, President of Concerned Citizens Group 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 first meeting in August and called on Elder Wayne Gill, Fayetteville United Gospel Fellowship Christian Center on Deep Creek Road to offer the invocation, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Representative of FCCYC for presentation of Youth Week Proposals - Jennifer Denning, President of the FCCYC from Pine Forest Senior High School presented the proposals to the Mayor as a result of the May 5, 1991, Youth Day with government counterparts. Recyclers - Mayor Dawkins presented Certificates of Appreciation for recycling awards to American Refuse Systems, Cohen and Green, Cumberland County Solid Waste, Reid Recycle Company and Waste Industries. This appreciation was for these companies offering assistance to take over the recycling centers to September at no cost to the City. Mayor Dawkins stated that Pope Air Force Base, Colonel Maxwell Bailey, along with Four-star General H.T. Johnson, Head of Military Airlift Command (MAC) forwarded an award to the City of Fayetteville for outstanding volunteer services during the Operation Desert Shield/Desert Storm. At this time Mayor Dawkins expressed sympathy to the family of Tom McCoy, who passed away July 27. Mr. McCoy had served 11 years on the Public Works Commission. The Mayor stated that the City was thankful for his contributions to the City. Mayor Dawkins stated that City Manager John Smith is on vacation and Assistant City Manager for Operations, Roger Stancil, will be making presentations in his absence. 1. Approval of Agenda Assistant City Manager Roger Stancil requested that consent items 2d, e and f, should read "set public hearing for September 3, 1991, to consider . . . " instead of "approval of". Mr. Stancil also requested that consent item 2k, Planning Board Case No. P91-75 be moved to Planning Board Matters as item 4c and to remove item 16c from the agenda, since this is traditionally filled by the PWC chairman. Mr. Stancil also requested an executive session for litigation at the end of the meeting. Councilmember McBryde moved to approve the agenda with the changes as requested, 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. Councilmember Robertson requested to pull item 2p.2. City Attorney Cogswell requested that a correction to the minutes on item 2b of July 1, item 13, third line from the bottom showing the amount of condemnation settlement. Mr. Cogswell stated this should read "$4,825.00" instead of "$4,800.25." Councilmember McBryde moved to approve the consent agenda with the exception of item 2p.2 and with the correction on item 2b. After a second from Councilmember Bolton, the consent agenda and following items were unanimously approved. A. Approval of minutes of information meeting of June 24, 1991. B. Approval of minutes of regular meeting of July 1, 1991. C. Approval of minutes of special meeting of July 8, 1991. D. Approval of the rezoning from C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 986 Shaw Mill Road. (P91-64) E. Approval of an application by Wilbur Dees for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, section 32-23, to operate a private tennis club in an R10 Residential District for an area located on the west side of Fargo Drive and the north side of Sandhill Drive. (P91-66) F. Approval of an application by Village Surgical Investors, Inc., for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-23, Item (1a) to allow automobile off-street parking in an R10 Residential District for an area located south of Dartmouth Drive, west of Colgate Drive. (P91-69) G. Approval of the initial zoning to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the east side of Ireland Drive, south of Raeford Road. Being all of annexation No. 91-05-340, known as "Ireland Properties, Inc., property, Cross Creek Distribution Center (formerly known as Alliance Group of Fayetteville, Inc.) property" (P91-71) H. Approval of the initial zoning to M2 Industrial District or to a more restrictive zoning classification for an area located on the north side of U.S. Highway 301/I-95 Business Service Road, west of Middle Road (SR 1728). Being all of Annexation No. 91-05-341, known as "Larry's Sausage Company Property." (P91-72) I. Approval of the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located on both sides of the proposed extension of Hilliard Drive north of Rockport Drive. Being all of Annexation No. 91-05-342, known as "Country Club North, Section 6, Part A." (P91-73) J. Approval of the initial zoning to PND Planned Neighborhood District or to a more restrictive zoning classification for an area located north of Shawcroft Road, west of Guildhall Place. Being all of Annexation No. 91-05-343, known as "King's Grant Portion of Section 5, Part A." (P91-74) K. (Moved to item 4c) L. Adoption of demolition ordinance for property located at 218 South Lucas Street (Owner: Herbert C. Cummings). AN ORDINANCE 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. NS1991-034. A copy of the foregoing ordinance, is on file in the Clerk's office in Ordinance Book NS1991. M. Set public hearing for August 19, 1991, to consider a petition for 25 Miles Per Hour Speed Zone for Shawcroft Road. N. Approval of revisions to Section 20-106, Schedule 14 - Yield Right-of-Way. AN ORDINANCE AMENDING SECTION 20-106. MOTOR VEHICLES AND TRAFFIC (CAPE COURT). ORDINANCE NO. NS1991-035. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. O. Approval of proposed loading zone (Gillespie Street - Southeast Corner Franklin Street). AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE No. 10-LOADING ZONES). ORDINANCE NO. NS1991-036. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. P. Approval of bids for the following projects: 1. Sidewalk Construction - Project ƒB10-397-90: Cool Spring Street, Southern Avenue, Person Street and Whitfield Street. Awarded contract to low bidder, McDonald Grading Company, Inc., in the amount of $239,583.50. The contract has a completion date of December 20, 1991, with a liquidated damage charge of $100.00/day. The totals of all bids are listed as follows: NAME BID McDonald Grading. Inc. $239.583.50 Nortex Construction Services, Inc. $239,597.00 Bunce Construction Company $241,521.80 Autry Grading. Inc. $269,443.00 2. (Pulled for discussion) O. Adoption of fee schedule for copies of maps, plats and plans. FEES FOR COPIES OF MAPS, PLATS AND PLANS DESCRIPTION PRICE* Small City Map 36" x 44" $4.00 Medium City Map 43" x 54" $5.00 Large City Map 82" x 84" and Booklet $20.00 Topographic Map (Print) 24" x 36" $8.00 Paving Plans $3.00 Plants, 24" x 36" $3.00 Plants 1/2 Sheet 18"x 24" $2.00 Prints, 8-1/2" x 11" $.25 Prints, 8-1/2" x 14" $.30 Postage & Handling As Needed *Includes 6 percent Sales Tax R. Adoption of Capital Project Ordinance Amendment 92-3. The Fayetteville Regional Airport has completed the formulation of estimated cost for the AIP-12 project as required for submission of the grant application to FAA. The final project formulation totals $4,087,222.00 with the following distribution of revenue: Federal in the amount of $3,674,000.00, State in the amount of $204,111.00 and local in the amount of $209,111.00. S. Approval of drainage easement across PWC Arran Park Electrical Substation requested by N.C. Department of Transportation. (PWC) T. Approval of bid award for purchase of seven Three-Phase Metering Transformers to General Electric Supply Company, low bidder in the amount of $80.983.00. (PWC) Bids received were as follows: NAME BID General Electric Supply $ 80,983.00 Raleigh, NC Tennessee Valley Electric $ 80,985.10 Charlotte, NC Eastern Electric Supply $ 81,781.00 Rocky Mount, NC Power and Telephone Supply $ 81,819.64 Nashville, TN HESCO, Inc. $ 82,583.34 Smithfield, NC Mill Power Supply $ 82,600.00 Kinston, NC Westinghouse Electric Supply $150,080.00 Raleigh, NC U. Adoption of resolutions authorizing the lease of garbage collection equipment. RESOLUTION AUTHORIZING LEASE OF CITY OF FAYETTEVILLE PROPERTY (WASTE INDUSTRIES, INC.). RESOLUTION NO. R1991-064. RESOLUTION AUTHORIZING LEASE OF CITY OF FAYETTEVILLE. PROPERTY (AMERICAN REFUSE SYSTEMS, INC.). RESOLUTION NO. R1991-065. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1991. V. Approval of sale of Anderson Street Library Site. There were no upset bids following advertisement and the Anderson Street library site is sold to the First Baptist Church for the sum of $85,000.00. W. Approval of sale of land crossing a private street; R.C. Brown property. There being no upset bids following advertisement, the 42.8' x 53.47' area is sold to R.C. Brown for the amount of $10. X. Approval of renewal of lease of Barge's Tavern to Fayetteville Area Convention and Visitor's Bureau. RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY (BARGES TAVERN). RESOLUTION NO. R1991-066. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. Y. Approval of removal of lien for lot cleaning of Susan McLeod in the amount of $340.00 located on Arbor Road. Z. Referral to Joint Planning Board the proposed amendments to subdivisions and zoning ordinances; vested rights. AA. Approval of fireworks permit for J.P. Riddle Stadium. 2p2. Paving of various streets - Project No. B07-394-90: Redstone Drive, Dillon Drive, Wimdemere Drive, Coronado Parkway and Jarvis Street. Awarded contract to McDonald Grading Company, Inc., in the amount of $551,307.50. Bids received were as follows: NAME BID McDonald Grading Co., Inc. $551,307.50 Autry Grading, Inc. $582,422.35 Croll Constructors, Inc. $602,429.30 Barnhiil Construction Co., Inc. $665,804.65 Councilmember Robertson stated he felt the liquidated damage of $100.00 per day for failure to complete the project was not enough and asked if this could be negotiated. City Attorney Cogswell advised him this could only be done by readvertising for bids. Councilmember Robertson moved to award the contract to McDonald Grading Co., Inc., in the amount of $551,307.50 as recommended, seconded by Councilmember Pillow and carried unanimously. 3. Public Hearings: Mayor Dawkins read the policy for the time limit on public hearings. A. Consideration of adoption of a resolution for the paving (without petition) of Dallas Street between Southern Avenue and Owen Drive. This item was presented by City Engineer Bob Bennett stating this was the advertised public hearing and since mailing out the notices of the public hearing, the City has received three letters in opposition. They are from Addie Wingate, owner of 405 Dallas Street; Josephine Jarman and W. Hubert Jarman, 210 Dallas Street; and from Katie J. Matthews, 206 Dallas Street. Mr. Bennett recommended adoption of the resolution. The public hearing was opened at 7:23 p.m. and appearing in favor was Donna M. Purdew, 200 Dallas Street stating they have a constant drainage problem and requested that the City approve the improvements project of this street. Speaking in opposition was Nova Lee Goetz, 2201 Progress Street, stating she did not feel she could afford this improvement. There being none further to be heard on this matter, the public hearing was closed at 7:26 p.m. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF DALLAS STREET BETWEEN SOUTHERN AVENUE AND OWEN DRIVE. RESOLUTION NO. R1991-067. Councilmember Kendrick moved to adopt the foregoing resolution seconded by Councilmember Pillow. Mayor Pro-Tem Evans requested that the City Attorney review the payment policy for assessments, and Mr. Cogswell complied. Following further discussion 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 R1991. B. Consideration of petition for reduction of speed limit on Browns Lane. This item was presented by Traffic Engineer Louis Chalmers stating they have received a petition signed by all six residents on Browns Lane for a 25 mile per hour speed zone and recommended adoption of the ordinance. This is an advertised public hearing for this date and hour. The public hearing was opened at 7:30 p.m. and there being none to speak in favor or opposition, the public hearing was closed. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL). ORDINANCE NO. NS1991-037. Mayor Pro-Tem Evans 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 NS1991. C. Consideration of adoption of a resolution to close two portions of Old Mintz Mill Road. This item was presented by City Engineer Bob Bennett stating this is an advertised public hearing and all property owners have been notified. Mr. Bennett stated these portions of Old Mince Mill Road have not been opened for public use for more than a decade and recommended they be closed. Councilmember Cheek asked Mr. Bennett if the City owns the right-of-way, and Mr. Bennett responded there is no record that it has ever been dedicated. The public hearing was opened at 7:35 p.m. and there being none to speak in favor or in opposition, the public hearing was closed. RESOLUTION AND ORDER CLOSING TWO PORTIONS OF OLD MINCE MILL ROAD. RESOLUTION NO. R1991-068. Councilmember Bolton introduced the foregoing the 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 Resolutions Book R1991. 4. Planning Board Matters: A. Consideration of the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 405 Barrington Cross. (P91-62) This item was presented by Al Mitchell stating the Planning Board recommends approval of the rezoning request. Mayor Pro-Tem Evans asked Mr. Mitchell for the Planning staff's recommendation. He responded that the staff recommends denial of the request of rezoning to P2 Professional District based on the fact that approval of this rezoning would represent further encroachment of non-residential uses into a residential area and that the 1978 Land Use Policies Plan calls for medium density residential at this location. Councilmember Cheek moved to set a public hearing for September 3, seconded by Councilmember Kendrick. Councilmember Ross offered substitute motion to rezone the area as requested, seconded by Councilmember Torrey. Following discussion Mayor Dawkins called for a vote, and the motion carried 5 to 4 with Councilmember Kendrick, Evans, Robertson, and Cheek voting in opposition. This item will be placed on the next Council agenda for a second reading. B. Consideration of the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located on the north side of Cliffdale Road (SR 1400), east of Chambrian Drive. Being all of Annexation No. 91-06-346, known as "PWC Point of Delivery No. 3."' (P91-76) This item was presented by Al Mitchell, Assistant Planning Director, stating that this item should have been placed on the consent agenda because it was a unanimous decision by the Planning Board to initially zone this area and there was no opposition. Councilmember Robertson moved to approve the initial zoning as requested seconded by Councilmember Cheek and carried unanimously. C. Approval of the initial zonings to M2 Industrial District or to more restrictive zoning classifications for areas located on the east of the intersection of SR 1723 (Murphy Road) and SR 1724 (Cook Road). Being all of Annexation Nos. 91-06-344 and 91-06-345, known as "PWC Point of Delivery No. 2, Tract A and Tract B." (P91-75) This item was presented by Assistant Planning Director Al Mitchell stating there had been no formal appeals to these initial zonings, although there was opposition at the public hearing. Councilmember Kendrick asked PWC Manager Tim Wood if any of the problems have been addressed by PWC. Mr. Wood responded that most of the complaints received were because the generator plant was there, but it has been there for several years. Mayor Pro-Tem Evans moved to approve the initial zonings as recommended, seconded by Councilmember Pillow and carried unanimously. 5. PWC Matters: A. Consideration of approval of bid award for purchase of cab & chassis with aerial lift mechanism to Baker Equipment Company (low bidder meeting specifications). This item was presented by PWC Manager Tim Wood stating the low bidder did not meet specifications. Baker Equipment Engineering offered two bids with the lowest bid being an alternate bid. However the delivery date would be 180 days; therefore, they are requesting the award be made to Baker Equipment Engineering in the amount of $101.266.00 with a delivery date of July 31. Bids received were as follows: VENDOR TOTAL COST DELIVERY USI Equipment Corp. $ 93.901.00 180-120 days Charlotte. NC Baker Equipment $ 98,545.00 180 days Engineering Richmond, VA Baker Equipment $101,266.00 July 31, 1991, if Engineering PO is received before July 18, 1991 Councilmember Kendrick moved to award the bid to Baker Equipment Engineering in the amount of $101,266.00 as low bidder meeting specifications. The motion was seconded by Councilmember Ross and carried unanimously. PWC staff was excused at this time. 6. Request to appear before City Council by Lois B. Moses, President, Concerned Citizens Group. Ms. Moses stated she was speaking for Haymount, Savoy Heights, and surrounding communities requesting a curfew and prosecutor. Ms. Moses stated that speaking out on matters of drugs and crime has caused vandalism to her home but she feels this is not just a law enforcement problem. Ms. Moses stated they also need a work program to put the offenders on the street doing projects to benefit the neighborhood. She stated their neighborhood watch was not active at this time but they are trying to get it reinstated. Ms. Moses introduced Elizabeth Passacantando and Ms. Jessie Broadnax, who are also neighborhood spokespersons. Councilmember McBryde asked Ms. Passacantando if she had anything to add to Ms. Moses' comments. Ms. Passacantando, 1101 Arsenal Avenue, stated that she was a County employee and a single parent and has watched her Haymount home deteriorate in the last four years due to the drugs and crime in the neighborhood. She stated her children are not safe to ride bicycles, walk to a friend's house, or wait for the school bus. She stated she has witnessed drug deals in her front yard, gun shots are heard frequently, and they as property owners would like to assist in solving the problems. Councilmember McBryde asked Ms. Jessie Broadnax if she had anything to add to this presentation. Mrs. Broadnax stated she lives at 1111 Morgan Street. She stated she feels that the curfew law would work. She also feels that the parents should assist in checking on the juveniles. Councilmember McBryde also asked Irene Powell if she had any input on this matter. Ms. Powell stated she lives on Bradford Avenue and is concerned with the drug dealers on Branson Avenue and Ellis Street. Ms. Powell requested that the anti-loitering law be enforced. Ms. Moses concluded by announcing that there would be a rally and march on August 10 in their neighborhood, and they do have regular neighborhood meetings. Councilmember Ross added that they have observed large and expensive automobiles in the areas making drug connections. She requested that PWC consider more lighting in the area because it was difficult for the citizens to obtain license tag numbers in the dark. Mayor Dawkins thanked the citizens for their presentation. 7. Discussion of anti-drug program. This item was presented by Assistant City Manager Roger Stancil stating that at the last Council meeting, Council instructed staff to place this item on the next Council agenda and be prepared to make recommendation as to how to begin formulating a strategy. He stated the City is already attacking the problem on a multi-level basis; however, they are recommending that a task force be appointed with constituents from several groups affected by this drug problem. This task force should be charged with reviewing existing programs, identifying unmet needs, and making recommendations to the City Council regarding activities which City government should undertake in addition to or in lieu of currant programs. This task force should be carefully selected and a strong commitment of staff support made. Mr. Stancil offered a proposal that Council authorize the Mayor to appoint a citizens' committee of ten to twelve members. This committee could be named Street Crime Action Plan Commission (SCRAP Commission). The mission of this commission would be to develop a comprehensive study and action plan to combat street-level crime and report back in 60 to 90 days to Council. They should consider education, recreation, alternative sentencing, treatment, rehabilitation and enforcement. Councilmember Bolton moved to authorize the Mayor to appoint this commission as recommended, seconded by Councilmember McBryde. Following lengthy discussion concerning who should be represented on this commission and requests for liaison members to be appointed from the County and to the County's task force, Mayor Dawkins called for a vote on the matter and it carried unanimously. At this time the Mayor recognized Judge Maurice Braswell, former Superior Court Judge and former member of the North Carolina Court of Appeals, present in the audience with this group in support of the anti-drug program. 8. Consideration of alternative redistricting plans. This item was presented by City Attorney Bob Cogswell stating that he feels it is time for Council to begin the process of redistricting. He stated Council needs to decide what they want and set a public hearing by resolution specifying which redistricting plan and then amend the Charter. Following lengthy discussion, Mayor Pro-Tem Evans moved to have the consultants attend the August 26 Information Meeting on the 6-3 Member Plan. The motion was seconded by Councilmember Robertson and carried 7 to 2 with Councilmembers Ross and Torrey voting against. There was further discussion concerning the setting of the public hearings. Councilmember Bolton moved to have the City Attorney present resolutions setting public hearings for redistricting plans for 7-2 Members, 7-3 Members, and 9-Member in the next agenda. The motion was seconded by Councilmember Kendrick and carried 7 to 2 with Councilmembers Torrey and Ross voting against. 9. Consideration of Capital Parks Improvement Project for FY91-92. This item was presented by Robert Batefoot, Director of Parks and Recreation, stating that the Capital Improvement Fund has $130,000.00. Plans for improvement projects as reviewed and approved by Council in the fiscal year 91/92 Budget consists of Lamon Street Park in the amount of $120,000.00 and the parks matching fund of $10,000.00. Councilmember Kendrick moved to approve the Capital Parks Improvement Project as recommended seconded by Mayor Pro-Tem Evans. The motion carried 8 to 1 with Councilmember Torrey voting against. 10. Consideration of a request by Weaver Development Company, Inc., for submission of a bond for the estimated amount of corrective drainage and street work in the Homewood Subdivision. This item was presented by City Engineer Bob Bennett stating he recommends acceptance of these streets upon the condition that submission of a bond or letter of credit acceptable to the Engineer and all necessary street work to be completed and approved by the City Engineer with 120 days of submission of the bond. Mr. Bennett explained that Council had previously approved this but the ownership has recently changed hands. The new owner is ready to begin work on the subdivision and has requested that all of the improvements be placed under bond. Councilmember McBryde moved to approve subject to the conditions as recommended, seconded by Councilmember Bolton and carried 8 to 1 with Councilmember Torrey voting against. At this time Councilmember Kendrick moved to have the Council's Policy Committee review accepting non-standard streets under City maintenance and present a proposed policy. The motion was seconded by Councilmember Torrey and carried 8 to 1 with Councilmember Bolton voting against. 11. Consideration of a request by 3701 Investments for City acquisition of right-of-way to improve Blanton Road, south of U.S. 401 By-Pass (Pamalee Drive). This item was presented by Assistant City Manager Roger Stancil stating that City Manager John Smith had recommended that Council approve getting appraisals and then staff can bring back to Council the total cost of the project. Councilmember Bolton stated that the developer ia under a definite time constraint on this project. Mr. Bolton moved to get appraisals at the earliest possible time, seconded by Councilmember McBryde and carried unanimously. 12. Report from Streets and Roads Committee. A. Westwood Subdivision Multistops Councilmember Kendrick, Chairman of the Streets, Roads and Transportation Committee, reported on this item and moved to set a public hearing for August 19 on Weetwood Subdivision Multistops, seconded by Councilmember Bolton and carried unanimously. B. Owen Drive Drainage This item was presented by Councilmember Kendrick, Chairman of the Streets, Roads and Transportation Committee, with a recommendation that the City Engineer review tile North Carolina Department of Transportation report on the drainage problem on Owen Drive. Councilmember Robertson moved to initiate the engineering study seconded by Councilmember Bolton and carried unanimously. C. Tree Planting Proposal This item was presented by Councilmember Kendrick, Chairman of the Streets, Roads and Transportation Committee, with a motion to adopt the amendments and approve Gateway projects as recommended seconded by Councilmember Pillow and carried unanimously. Councilmember Cheek requested to refer the updating of City Gateway Improvement projects to the Streets and Roads Committee. Council was in agreement. The preliminary cost estimates of the Gateway Landscaping Projects are as follows: Bragg Boulevard Median (at US 401 By-pass Bridge) America the Beautiful Grant $3,000.00 Fayetteville RELEAF Program 5,350.00 Project Total $8,350.00 Highway 301 South (Cape Fear River to Cross Creek) America the Beautiful Grant $ 3,000.00 Fayetteville RELEAF Program 3,000.00 Private Contributions 11,630.00 Project Total $17,630.00 Intersection of Grove Street and Cedar Creek Road Project Total $15,950.00 D. Restricted Parking - Foxhall Road This item was presented by Councilmember Kendrick, Chairman of the Streets, Roads and Transportation Committee, stating that if the residents of Foxhall wanted restricted parking they would need to petition for it. Council took no action. E. Resurfacing List Councilmember Cheek moved to approve the proposed list with a change of extending paving Skye Drive for the entire three block length instead of one block. There was no second to the motion. Following some discussion Councilmember Kendrick moved to approve the proposed street resurfacing list and instructed Engineering staff to return to Council with figures for the cost to pave the remaining portion of Skye Drive, seconded by Councilmember Ross and carried unanimously. A copy of the proposed street resurfacing list is attached hereto and made a part of these minutes. 13. Consideration of amendment to FY 1991-1992 CDBG Program. This item was presented by Assistant City Manager for Operations Roger Stancil with a recommended action for approval of the amendment and authorization of expenditure of fund from the Council Contingency Fund for Hay-Branson Feasibility Study. Councilmember Robertson moved to approve the amendment and authorization of expenditure of funds as recommended seconded by Councilmember McBryde and carried 8 to 1 with Councilmember Kendrick voting against. 14. Consideration of an amendment to C2 (Downtown Business District) to allow limited light industrial use. This item was presented by Assistant City Manager for Operations Roger Stancil with a recommendation to refer this item to the Joint Planning Board. Mayor Pro-Tem Evans moved to follow the recommendation seconded by Councilmember Cheek and carried unanimously. 15. Discussion of requirements for putting garbage collection out for bid. (Requested by Councilmember Mildred Evans) This item was presented by Assistant City Manager for Operations Roger Stancil with the staff's proposal to appoint an administrative task force to work with City staff. This task force would include representatives from local businesses affected by whatever decision the City ultimately makes. They would meet with current haulers to assist City administration in monitoring the current contracts. They would also review options for long-term solutions and assist in developing specifications for service. Mayor Pro-Tem Evans moved to have staff come up with specifications involving as many companies as possible, so that we can be prepared to award this contract by January 1. The motion was seconded by Councilmember Robertson. Councilmember Cheek offered a friendly amendment to the motion to add that staff also present a study of the free market and other alternatives, Councilmembers Evans and Robertson accepted the amendment. The motion carried 8 to 1 with Councilmember Ross voting against. 16. Appointments: A. Nominations to fill two vacancies on Historic Resources Commission. Councilmember Cheek nominated Mr. Robert (Ranny) Nimocks (W/M) for the realtor category. B. Nominations to fill one vacancy on Public Works Commission. Councilmember Kendrick nominated Bobby McCoy, to fill the unexpired term of his brother, Tommy McCoy, to June 1994. Councilmember Cheek nominated Mrs. Terri Union (W/F). C. (Pulled from agenda) 17. Administrative Reports: A. Statement of settlement of current taxes from Cumberland County Tax Collector. This settlement is required under the provisions of General Statute #105-373(A) (3). This covers the period from July 1, 1990, through June 30, 1991. Charge: Charge 1990 $16,009,922.15 Added Charge 1990 516,166.18 Total Interest Collected 81,391.48 $16,607,479.81 Credits: Deposit with Finance $15,678,190.05 Interest Deposited with Finance 81,391.48 $15,759,581.53 Releases Allowed $205,391.98 Real & Personal Balance 642,506.30 Adjustment 0.00 $847,898.28 Charge: Real & Personal Balance 1989 $382,632.07 Real & Personal Balance 1988 115,069.34 Real & Personal Balance 1987 & Prior 127,981.22 Barred by Statute 1977 Bills 0.00 Collected $625,682.63 Barred by Statute: Barred by Statute $2,606.07 Credit for Five Year & Prior 0.00 Insolvents $2,606.07 Credits: Real & Personal Collected 1989 $242,245.37 Real 7 Personal Collected 1988 43,606.88 Real & Personal Collected 1987 & Prior 12,791.26 Releases Allowed 1989 6,349.61 Releases Allowed 1988 816.45 Releases Allowed 1987 & Prior 1,568.40 Real & Personal Balance 1989 134,037.09 Real & Personal Balance 1988 70,646.01 Real & Personal Balance 1987 & Prior 111,015.49 Adjustment 0.00 $623,076.56 B. Update on Winslow Street Bridge. C. Update on disposal of surplus property of minimal value 18. Consideration of acquisition of property and litigation. (Executive session) Councilmember Bolton moved to enter Executive Session for acquisition of property and litigation at 10:10 p.m. seconded by Councilmember Kendrick and carried unanimously. Council reconvened at 10:35 p.m. and there being no further business, the meeting was adjourned upon motion and second. Approved September 16, 1991 1992 PROPOSED STREET RESURFACING LIST PART A - MILLING AND RESURFACING 1. ARSENAL AVE (*) BROADFOOT AVE. MYROVER ST 2. BEECH ST ROGERS DR LAUREL ST 3. BRADFORD AVE HAY ST BRANSON ST 4. B ST (X) RUSSELL ST PERSON ST 5. BEAL ST EASTERN BLVD PEPSI LN PART B - STREETS WITH ENGINEERING FABRIC OVERLAY 1. OLD MCPHERSON CHURCH RD (X) MCPHERSON CHURCH RD END OF PVMT PART C - RESURFACING ONLY 1. NORTH ST (*) WALL ST R/R TRACE 2. WALL ST (*) RAMSEY ST NORTH ST 3. N. EDGEWATER DR DUNBAR DR FOXHALL RD 4. AUSTIN DR (X) CRAFT ST END 5. SIMMONS ST MANN ST OLD WILMINGTON RD 6. DRAYTON RD SHANNON DR ORCHARD DR 7. COINS DR CHNG PVMT END PVMT 8. ORCHARD DR DRAYTON RD ROGERS DR 9. WOODBINE AVE CAIN RD SPRUCE ST 10. SPRUCE ST WOODBINE AVE STAMPER RD 11. FLORIDA DR TOKAY DR WISCONSIN DR 12. BESSEMER CIR CORRINNA ST CUL-DE-SAC 13. SKYE DR SUMMERTIME RD SKYE PL 14. LONGLEAF DR CROSS ST DEAD END 15. UNIVERSITY AVE MURCHISON RD END PVMT 16. CAMP GROUND RD CHNG PVMT NIX RD 17. SWANN ST TRYON DR WIESKOFF CT 18. SUMMERTIME RD SKYE DR CHNG PVMT 19. LOCKWOOD DR CHURCHILL DR CUL-DE-SAC 20. LOCKWOOD CT LOCKWOOD DR CUL-DE-SAC 21. HUMPHREY LN ROBESON ST CURRIE ST 22. WAYNE LN VILLAGE DR MADISON AVE 23. FONTANA ST CUMBERLAND ST S. MONAGAN ST 24. FONTANA ST N. MONGANA ST BOUNDARY LN 25. WESTHAVEN DR WESTVIEW DR CUL-DE-SAC 26. ACORN ST STAMPER RD SPRUCE ST 27. LAMB ST MORGANTON RD DEAD END 28. COKER ST (1) AUSTIN DR BRENDA DR 29. HULON ST CARY ST GRADNER ST 30. THORNCLIFF DR HUNTINGTDN RD CUL-DE-SAC 31. MANDALAY ST ST. MARY'S PKWY DEAD END 32. TALLY-HO WILLIAM CLARK RD TALLY DR 33. TALLY DR BRAGG BLVD TALLY-HO 34. FABER ST ROXIE AVE MADISON AVE 35. MARLBOROUGH RD RAEFORD RD VILLAGE DR (*) LAST YEAR'S LIST (X) QUESTIONS Item 12E 8-5-91 REGULAR MEETING MINUTES MONDAY, AUGUST 19, 1991 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, AUGUST 19, 1991 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (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: Joseph Pillow (District 3) Others Present: John P. Smith, City Manager Roger Stancil. Assistant City Manager for Operations John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Administrative Assistant to the City Manager Jason Brady, Public Information Officer Jerry Howland, Engineer II, City Al Mitchell, Assistant City/County Planning Tim Wood, PWC Manager Ken Fanfoni, PWC Director of Water/Sewer Utilities Kevin Christmas, PWC Superintendent of Water Treatment Kai D. Nelson, Finance Director Elmer Floyd, Human Relations Director Louis Chalmers, City Traffic Engineer 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 Reverend Larry Poole, C & Adams Street Church of God to offer the invocation, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins wished his mother, Lucille Dawkins in Florida, a happy 78th birthday today. Mayor Dawkins documented that Councilmember Joe Pillow had asked for and received an excused absence from tonight's meeting. 1. Approval of Agenda Councilmember Bolton moved to approve the agenda as submitted, seconded by Councilmember McBryde and carried unanimously by voice vote. 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 Items A., C.1., part 1 and I. for discussion. Councilmember Torrey requested to pull Item K. and Councilmember Kendrick requested to pull Items B. and C.1., part 2. Mayor Pro-Tem Evans moved to approve the consent agenda with the exception of Items A., B., C.1. and 2., I. and K. After a second from Councilmember McBryde, the consent agenda and following items were unanimously approved. A. (Pulled for discussion) B. (Pulled for discussion) C. Approval of the following Finance matters: 1. (Pulled for discussion) 2.. Adoption of Capital Project Ordinance Amendment 92-4. This item is interrelated with No. 3, CPO 92-1, below. 3. Adoption of Capital Project Ordinance Closeout 92-1. This item is interrelated with No. 92-4. Essentially the balance of an incomplete project is being moved from the Fifteenth Year Community Development Block Grant (CDBG) to the Sixteenth Year CDBG. The amendment appropriates no additional funds and has net effect of zero. This action also allows the closeout of the Fifteenth Year CDBG projects to be expedited. D. Adoption of resolution authorizing advertisement of sale of City surplus property between Davis Court and C.B.D. Loop. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1991-069. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. E. Award of contract for purchase of 100, 50 kVA Padmount Transformers to Hesco, Inc., in the amount of $115,000.00 and 20, 75 kVA Padmount Transformers to Eastern Electric in the amount of $26,560.00, low evaluated bids. (PWC) Bids received are attached to and made a part of these minutes. F. Award of contract for purchase of 60,000' of 4/0 Aluminum Underground Triplex Cable to Rigby Electric in the amount of $55,400.00, low bidder. (PWC) Bids received were as follows: Vendor Total Bid Delivery Rigby Electric $55,400.00 Stock/7-10 days Rocky Mount, NC Mill-Power Supply $55,400.00 Stock/6 weeks Kinston, NC Power & Telephone $55,588.80 Stock (subject Nashville, TN to prior sale) Wesco $55,740.00 Stock/8 weeks Raleigh, NC Elite Electric $55,800.00 Stock Charlottesville, NC Eastern Electric $55,800.00 4-6 weeks Rocky Mount, NC Hesco, Inc. $57,246.00 2-4 weeks Smithfield, NC Tennessee Valley $57,540.00 4-6 weeks Charlotte, NC G. Award of contract for purchase of twelve 25.8kV Power Circuit Breakers for County Park and Raeford Road Substations to Hesco, Inc., in the amount of $265,020.00 low bidder. (PWC) Bids received were as follows: Vendor Unit Price Total Cost Hesco, Inc. $22,085.00 $265,020.00 Eastern Electric $22,625.00 $271,500.00 (alternate bid) Eastern Electric $22,898.00 $274,776.00 ABB Power $25,608.00 $308,256.00 H. Award of contract for purchase of forty-two Prestresed Concrete Poles, to Sherman Utility Structures, Inc., in the amount of $170,165.00 low bidder. (PWC) Bids received were as follows: Sherman Utilities Structures, Inc. $170,165.00 Birmingham, AL Rayshore Concrete Products Corp. $170,696.00 Cape Charles, VA I. (Pulled for discussion) J. Approval of appointment of Faye S. Parrish as Fayetteville City Tax Collector. 2.A. Approval of minutes of regular meeting of July 15, 1991. Councilmember Cheek requested that the vote on Item 7 on Page 6 in the fourth paragraph be shown. The motion failed 3 to 6 with Councilmembers Evans, Robertson, Ross, Torrey, Pillow, and Kendrick voting in opposition. Councilmember Ross requested that her reason for voting in opposition be shown in the minutes in the second paragraph of page 6. Councilmember Ross stated she felt that sidewalks should colme first and was concerned with where the money would be coming from for the Drug Program. Councilmember Cheek moved to approve the minutes of the July 15, 1991, meeting as amended, seconded by Councilmember Ross and carried unanimously 8 to 0. 2.B. Approval of requests for tax refunds. Councilmember Kendrick stated that on No. 6 of the tax refunds to Mr. William S. Collins shows a Spring Lake address. He moved to approve the tax refunds 1 through 19 with the deletion of No. 6. The motion was seconded by Councilmember Ross and carried unanimously 8 to 0. 1. Tax refund in the amount of $164.98 to James D. Coughenhour - correct tax district to Bonnie Doone. 2. Tax refund in the amount of $134.73 to Priscilla M. Leggett - double listed 1986 Dodge. 3. Tax refund in the amount of $4,605.43 to Texfi Industries, Inc. - taxpayer listed incorrectly per audit 4. Tax refund in the amount of $30.06 to David L. White - illegal taxi military non-resident. 5. Tax refund in the amount of $23.83 to Cape Fear Travel, Inc. - listed a 1982 Olds in error. 6. Tax refund in the amount of $7.27 to Alpheus G. Ford - taxpayer listed 1976 Cadillac in error. 7. Tax refund in the amount of $41.09 to Jack Freeman - taxpayer listed 1972 RV in error. 8. Tax refund in the amount of $98.08 to General Nutrition Center - taxpayer incorrectly listed per audit. 9. Tax refund in the amount of $51.38 to Donald W. Jones - taxpayer listed 1984 Lincoln in error. 10. Tax refund in the amount of $58.33 to James H. McCallum - taxpayer listed 1985 Cadillac in error. 11. Tax refund in the amount of $95.89 to Metro Products and Constriction - charged with wrong value, should be $106,230.00, lowered value for two each concrete bodies. 12. Tax refund in the amount of $63.47 to Mid State Adv., Inc. - two each 1988 utility trailers double listed. 13. Tax refund in the amount of $55.62 to Thomas H. Moore - taxpayer listed 1984 boat package in error. 14. Tax refund in the amount of $53.55 to Ernest L. Richardson - vehicles charged on bill No. 2556161. 15. Tax refund in the amount of $70.26 to Systel - listed equipment in error - lease expired prior to 1/1/90. 16. Tax refund in the amount of $21.23 to Joyce Ann Tippitte - illegal tax: 1984 Olds located in Mecklenburg County. 17. Tax refund in the amount of $1.07 to James B. Wilkins, Jr. - 1975 UT and 1970 UT charged on bill No. 2419016. 18. Tax refund in the amount of $23.14 to Michael D. Yuzakewich - taxpayer listed 1985 Pontiac in error. 2C.1. Adoption of Capital Project Ordinances 92-2 through 92-5. Councilmember Cheek questioned 92-5 dealing with Juvenile Restitution Program for FY 1992 which appropriates $39,576.00. Mrs. Cheek asked for explanation on the funding and who would be administering this. Finance Director Kai Nelson responded that the Police Department would be administering the grant through the Department of Social Services and a local match is provided by the County. Councilmember Cheek moved to approve the Capital Project Ordinances No. 92-2, 4, and 5. The motion was seconded by Councilmember Bolton and carried unanimously 8 to 0. CPO 92-2 - The City has been awarded a Rental Rehabilitation Grant in the amount of $33,000.00 from the U.S. Department of Housing and Urban Development (HUD). The purpose of the project is to improve the rental housing stock affordable to lower income families. CPO 92-4 - This ordinance establishes a Capital Project for Parking Improvements in the downtown area. Funding is provided by transfers from the Parking and Central Business District funds. CPO 92-5 - The City has been awarded a grant from the North Carolina Department of Human Resources (NCDHR) to fund the Fayetteville/Cumberland County Juvenile Restitution Program for FY 1992. The project appropriation totals $39,576.00. Funding is provided by the NCDHR ($35,978.00) and Cumberland County ($3,598.00). CPO 92-3 - This ordinance establishes two Capital Projects ($955,856.00 in total) for Street Construction and Street Resurfacing in the amounts of $700,000.00 and $255,856.00, respectively. Funding is provided by the 1991 Powell Bill distribution. This action was forecasted in the City's adopted budget for FY 1992. Councilmember Kendrick asked if this is new resurfacing construction. City Manager John Smith responded this is basically appropriation of the additional Powell Bill money to the construction and resurfacing ordinance. The project ordinance itself does not differentiate. Councilmember Kendrick moved to approve the foregoing CPO 92-3, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. 2.I. Award of contract for Rockfish Creek WWTP Expansion to low bidders for general, HVAC, electrical and plumbing projects. (PWC) Councilmember Cheek asked PWC Manager Tim Wood to give a brief elaboration of the bid process and some information on the successful bidders since this is such a major project. Mr. Wood responded that the total bids on this project, including resident inspection and contract administration, are estimated to be approximately $13,750,000.00. Since they budgeted approximately $16,000,000.00 in the bond proceeds for this project, it is well within their estimates and gives them some flexibility. This is a project that this Council voted favorably on with the use of revenue bonds, which they have a good rate for. Mr. Wood continued that there is no federal or state money involved in this project so they do not have as many hoops to jump through in terms of using other people's money and funds. PWC has applied the provisions of Council's MBE Ordinance on this significant project and they have received MBE participation on all phases of these contracts. Final recommendations have been received from the project engineer stating that all the background work has been done on all the contractors and the list of all the equipment that is going to be used and all is satisfactory. Mr. Wood stated the project should be underway within the next 30 days. Recommended bid awards to the following low bidders for the Rockfish Creek WWTP Expansion (Bond project): Section I - General Powell Construction Company $11,242,000 Section II - HVAC AMECO, Inc. $ 264,553 Section III - Electrical Reagan Electrical Cont., Inc. $ 868,166 Section IV - Plumbing McGirt's Plumbing & Electrical Co. $68,400 A copy of the bid tabulation is attached to and made a part of these minutes. Councilmember Cheek moved to award the contracts for the Rockfish Creek Wastewater Treatment Plant Expansion to the low bidders as recommended. The motion was seconded by Councilmember Ross and carried unanimously 8 to 0. 2.K. Approval of addition to Commercial Garbage Service Leases. Councilmember Torrey requested further explanation concerning non-exclusive rights of the lease. City Attorney Bob Cogswell responded that after looking further at the leases it is unclear as to what happens after twelve months. He stated that Council directed staff to look into bidding and they wanted to make sure that if bids were going to be awarded, the lease could not be interrupted that either one of these companies (ARS or Waste Industries) had an executive right to serve that area after June 30, 1992. Mr. Cogswell stated this principal would make it clear in the document. Mr. Cogswell added that the memo in the agenda packet had an incorrect date of December 31, 1991. This should be changed to June 30, 1992. Councilmember Torrey moved to approve the addition to the leases as recommended, seconded by Councilmember Ross and carried unanimously 8 to 0. 3. Public Hearings: Mayor Dawkins reed the policy for time limits of public hearings and non-public hearings. A. Consideration of the rezoning from R6 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located east of Deep Creek Road, north of Abraham Avenue. (P91-58) This item was presented by Al Mitchell, Assistant Planning Director, stating the Planning Board recommends denial of C1 Local Business District and approval of C1A Commercial District. This was an advertised public hearing for this date and hour. The public hearing was opened at 7:21 p.m. and there being none to speak in favor or opposition to this rezoning, the public hearing was closed. Councilmember Torrey moved to rezone the property to C1A. The motion died for a lack of second. B. Consideration of petition for 25 Miles Per Hour Speed Zone on Shawcroft Road. This item was presented by City Manager John Smith stating a petition was received signed by 25 of the 33 residents (75%) for a 25 mph speed zone. This is an advertised public hearing for this date and hour and the recommendation is to adopt the ordinance. The public hearing was opened at 7:23 p.m. and speaking in favor of the item was Charlene Stackhouse, 245 Shawcroft Road. She stated she initiated the petition and feels this speed limit should be reduced because it is the main road to King's Grant Golf Course and Country Club and there have been accidents on this road. There being none further to be heard on this matter, the public hearing was closed at 7:25 p.m. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL). ORDINANCE NO. NS1991-038. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously 8 to 0. C. Consideration of Westwood Subdivision Multi-stops. This item was presented by City Manager John Smith stating that this had gone before the Council Streets and Roads Committee and their recommendation was to hold a public hearing on the matter. This is the advertised public hearing. The public hearing was opened at 7:26 p.m. Appearing in favor was Mr. John K. Lancaster, 234 Whitney Drive, who presented a petition with approximately 120 signatures from 113 homes in Westwood. He stated there are many children in this area along with people walking and riding bicycles. They strongly request that the multistops not be removed. Mr. Janz Johnson, 314 Whitney Drive, concurred with Mr. Lancaster and added that it has been much safer with the signs. Mr. Larry McGlothin, 303 Whitney Drive, also concurred with Mr. Lancaster and Mr. Johnson and added that even though some people do not stop completely at the stop signs, they do slow down. He concluded by requesting that the stop signs not be removed. There being none further to be heard on this matter, the public hearing was closed at 7:34 p.m. Council took no action. 4. Planning Board Matters: A. Consideration of the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 405 Barrington Cross. (P91-62) (Second Reading) Mayor Dawkins called for a vote on the second reading of the rezoning and the motion carried 6 to 2 with Councilmembers Kendrick and Cheek voting in opposition. 5. PWC Matters: A. Report concerning effects of watershed protection in the vicinity of water supply intake points. PWC Manager Tim Wood stated this started out in 1989 and ended with Bill 165, which was enacted to establish minimum standards on watershed protection throughout the State of North Carolina. The Environmental Management Commission (EMC) has been charged with this responsibility and has drawn up proposed regulations to determine what can go within a certain radii of the intakes for the City water systems. Mr. Wood introduced Ken Fanfoni and Kevin Christmas to make a presentation on how this will affect land use in the City of Fayetteville. Mr. Fanfoni and Mr. Christmas presented handouts to Council and stated by January 1992, EMC will have final rules in place. Council will need to adopt a local ordinance to comply with the State ordinance. He has presented a draft to the City staff. Mr. Fanfoni presented a map showing watershed areas that have been designated by the State. Council agreed that staff should work on this for the near future. Mr. Smith responded that his staff, PWC and the Planning Department are reviewing this matter now, particularly looking at it in terms of flexibility. 6. Consideration of petitions for City acceptance of certain private streets: A. Krista Drive B. Bateman Court C. Hanbury Lane D. Fashion Lane E. Stride Lane This item was presented by City Manager John Smith stating they have received several petitions requesting City acceptance of certain private streets and the Street Standards Review Task Force, composed of local consulting engineers, City, County and North Carolina Department of Transportation staff, has met several times and recommends that this be referred to the Council Policy Committee for study of street standards policy. Councilmember Bolton moved to refer this to the Policy Committee as recommend, seconded by Councilmember Ross and carried unanimously 8 to 0. 7. Consideration of adoption of resolution authorizing City Manager to determine requests for release of refund of ad valorem taxes of less than $100.00. City Manager John Smith presented this item with the recommendation for adoption of the resolution. RESOLUTION AUTHORIZING THE CITY MANAGER TO DETERMINE REQUESTS FOR RELEASE OF REFUND OF AD VALOREM TAXES OF LESS THAN $100.00. RESOLUTION NO. R1991-070. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried 7 to 1 with Councilmember Robertson voting against. 8. Consideration 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. (Roxie Avenue - Boone Trail Area - City-Initiated Annexation) This item was presented by Assistant City Manager for Operations Roger Stancil with a recommendation to adopt a resolution setting a public hearing for October 21, 1991. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (OCTOBER 21, 1991). RESOLUTION NO. R1991-071. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried 6 to 2 with Councilmembers Torrey and Ross voting against. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. 9. Consideration of Sycamore Dairy Road extension project. This item was presented by City Manager John Smith. The report on traffic in this area as requested by Council was submitted in the agenda packet. The recommendation is for a five-lane street with the City participating in construction by funding the cost of two of the five lanes. Staff believes it will cost much less in the long run to build it now than come back later and add lanes. Councilmember Kendrick asked where the storm water drainage would be going from this street. Gerald Howland from the Engineering Department responded it would be going into Evans Lake. Mr. Kendrick stated he felt this would be creating more traffic problems instead of solving them but it was a much needed project. Councilmember Torrey had the same concerns. Councilmember Cheek requested to clarify for the minutes that the recommendation by staff is for five lanes at both sides of the intersection at Sycamore Dairy Road and including space for utilities for future sidewalks. Councilmember Robertson moved to follow the recommendation, seconded by Councilmember Bolton and carried unanimously 8 to 0. 10. Consideration of request to change the name of "Human Services Commission" to "Human Relations Commission." This item was presented by City Manager John Smith with a recommendation to adopt the ordinance. AN ORDINANCE AMENDING ARTICLE III, "BOARDS AND COMMISSIONS" OF CHAPTER II OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. S1991-016. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Ross and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1991. 11. Consideration of resolution setting public hearings for September 3, 1991, to consider various ordinances amending Chapter IV, "Elections" of the Charter of the City of Fayetteville. This item was presented by City Attorney Bob Cogswell recommending that the three resolutions be adopted setting the public hearing for September 3, 1991. RESOLUTION OF INTENT TO CONSIDER AN ORDINANCE AMENDING CHAPTER IV, "ELECTIONS" OF THE CHARTER OF THE CITY OF FAYETTEVILLE (SEVEN SINGLE-MEMBER DISTRICTS, TWO AT-LARGE). RESOLUTION NO. R1991-072. RESOLUTION OF INTENT TO CONSIDER AN ORDINANCE AMENDING CHAPTER IV, "ELECTIONS" OF THE CHARTER OF THE CITY OF FAYETTEVILLE (NINE SINGLE-MEMBER DISTRICTS). RESOLUTION NO. R1991-073. RESOLUTION OF INTENT TO CONSIDER AN ORDINANCE AMENDING CHAPTER IV, "ELECTIONS" OF THE CHARTER OF THE CITY OF FAYETTEVILLE (SEVEN SINGLE-MEMBER DISTRICTS, THREE AT-LARGE). RESOLUTION NO. R1991-074. Mayor Pro-Tem Evans moved to adopt the three foregoing resolutions setting the public hearings as recommended, seconded by Councilmember Kendrick and carried unanimously 8 to 0. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1991. 12. Consideration of sale of front loading garbage vehicle to Cumberland County. This item was presented by City Manager John Smith recommending Council declare the vehicle surplus and authorize sale to Cumberland County for $25,000.00. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Ross and carried unanimously 8 to 0. 13. Appointments: A. Nominations to fill two vacancies on Historic Resources Commission. Mayor Pro-Tem Evans moved to elect by acclamation, Robert R. (Ranny) Nimocks (W/M), P.O. Box 56121, Fayetteville, NC 26305. The motion was seconded by Councilmember Robertson and carried unanimously. B. Nominations to fill one vacancy on Human Relations Commission. Councilmember Kendrick nominated Sharon Courson (W/F), 1617 Vanburen Avenue, to fill the unexpired term of Annie Chavis (B/F) to March 1993. C. Nominations to fill one vacancy on Public Works Commission. Councilmember Cheek withdrew her nominee of Terry Union at Ms. Union's request in endorsement of Mr. Bobby McCoy, who had been nominated at the last meeting. Councilmember Bolton moved to elect R. O. (Bobby) McCoy, Jr. by acclamation to fill the term of Tommy McCoy to June 1994. The motion was seconded by Councilmember Cheek and carried unanimously 8 to 0. 14. Administrative Reports: A. Statement of taxes collected for the month of July, 1991, from the Cumberland County Tax Collector. The statement of taxes collected for the month of July 1991 in the amount of $85,995.91 was accepted as submitted. B. Discussion of request from the developer of Woodlands Subdivision for City participation in sidewalk construction. Mr. Smith stated that the report was submitted in the agenda packet and no action is required by Council. C. Discussion of assessment discounts. Mr. Smith recommended referral of this item to the Council Policy Committee. Councilmember Kendrick moved to refer discussion of assessment discounts to the Policy Committee, seconded by Councilmember Cheek and carried unanimously 8 to 0. There being no further business, the meeting was adjourned at 8:35 p.m. upon motion and second. Please Note: To view the Bid Tabulations for the Transformer Evaluation, please see Book X, page 680 of the City of Fayetteville Meeting Minutes. INFORMATION MEETING MINUTES MONDAY, AUGUST 26, 1991 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, AUGUST 26, 1991 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Tommy Bolton (District 1) arrived at 7:48 p.m. Absent: Nat Robertson (at-large) Others Present: John P. Smith, City Manager Roger Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Administrative Assistant to the City Manager Jason Brady, Public Information Officer Al Mitchell, Assistant City/County Planning Board Director Bill Hester, Engineering Kai Nelson, Finance Director David Nash, Annexation Studies Coordinator Dan Hicks, Chairman, Appearance Commission 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 Ben Brown, Assistant City Manager for Administration and Finance, to offer the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. At this time Mayor Dawkins stated that Councilmember Robertson would not be attending tonight's meeting due to being out of the state and Councilmember Bolton had requested to be granted a late arrival of approximately 30 minutes due to a previous commitment at his children's school. RECOGNITION Mayor Dawkins announced that there had been a press conference at the Chamber of Commerce today concerning a living monument for one of our main corridors in honor of the men and women in the military. This has been coordinated between Jeff Lane of Parks and Recreation, Cape Fear Botanical Gardens and the Chamber of Commerce for Highway 301 North with a November 2 target date. 1. Approval of Agenda Mayor Pro-Tem Evans moved to approve the agenda seconded by Councilmember Cheek and carried unanimously 7 to 0. 2. Discussion of Proposed Election Districts. This item was presented by City Manager John Smith stating that Jerry Wilson of the Remedy Group was unable to attend tonight's meeting due to having to be in court in Louisiana in the morning. Mr. Smith referred to the report in the agenda packet. He stated the reason for this redistricting was because the deviation of the overall population varies from 7,554 to 17,541. This is why we are having to look at alternatives. Mr. Smith presented a new revised district plan for the six districts dated August 26, 1991. This shows in the deviation column that none of the districts are more than 5% deviation plus or minus. He continued by stating that the percent in the minority districts does not quite meet the 65% criteria. What this means is that based on the voter registration and the voter turnout information, in order to justify this plan, we would have to make a demonstration of electability of minority candidates. Mr. Wilson is in the process of the using the voter registration and voter turnout information to determine if a good case can be made for electability in these districts. These numbers will hopefully be finalized by the end of this week and will be presented at the next regular Council meeting. Following a brief question and answer session, Mr. Smith stated that the important factor is to understand the difference between the 65% figure and what we have to show with 65% as opposed to what we have to show with less than 65%. It is going to require submission of more information with less that 65%. The public hearings are scheduled for the next meeting concerning the three different redistricting plans. 3. Discussion of Proposed Landscape Ordinance. This item was presented by Dan Hicks, Chairman of the Appearance Commission. He introduced Judy Masters, William Clement, Lonnie Player and Robert St. Onge, members of the Commission present in the audience. Mr. Hicks stated that there is a vacancy on the Board due to the C.U.R.B. being disbanded and requested that this position be made at-large and filled. Mr. Hicks presented slides showing how cement and asphalt is gradually taking over the city. He gave a brief history of the proposed landscape ordinance beginning in June 1989 and having had 11 revisions. Mr. Hicks requested that this ordinance be put into effect and requested that it be processed through the Planning Board and then initiated by Council. Councilmember Kendrick moved to refer the proposed landscape ordinance to the Planning Board, seconded by Councilmember Cheek and carried unanimously 8 to 0. Councilmember Bolton arrived at the meeting at 7:48 p.m. during this presentation. 4. Discussion of Strategic Plan. This item was presented by Al Mitchell, Assistant Joint Planning Director. He presented proposals on the five issues as a result of City staff and Planning staff working together and review by City Manager John Smith. The issues covered in the draft of proposals are recycling, keeping the City budget in check, PWC and County water-sewer service plan, war on drugs and crime, renovate/demolish downtown buildings and continuing road improvement projects. Councilmember Bolton moved to have Council review the draft of proposals and place on future agenda for further discussion. The motion was seconded by mayor Pro-Tem Evans and carried unanimously 8 to 0. Councilmember Cheek suggested that an issue be put on each agenda until all are covered. Ms. Cheek stated she has also noticed that one of the companies is offering recycling curbside pick-up in the County for $2.50 per month and wants to interest them in offering this in the City as well. She also asked Mr. Smith if this is going to be part of the presentation in September. Mr. Smith responded that the companies are planning to offer this in the City and they have discussed it with staff. It will be done on a volunteer basis. 5. Discussion of Watershed Regulations. This item was presented by City Manager John Smith stating there is to be a hearing tomorrow night in Wilmington but we have until October 1 to present written comments. He stated he felt these regulations deserved more in-depth study before we do that. Mr. Smith reviewed the restrictions in the critical areas. He stated that we will be required by July 1, 1993, to develop a watershed management plan. He stated that we would probably process this as a zoning ordinance because it becomes a zoning issue. Mr. Smith continued that the key issues in terms of municipalities are what the state intends to do about agriculture run-off, density requirements of development communities, stormwater retention and grandfather provisions and the size of critical areas. Mr. Smith stated that the City should not be in the business of opposing watershed protection because we are in the business of providing safe drinking water through PWC. The City has a Stormwater Management Team that will be submitting a proposed ordinance. He stated that the regulations should be reasonable and achieve what they are supposed to. He feels that cities should not have sole responsibility for protection of the watershed and should have not to pay the full amount. Mr. Smith concluded his report by stating that these issues will be reviewed and he will return to Council within 30 days for a recommendation as to whether comments need to be forwarded and if so, what they should be. Following some discussion, Councilmember Cheek requested staff look into suggesting that the state work a little more closely with NPDS so there will be a uniform met of regulations which can be easily enforced by municipalities and developers. She also requested that the staff consider the Chamber's recommendation while looking into this matter. 6. Consideration of approval of correction to Resolution R1991-073 adopted August 19, 1991. (Typographical error) The request in the agenda packet from City Attorney Bob Cogswell stated that the resolution Council adopted at the last Council meeting setting the public hearing on the proposed redistricting plan of seven district members and three at-large contains a typographical error. Specifically, in paragraph 2. regarding the new Section 3.1, the reference at the end of the proposed amendment should be N.C.G.S. Section 160A-101(6)b. and not N.C.G.S. Section 160A-1010(6)b. It is requested that Council amend the resolution to make that correction. Councilmember Bolton moved to follow the recommendation to correct the Resolution No. R1991-073. The motion was seconded by Councilmember Pillow and carried unanimously 8 to 0. 7. Consideration of approval of revisions to Chapter 2 of the City Code. City Attorney Bob Cogswell requested that Council authorize the staff to set a public hearing because two sections in the recommended changes require public hearings. Councilmember Bolton moved to authorize staff to set a public hearing seconded by Councilmember Kendrick and carried unanimously 8 to 0. There being no further business. The meeting was adjourned at 8:45 p.m. upon motion and second. Approved September 16, 1991 REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 3, 1991 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET TUESDAY, SEPTEMBER 3, 1991 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1), Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger Stancil, Assistant City Manager for Operations John B. Drown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Jimmy Teal, Administrative Assistant to the City Manager Mike Walker, Acting City Engineer Al Mitchell, Assistant City/County Planning Board Director Tom McNeill, PWC Property Acquisition Superintendent Richard Herrera, Community Services Director Brad Hurley, Chairman, Parks and Recreation Commission 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 Ho Chong Paek, Korean Baptist Church on Cliffdale Road followed by the Mayor leading in the Pledge of Allegiance to the American flag. RECOGNITION: Martina Freeman, Track and Field Contest Winner, was presented with a Certificate of Recognition by the Mayor for her recent accomplishment of placing 1st in the 200 meter dash at the North Carolina State meet held on July 12, 1991, in Raleigh. Also, for placing 8th in the Hershey's National Track and Field Youth Program, held in August in Hershey, Pennsylvania. 1. Approval of Agenda City Manager John Smith requested to pull item 6 to coordinate further with NCDOT. City Attorney Bob Cogswell requested to add item 14b to authorize legal representation. Councilmember Kendrick moved to approve the agenda with the requested changes, seconded by Councilmember Pillow 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 and Councilmember Torrey requested to pull item E for discussion. Councilmember McBryde moved to approve the consent agenda with the exception of items A and E. After a second from Councilmember Kendrick the consent agenda and following items were unanimously approved. A. (Pulled for discussion) B. Approve minutes of regular meeting of August 19, 1991. C. Approve bid award to lowest evaluated bidder for purchase of 103 transformers of varying sizes and kVa. (PWC) Bid totals of lowest evaluated bidders are as follows: Vendor Quantity/Description Total Cost Eastern Electric 20 15 kVa CSP $8,960.00 Eastern Electric 30 10 kva CSP $12,840.00 National Transformers 50 50 kva CSP $41,750.00 WESCO 2 500 kVa Padmount $15,466.00 Rigby Electric 1 1000 kva Padmount $10,374.00 D. Authorize City Manager to negotiate and execute agreement for rental of Jernigan house located at Fayetteville Regional Airport. The lease agreement is with Mr. Burt Atwood for $350 per month. All utilities, fences and the usual household maintenance cost will be paid by Mr. Atwood. The process from this rental will be credited towards the City's share of the AIP money. E. (Pulled for discussion). F. Approve setting a Public Meeting for October 1, 1991, and setting a Public Hearing for October 21, 1991, to consider the Fayetteville Urbanized Area Thoroughfare Plan. G. Approval of amendment to Inter-Local Agreement for collection of City motor vehicle license fees. 2A. Approve minutes of regular meeting of August 5, 1991. Councilmember Cheek referred to item 12e which was the resurfacing list. Ms. Cheek stated she wants the minutes to show what Council approved with more than just a line on the list. She recalls that Council had discussion directing staff what to do if we had more money, then staff was to follow special procedures in how to select the rest of the roads. She also requested that a study be made of the rest of Skye Drive to see if that needed paving while the pavers were there. Councilmember Cheek also questioned item 15 which was a discussion of requirements for putting garbage collection out for bid. Ms. Cheek stated that she did not recall committing to being prepared to award a contract by January 1, but thought it was June 1, 1992. Councilmember McBryde stated that he recalled that it did not have to be done, just be prepared if we wanted to proceed that way. Mayor Pro-Tem Evans stated her motion was to have specifications made up for bids to be ready so that we could have it in effect by January 1, if we so wanted. Mr. Smith stated that the current contract is a one-year contract. There a decision point for January 1, as to whether or not the City wants to continue to subsidize the service, but the contract does run through June 30. He stated that the specifications could be ready by January 1. Mayor Pro-Tem Evans repeated that her motion was to go out to bid with specifications being sent out so that whichever firm got the contract they could go into action on January 1. Mr. Smith suggested that Council hold these minutes in abeyance until the next meeting to allow staff to research the minutes of the August 5. Council concurred. Councilmember McBryde moved to bring the entire item back to Council at the next meeting along with the minutes of the August 5 meeting. The motion was seconded by Councilmember Bolton and failed 6 to 3 because a 3/4 majority is needed to place an item on the agenda again. Voting in opposition was Councilmembers Pillow, Robertson, and Evans. 2E. Approve agreement with NCDOT for approvements on Murchison Road at Pennsylvania Avenue/Jasper Street intersection (Project No. W-2404). Councilmember Torrey stated that when this project was proposed by Council, it was supposed to have a left turn signal going west to Fort Bragg onto Pennsylvania Avenue and this has not been done. Mr. Torrey moved to hold the agreement until the left turn signal has been installed. The motion was seconded by Councilmember Kendrick and carried unanimously. 3. Public Hearings: Mayor Dawkins read the policy on the public hearing time limit for the speakers and for the speakers on non-public hearing items. A. Consideration of the rezoning from C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for am area located at 986 Shaw Mill Road. (P91-64) This item was presented by Al Mitchell stating that the Planning Board has recommended denial of the rezoning and the Planning staff recommended approval with the basis that it is a transition from the industrial areas to the west and south of the property to the residential area located to the north. Following some questions and answers of Mr. Mitchell, the public hearing was open at 7:30 p.m. Appearing for the petitioner was Attorney Steve Melvin. He stated that Mr. Marvin Allan had received a building permit for this property in 1986 and the property was annexed into the City in 1988. Mr. Melvin stated that in the early summer of this year Mr. Allan was examining some possibilities of the setback line and construction that the zoning the City was not applicable to his current use of the property, therefore, this petition was filed. Mr. Melvin stated that they are requesting that Council follow the recommendation of the Planning staff for approval since it is located in the middle of commercial and industrial area. Councilmember Kendrick asked Mr. Melvin if Mr. Allan was selling doors from that site before the City annexed the property. Mr. Melvin responded that he was. City Attorney Cogswell stated that he checked with the County Inspector and was informed that the building permit was issued after the property was zoned in the County. The building permit was issued for a C1 use. Following annexation into the City an application to the City Building Inspection Department revealed that it was being used as a storage yard for a contractor which can only be done in a C3 zone. Mr. Cogswell stated that in checking with the County Inspection Department the zoning for this type of use in the County is also C3. Therefore, if Mr. Allan was operating while in the County for this use it was an illegal and nonconforming use before he was annexed into the City. Speaking in opposition was Mrs. Marie Lawrence, 913 Fisk Drive. She stated that she had been a resident there for 19 years and requested that the zoning remain C1 because Mr. Allan seems to have been doing well in his business as it is. She stated that she had a petition with 71 names in opposition to the rezoning. Mrs. Alma Melvin, 5553 Livingstone Drive, also appeared in opposition. She asked those present in the audience that were opposed to this rezoning to stand and there was approximately 50 area residents. Mrs. Melvin stated they did not want a commercial business at the entrance to their subdivision and was concerned that their taxes will increase and their property values will drop. Speaking in opposition was Charlie Mott, 907 Fisk Drive. He concurred with the other speakers in opposition and added that they do not want businesses in their neighborhood with large trucks coming and going because of the problems that it would cause. Vincent Williams, 820 Wilberforce Court, appeared in opposition because of the commercial businesses causing potential residential buyers to turn to other areas. The C3 zoning would also allow mobile homes in the area the he feels would be detrimental to the neighborhood. Steve Melvin appeared in rebuttal stating that Mr. Allan is a small business man and does not have a fleet of large trucks. He was not aware of any complaints. He stated that Mr. Allan was issued a building permit five years ago and built it under some assumptions that might be wrong but they are here tonight to try to correct those. Mr. Melvin stated that Mr. Allan needs this rezoning to continue the business according to some opinions he has received. There being none further to be heard on this matter, the public hearing was closed at 7:55 p.m. Councilmember Ross requested Mr. Mitchell to explain the term "transition." Mr. Mitchell responded that there being C1, M1, and C3 along that area it would not be inappropriate in this particular location for a C3 zoning. Councilmember Pillow moved to follow the Planning Board's recommendation to deny the rezoning, seconded by Councilmember Ross and carried 7 to 2 with Councilmembers McBryde and Bolton voting against. At this time Mayor Dawkins offered condolences to Mayor Pro-Tem Evans because of the loss of her sister-in-law. B. Consideration of an application by Wilbur Dees for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-23, to operate a private tennis club in an R10 Residential District for an area located on the west side of Fargo Drive and the north side of Sandhill Drive. (P91-66) This item was presented by Assistant Joint Planning Director, Al Mitchell with a recommendation from the Planning Board for denial. The public hearing was opened at 8:10 p.m. There was none to speak in favor. Adele Upchurch, 3250 Sandhill Drive, speaking in opposition was sworn by the City Clerk. She stated that this is an old established neighborhood with tennis courts accessible in several nearby areas. She stated that the neighborhood does not want their taxes to be increased that this tennis court could create. Ms. Upchurch stated that they were very concerned about the future of their neighborhood because this could leave the area wide open for commercial zoning in the future. He added that this area was established and carefully planned by the forefathers of the Planning Board. And she requested that Council concluded by reading a statement published in the Fayetteville Observer Times dated Wednesday, August 14, 1991, concerning this issue. She stated this was a quote from Mr. Dees (the petitioner), "I think as far as that particular site, we won't pursue it any more. If the facility won't sell itself, then I don't think we would be interested in trying to sell it to the neighborhood." There being none further to speak on this matter the public hearing was closed at 8:15 p.m. Councilmember Kendrick moved to deny the special use permit, seconded by Councilmember Ross and carried unanimously. City Attorney Bob Cogswell requested that on the proposed ordinance in the agenda packet on page 1 at the bottom, last line, a correction be made showing that N.C.G.S. Section 160A-1010(6)b. be corrected to show N.C.G.S. Section 160A-101(6)b. The extra zero should have been omitted and was printed correctly in the public hearing advertisement in the newspaper. C. Consideration of an application by Village Surgical Investors, Inc., for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-23, Item (1a) to allow automobile off-street parking in an R10 Residential District for an area located south of Dartmouth Drive, west of Colgate Drive. (P91-69) This item was presented by Assistant Joint Planning Director Al Mitchell, stating that the Planning Board had recommended approval of the requested special use permit subject to the application and site plan submitted and provided that the City Engineer approve the drainage plans as called for in the property plan. The public hearing was opened at 8:20 p.m. There being none to speak in favor or opposition the public hearing was closed. Mayor Pro-Tem Evans moved to approve the special use permit with the conditions as recommended by the Planning Board, seconded by Councilmember McBryde. Councilmember Kendrick offered a friendly amendment to add a 6-foot solid fence in lieu of the berm and plants. Councilmember Evans and McBryde accepted the friendly amendment and the motion carried unanimously. D. Consideration of alternative redistricting plans. (7 Single-Member Districts with 2 At-Large seats) This item was presented by City Manager John Smith stating that the map is on display for this item. The public hearing was opened at 8:19 p.m. There was none to speak in favor of this item. Speaking in opposition was Mr. William McLeod, 932 Country Club Drive, requesting to combine all three public hearing items concerning redistricting instead of speaking on each one. Mr. McLeod stated that he does not want a single member district. He requested more at-large districts rather than limiting them. Mr. McLeod wants to be able to vote for more people and be able to talk to Councilmembers that would be concerned about the overall City and not just their districts. Clinton Harris, representing NAACP, read a statement signed by James W. Florence, President of the Fayetteville Branch NAACP and requested it be included in all three public hearings as follows: "The Fayetteville Branch and the National Association for the Advancement of Colored People (NAACP) support the one man one vote principle (single member district). The nine single member districts that have been shown to the citizens of Fayetteville is a plan that appears to be following the one man one vote principle (single member districts) and the benchmark established by the 1991 session of the North Carolina General Assembly (districts with 20% minority or more when possible). "The revised plan reduces the minority voting strength deliberately, like this Council has for the last nine years deliberately attempted to reduce the black population of the City of Fayetteville through annexation to avoid meeting required U.S. Court guidelines imposed on the City of Fayetteville. This City Council can best serve all the citizens of Fayetteville and meet the requirements of the 1965 voting rights act and the U.S. Census Department by adopting a single member district plan." Councilmember Kendrick asked Mr. Harris if the NAACP is saying that our City has only annexed white areas and is this an official statement since he is representing them. Mr. Harris responded by stating that it is. There being none further to be heard the public hearing was closed at 8:28 p.m. E. Consideration of alternative redistricting plans. (7 Single-Member Districts with 3 At-Large Seats) This item was presented by City Manager John Smith stating that a map is on display concerning this item. The public hearing was opened at 5:30 p.m. The comments by William McLeod, 932 Country Club Drive, and Clinton Harris, by representing NAACP made at item 3d are applied to this item. There being none further to be heard the public hearing was closed. F. Consideration of alternative redistricting plans. (9 Single-Member Districts with 0 At-Large goats) The public hearing was opened at 5:32 p.m. The comments by William McLeod, 932 Country Club Drive, and Clinton Harris, representing NAACP made at item 3d are applied to this item. There being none further to be heard the public hearing was closed. 4. Discussion of redistricting alternatives. City Manager John Smith presented this item. He stated that by Council holding these public hearings they have four alternatives before them. The fourth being the 6-3 plan continuation. He stated that staff has no recommendation as to which plan Council should consider, however, he would recommend that Council allow staff to continue working with the consultant to further refine the numbers and to allow time for additional input from interested parties with regard to these redistricting plans. This could possibly be ready at the next regular Council meeting for action with regard to which plan the Council wishes to go forward with. Following discussion by Councilmembers, Councilmember Cheek requested that Mr. Smith fax a news article reporting on a supreme decision on redistricting in January 1991. It came from the NAACP voter education department. 5. PWC Matters: A. Consideration of approval to proceed with acquisition of electric easement by condemnation for relocation of electric facilities along Morganton Road (Mr. Dan Barker, property owner). This item was presented by Tom McNeill, PWC Property acquisition Superintendent with a recommendation to adopt the resolution. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF BARKER CORPORATION. RESOLUTION NO. R1991-075. Councilmember Robertson introduced the foregoing resolution and moved its adoption seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. 6. (Pulled from agenda) 7. Consideration of adoption of resolution approving the proposed exchange of property between the City of Fayetteville and County of Cumberland. This item was presented by City Manager John Smith with a recommendation for adoption of the resolution. RESOLUTION AUTHORIZING THE EXCHANGE OF CITY OF FAYETTEVILLE AND COUNTY OF CUMBERLAND PROPERTIES (SCARBOROUGH STREET/PEMBERTON LANE AREA). RESOLUTION NO. R1991-076. Councilmember Kendrick introduced the foregoing resolution and moved its adoption seconded by Councilmember Evans and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. 8. Consideration of adoption of resolution establishing procedures for the Community Development Block Grant (CDBG) Downtown Commercial Loan Program. This item was presented by the Community Services Director, Richard Herrera, recommending the adoption of the resolution. RESOLUTION ESTABLISHING PROCEDURES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDEBG) DOWNTOWN COMMERCIAL LOAN PROGRAM. RESOLUTION NO. R1991-077. Councilmember McBryde introduced the foregoing resolution and moved its adoption seconded by Councilmember Cheek and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. 9. Presentation of amendment of agreements for sale of Adams Court property. This item was presented by Richard Herrera, Community Services Director. He stated that there are no changes to the contractual agreement that we have with Brown-Loving Associates and the only reason this has been brought back before Council is that there has been a change in the financing pattern as established by the Finance Agency. The change was made in the Exhibit A of the contract. The change in the financing structure requires less of a participation in the first mortgage and a larger participation from the developer which he has agreed to do. There has been no change in the amount of money that Council decided should go into the package. Mayor Pro-Tem Evans moved to approve the agreement as requested seconded by Councilmember Torrey and carried unanimously. 10. Consideration of adoption of resolution assigning responsibilities for approval of Community Development Block Grant Rehabilitation Loan requests. This item was presented by Richard Herrera, Community Services Director, with a recommendation for adoption of the resolution. RESOLUTION ASSIGNING RESPONSIBILITIES FOR APPROVAL OF COMMUNITY BLOCK GRANT REHABILITATION LOAN REQUEST. RESOLUTION NO. R1991-078. Councilmember Bolton introduced the foregoing resolution and moved its adoption seconded by Councilmember Pillow and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in resolution Book R1991. 11. Consideration of the name of Glendale Park to Dorothy D. Gilmore Park. This item was presented by Brad Hurley, Parks and Recreation Advisory Commission Chairman. He requested that the agenda item be corrected to show that it would be the Dorothy D. Gilmore Park instead of Youth Center. Mrs. Gilmore, having been a loyal and dedicated employee for over 30 years with the Parks and Recreation Department has been instrumental with youth and especially teen activities during her entire career. She will be retiring in September due to health reasons. Councilmember Bolton moved to approve the change of the name of Glenville Park to Dorothy D. Gilmore Park. The motion was seconded by Councilmember Pillow and carried unanimously. Mayor Dawkins stated that people might forget Mayors and Governors but this lady will be remembered for decades to come. 12. Consideration of amendments to Wrecker Ordinance. Councilmember Bolton moved to set a public hearing on amendments to the Wrecker Ordinance for the next regular meeting on September 16, seconded by Councilmember McBryde and carried unanimously. 13. Appointments: A. Nominations to fill one vacancy on Historic resources Commission. There were no nominations to fill the vacancy of Wade Byrd, Historic District Property Owner category, term to October 1992. B. Nominations to fill one vacancy on Human Relations Commission. Mayor Pro-Tem Evans moved to elect Sharon Courson by acclamation, seconded by Councilmember Kendrick and carried unanimously. Ms. Courson's address is 1617 Van Buren Avenue, 28303. C. Nominations to fill two vacancies on Joint Senior Citizens Advisory Commission. Councilmember Evans nominated James E. Flanders for a second term. Councilmember McBryde nominated Millie Knowles for a second term. 14. Administrative Reports: A. Discussion of Fayetteville Logo adopted by the Chamber of Commerce and other marketing agencies. City Manager Join Smith stated that a new marketing concept for Fayetteville has been designed by a group of advertising executives in the form of a new logo. The nonprofit group named the ADvocates was formed by the Chapter to develop a new logo and marketing material for the Chamber. He stated that the ADvocates determined that a single logo that could be adopted by more groups than just the Chamber would send a unified message when marketing the area. The main groups that are promoting this are Fayetteville Area Chamber of Commerce, The Fayetteville Economic Development Corporation, the Fayetteville Area Convention and Visitors' Bureau and the Olde Fayetteville Association. Mr. Smith's recommendation was to authorize staff to study this idea to see how we might be able to use this logo. Councilmember Kendrick moved to follow the recommendation seconded by Councilmember Cheek and carried unanimously. At this time Councilmember Ross asked Mr. Smith if staff had checked out the grants to be used in the City to fight against drugs. Mr. Smith respondedthat the Police Department is reviewing the grant at this time. B. Authorization of legal representation. City Attorney Bob Cogswell requested Council to authorize Jim Nance, Jr., to assist him in defense of the case of Godfrey versus McIntosh, at the rate of $100 per hour. Councilmember McBryde moved to follow the recommendation seconded by Councilmember Kendrick and carried unanimously. At this time City Manager John Smith stated that the Policy Committee meeting will be rescheduled by the Chair. There being no further business. The meeting was adjourned at 9:00 p.m. upon motion and second. Approved October 7, 1991 REGUlAR MEETING MINUTES MONDAY, SEPTEMBER 16, 1991 FAYETTEVILLE CITY COUNCIL REGUlAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, SEPTEMBER 16, 1991 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District l), Ida Ross District 2; Joseph Pillow (District 3); Thelbert Torrey District 4; Suzan Cheek (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Al Mitchell, Assistant City/County Planning Board Director Louis Chalmers, Traffic Engineer Tom Ray, Airport Manager Police Lieutenant Jeff Barrell, Wrecker Inspector 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 Colonel Bernard Lieving, Office of the Chaplain, Fort Bragg, to offer the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Pro-Tem Evans requested that the prayer be entered into the minutes. It is follows: "Eternal and loving God, you have made us, and we are your people. We praise you this evening for life and for your presence in our every day. We pray, now, for your blessings of insight, discernment, wisdom, and courage on the these your people who administer the affairs of this community we call home. Give to all who make and uphold the law a sense of compassion and justice. For all who work with the poor, give them patience and understanding. Give to the planners for the future a vision of this City and its services to the people. Make all citizens proud to call Fayetteville home and inspire each of us to do our share in making this a good place to live, to raise a family. In all things, O God, may we be open to hear the hurt of the needy, the cry of the oppressed, and the pain of those who seek to right injustice. And in all ways may we ever give thanks to you for the good life we have and may we ever seek ways to better and further serve our community each other, and above all, even to serve you, our God. Amen. 1. Approval of Agenda City Manager John Smith requested to add item 4A - Consideration of Approval to readvertise for bids on AIP 12 Project--Security System at Fayetteville Regional Airport and to add item 20C - Nominations to Fill One Vacancy on PWC Retirement Board. City Attorney Bob Cogswell requested to add Item 21C - Condemnation Settlement. Councilmember Cheek requested to add 21D from the information in the packet concerning appointing of the American Disabilities Act Administrative Committee. Councilmember Bolton moved to approve the agenda with the additions as requested 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. There being none, Mayor Pro-Tem Evans moved to approve the consent agenda. After a second from Councilmember Bolton, the consent agenda and following items were unanimously approved: A. Approve minutes of regular meeting of August 26, 1991. B. Approve setting a public bearing for October 21, 1991, to consider amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32, "Zoning" to set forth provisions for buffer requirements. (P91-89) C. Approve setting a public hearing for October 21, 1991, to consider amendments and revisions to the City of Fayetteville Code of Ordinances, by amending Chapter 32, "Zoning" Article IX, Section 32.62 "Building Permit Required" by adding Section 32-62.1 "Vesting Development Rights" to allow a property owner to vest his development rights for a period of two (2) years when review and approval is not required under the City subdivision regulations by securing a zoning permit; and Chapter 27 "Subdivisions", Article II, Section 27-3B submission of final plat to planning Department, is amended in Subsection (1) by deleting the words "one year" and substituting therefore the words "two years" and adding a new Subsection 27-3(b)(3) as follows: "Following approval of a preliminary plat, site plan, or recording a final plat, an owner shall have a vested right to develop the property in accordance with the conditions of approval for two years." (P91-93) D. Approve setting a public hearing for October 21, 1991, to consider amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32 "Zoning," Article IV, "District Use Regulations" by creating Section 32-28.1 P3(P) Flex Office District; and Article V "District Dimensional Regulations" by creating Section 32-42.1 P3(P) Flex Office District," and Chapter 27 "Subdivisions" Section 27-16 "Fees," by adding 32-28.1. (P91-100) E. Approve setting a public hearing for October 21, 1991, to consider amendments and revisions to the Fayetteville Zoning Ordinance, Article III, "General Provisions", Section 32-5, "Definitions' by renumbering Subsection (1) Billboard as (1.2) Billboard, and adding Subsection (1.1) Artisan or Craftsman; and amending Article IV, "District Use Regulations", Section 32-30, "C2 Central Business District," by deleting Subsection (4) reserved, and adding Subsection (4) to include the following use: Artisan and craftsman activities after obtaining a Special Use Permit; and adding Subsection (14) to include the following use: Specified assembly, manufacturing, processing, mini-warehousing and warehousing, and wholesaling activities after obtaining a Special Use Permit. (91-104) F. Approve the rezoning from C1P Shopping Center District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the west side of Cedar Creek Road (NC HWY 53-210), south of Troy Drive. (P91-86) G. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located on both sides of the proposed extension of Hilliard Drive north of Spy Glass Drive. Being all of Annexation No. 91-07-347, known as "Country Club Drive, Section 6, Part A, Phase 2." (P91-90) H. Adoption of ordinance amending Section 22-39(a) "Holidays" of the City Code of the City of Fayetteville. AN ORDINANCE AMENDING SECTION 22-39(a) "HOLIDAYS." ORDINANCE NO. S1991-017. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1991. I. Approval of amendment to Fayetteville Appearance Commission Charter. J. Adoption of a resolution authorizing condemnation to acquire certain property for Person Street Sidewalk Project--Parcel S-1. AN RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1991-079. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. 3. Public Hearings: Mayor Dawkins read the policy on time limits for public hearing speakers and the time for non-public hearing speakers. A. Consideration of amendments to City Wrecker Ordinance. This item was presented by Assistant City Manager for Operations Roger Stancil. He reviewed the rotation wrecker procedures. He also reviewed the amendments to the wrecker ordinance that were presented in the agenda packet. Following questions and answers directed by Council to Mr. Stancil, the public hearing was opened at 7:24 p.m. Mr. Thomas Simmons, 325H Eastern Boulevard, owner and operator of Fayetteville Wrecker Service, spoke in favor of the amendment to the wrecker ordinance. Mr. Simmons stated he felt that the penalty for running wrecks should probably be higher than the recommended $100. Also appearing in favor was Mr. Larry Sessoms, P.O. Box 36166, owner of Larry's Towing Service, 3217 Fort Bragg Road. Mr. Sessoms stated he is for the wrecker ordinance, however, he requested to clarify certain portions. He stated that the price increase was a suggestion of the Police Department and he wonders if the amount could possibly be too high. He stated that the service charge is questionable to him. He wonders how the fee will be collected and if it will not cost the government more for this $5 service charge than would be feasible. Mr. Sessoms further stated that he feels many of the regulations are being abused by towing service companies. Mr. Sessoms stated he felt that the arbitration board that used to be in place was very effective because it had two members from the towing service, two members from the Police Department, and an unbiased chairman, represented by Clark Dill, Director of Environmental Services. Mr. Sessoms stated that the Board now consists of two towing service members and three Police Department members. Mr. Sessoms continued stating that police officers have been passing out calling cards and using yellow pages to have the wreck victims choose a towing service rather than using the rotation. He stated they also knowingly allowed wreck runners to run wrecks. Mr. Sessoms stated that some officers are not knowledgeable concerning the wrecker ordinance and others are very knowledgeable and work hard to enforce it. He feels that maybe some training in that area would be helpful. Mr. Sessoms stated he had forwarded a written complaint on a police officer for issuing his (Mr. Sessoms's) business cards and since the officer was disciplined, Mr. Sessoms has not received 80 percent of owner's requests for his towing service. Additionally, a police officer had approached him at an accident and showed him a stack of business cards, making the comment that Mr. Sessoms did not have a card in the stack. He stated that he had sent a sign request delivery letter to City Manager requesting an opportunity to talk about the arbitration board and has not received an answer. Mr. Sessoms stated he works for several dealers in Fayetteville and they are complaining to him about the prices of wrecker business that's coming to them from other wrecker companies. He quoted from a bill that was passed on to him showing that the car had been towed across town and the initial tow was $180, towing from a towing establishment to the auto dealer was $40 and the storage was at $6 per day. The total bill was very close to $300. Mr. Sessoms stated that most of these are by wreck runners and they are not governed on what they can charge. Mr. Sessoms concluded by requesting that the arbitration board be replaced with two members from the towing service, two from the Police Department and an unbiased representative to break a tie. He also stated he felt that relations would be better between the Police Department and the towing service if they could get to know each other and work better professionally. He stated that he understood there were problems on both sides but at this point, the only access the towing companies have with the Police Department is through litigation. Following some questions and discussion by Council with Mr. Sessoms and Lieutenant Harrell, Lieutenant Harrell responded that the Police Department is making plans to conduct training on this wrecker ordinance when it is finalized. They have also rewritten the departmental policies and procedures, which is currently at the print shop. They are also increasing their efforts to discourage wreck runners. Appearing in opposition was Ronnie Mitchell, Attorney, representing several towing service companies. He agreed with Mr. Sessoms in that he did not expect to be able to speak without going through the court system. Mr. Mitchell also agreed that there should be an amendment to the wrecker ordinance, but they were not satisfied with the amendments addressed in this particular amendment to the ordinance. Mr. Mitchell presented a draft of an ordinance that he had drawn up with the civil penalty being $250 instead of $100 to be applicable to anyone who violates the ordinance, whether a wrecker owner, an agent, or a City employee, such as police officer. Mr. Mitchell stated they also object to the $5 service charge. Mr. Mitchell then reviewed all of the proposals that he had incorporated into this amendment. Following lengthy discussion and question session by Council of Mr. Mitchell, Mr. Mitchell requested that Council adopt the proposed amendments that he presented and defer any other amendments to a later date so that his amended ordinance could be effective immediately. There being none further to be heard on this matter, the public hearing was closed at 8:07 p.m. Councilmember McBryde moved to refer Mr. Mitchell's draft of the amended wrecker ordinance to the Policy Committee and for the City Staff to review and it be returned to Council at the next regular meeting. The motion was seconded by Councilmember Cheek and carried unanimously. The next Policy Committee meeting will be Tuesday, September 24, 1991, 6:30 p.m. in the City Hall Multipurpose Room. B. Consideration of amendments to Chapter 2: 1. Renumbering and rewriting Section 2-39 to become Section 2-24. 2. Renumbering Section 2-53 as Section 2-26. 3. Renumbering Section 2-54 as 2-27 This item was presented by City Attorney Bob Cogswell stating that item 13 on tonight's agenda is the rewrite of the entire chapter 2 of the City code. The three sections require a public hearing to be held if there is going to be an amendment to them. The public hearing was opened at 8:15 and there being none to speak in favor or opposition, the public hearing was closed. Council took no action. 4A. Consideration of approval to readvertise for bids on AIP12 Project--Security System at Fayetteville Regional Airport. This item was presented by City Manager John Smith stating that the bids submitted had been considered too high and requires Council action to reject and readvertise. Councilmember McBryde moved to authorize readvertisement and rejection of all other bids. The motion was seconded by Mayor Pro-Tem Evans and carried unanimously. At this time City Manager John Smith stated that this would need Council action between September 26 and midnight September 30 and he recommended setting a special meeting for this action. Following some discussion Council agreed on setting the special meeting for Monday, September 30, noon in the City Hall Council Chambers. 4. Consideration of adoption of Municipal Agreement for improvements on Murchison Road at Pennsylvania Avenue/Jasper Street intersection. (Continued from meeting of September 3, 1991.) This item was presented by Traffic Engineer Louis Chalmers stating that left turning lanes were provided on Murchison Road in both directions with no traffic turning light on to Pennsylvania Avenue because the State had done a traffic count that showed a low volume during peak hours. Councilmember Torrey requested that Mr. Chalmers check into this again, because there are still rear end collisions at this intersection. Mr. Chalmers stated that they will review the accident pattern. Councilmember Pillow requested that Mr. Chalmers check into the left turn from Murchison onto Jasper because he feels that light never changes. Mr. Chalmers stated that he would check into these concerns and recommended that the Municipal Agreement be adopted with the following resolution: RESOLUTION WHEREAS, the North Carolina Department of Transportation has prepared and adopted plans to make certain street and highway improvements within this Municipality under Project W-2404, Cumberland County, bid plans consisting of the improvement of NC 87-210 (Murchison Road) at its intersection with Pennsylvania Avenue and Jasper Street; and, WHEREAS, said Department of Transportation and this Municipality propose to enter into an Agreement for the above-captioned project whereby this Municipality agrees: (1) to effect the necessary adjustment of any utilities under franchise without cost to the Department of Transportation, and (2) to provide for the adjustment of any municipally-owned utilities without cost to the Department of Transportation, except that said Department will reimburse this Municipality in accordance with said Department's Municipally-Owned Utility Policy; and, WHEREAS, said Department of Transportation agrees to acquire the right-of-way and construct the project in accordance with the approved project plans; and, WHEREAS, this Municipality agrees to reimburse the Department of Transportation to the extent of 15 percent of the cost of the right-of-way for the project with reimbursement to be made in one (1) lump sum payment upon completion of the project and within sixty (60) days of billing by the Department; and, WHEREAS, the Agreement will further provide for the establishment, maintenance, and enforcement of traffic operating controls for the regulation and movement of traffic on the project upon its completion. NOW, THEREFORE, BE IT RESOLVED that Project W-2404, Cumberland County, is hereby formally approved by the City Council of the Municipality of Fayetteville and that the City Manager and Clerk of this Municipality are hereby empowered to sign and execute the Agreement with the Department of Transportation. Councilmember Kendrick moved to follow the recommendation to adopt the Municipal Agreement seconded by Councilmember Cheek and carried unanimously. 5. Request to appear before Council from Linda Lee Allan. Mrs. Allan addressed the Council regarding her disappointment at their decision on a zoning matter heard at the September 3, 1991, City Council meeting. 6. Consideration of approval of redistricting plan. Mayor Dawkins stated that it had been suggested by the City Attorney that it would be best not to have any substitute motions. Each motion should be voted individually. City Manager John Smith presented this item stating that the maps have been on display for several months and there has been much discussion in addition to the three public hearings. Presented in the agenda packet were three ordinances representing changes in the current method of elections; i.e., 7 districts with 2 at-large, 7 districts with 3 at-large, and 9 districts with 0 at-large. The fourth option is to maintain the current system of 6 districts with 3 at-large, which the consultant stated would meet the legal requirements if the districts are realigned in accordance with the plan submitted at the last Council meeting. Also included in the agenda packet is the resolution which would realign the district maps. Councilmember Ross asked for the consultant's name and Mr. Smith responded that it is Mr. Jerry Wilson. Councilmember Bolton reminded everyone that Mr. Wilson had attended a Council meeting with all members present and having a chance to discuss the redistricting plans with him. Mr. Bolton stated that Mr. Wilson had given his opinion that with the realignment of the lines in the system now, with the 6 districts and 3 at-large, this would meet the legal requirements of the Department of Justice. Councilmember Bolton moved to incorporate the 6 districts with the 3 at-large system and adopt the resolution for the realignment that has been demonstrated. Councilmember McBryde seconded the motion. Mr. Smith recommended that for convenience sake, the same district numbers be maintained and included in the motion. Councilmember Bolton amended his motion to include maintaining the same district numbers and Councilmember McBryde seconded. At this time, Councilmembers Ross and Torrey left Council Chambers at 8:43 p.m. Mayor Dawkins requested that the City Attorney remind Councilmembers Ross and Torrey that unexcused absence is a "yes" vote. Mr. Cogswell spoke to Councilmembers Ross and Torrey in the hallway and they responded that they understood this. Councilmember Kendrick stated that his only problem with any of the (redistricting plans) is how we split up the precincts. The Board of Elections is faced with the problem of how to figure out who votes where. He is disappointed that a plan had not been devised to ease the splitting up of the precincts and hopes this can be done in the future. Mayor Dawkins called for a vote and it carried unanimously 9 to 0, pursuant to Section 160A-75. The resolution title is as follows: RESOLUTION ADOPTING REVISIONS TO THE ELECTORIAL DISTRICT BOUNDARIES OF THE CITY FOR THE PURPOSE OF CORRECTING POPULATION IMBALANCES AMONG THE DISTRICTS AS SHOWN BY THE 1990 FEDERAL CENSUS. RESOLUTION NO. R1991-080. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. 7. Consideration of award of contracts for the following projects: A. Consideration of award of contract for street resurfacing This item was presented by City Manager John Smith. He stated that Council's Streets and Roads Committee will be meeting Thursday night to consider additional streets. Those will come back to Council and can be added to this contract. Bids received were as follows: Crowell Constructors, Inc. $526,457.00 Barnhill Contracting Co., Inc. $579,811.30 McDonald Grading Co. $599,040.00 Councilmember Kendrick moved to award to low bidder of Crowell Constructors, Inc., in the amount of $526,457.00. The motion was seconded by Mayor Pro-Tem Evans and carried unanimously, pursuant to Section 160A-75, with Councilmembers Ross and Torrey unexcused absence from the Chambers. A copy of the 1992 Street Resurfacing List is attached to and made a part of these minutes. B. Consideration of award of contract for bond funded drainage project - Elm Street and Bayview Drive. The bid totals and recommendations presented in the agenda packet are as follows. The total of the bids received are tabulated below: Barnhill Contracting Co., Inc., $312,688.30 McDonald Grading Co. $382,605.75 Laughlin-Sutton $426,004.50 City Estimate $270,013.50 The recommendation was to award the contract to the low bidder, Barnhill Contracting Co., Inc., in the amount of $312,688.30. The project is to be completed as follows: Shopping Center November 27, 1991 All Other Work December 20, 1991 Liquidated damages are as follows: Shopping Center - $1,000 per day for each day of overrun All Other Work - $.50 per day per $1,000 of the bid amount for each day of overrun. Councilmember Cheek moved to follow the recommendation and award to the low bidder of Barnhill Contracting Co., Inc., in the amount of the $312,688.30. The motion was seconded by Councilmember McBryde and carried unanimously pursuant to section 160A-75, with Councilmembers Ross and Torrey unexcused absence from the Chambers. 8. Consideration of request for amendment to Section 5-17(3) of the Fayetteville City Code. This item was presented by City Manager John Smith stating that the Cape Fear Studios, Inc., with a gallery in the Municipal Market, is requesting to serve alcoholic beverages at their receptions and fund raising events. Councilmember Cheek wanted to verify that this action would not permit the sale of alcoholic beverages at this location sometime in the future. Mr. Smith responded this is for consumption only and we are unable to allow the sale. This ordinance only adds this exception to the list of other exceptions. AN ORDINANCE AMENDING SECTION 5017 "CONSUMPTION OF INTOXICATING LIQUORS." ORDINANCE NO. S1991-018. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried 7 to 2 with Councilmembers Robertson and Bolton voting against. (This item was reconsidered following item 12.) A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1991. Councilmember Ross returned to the Council Chambers at 8:46 p.m. and Councilmember Torrey returned to the Council Chambers at 8:48 p.m. and both voted on item 8. 9. Consideration of adoption of speed limit for Sycamore Dairy Road and Legend Avenue. This item was presented in the agenda packet by Traffic Engineer Louis Chalmers recommending adoption of the ordinance setting the speed limit at 45 mph. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8-SPEED CONTROL-SYCAMORE DAIRY ROAD). ORDINANCE NO. NS1991-039. Councilmember Robertson introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. 10. Consideration of an ordinance prohibiting parking on both sides of Saliba Lane. This item was presented in the agenda packet by Traffic Engineer Louis Chalmers with a recommendation to adopt the ordinance. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 11-PARKING PROHIBITED-SALIBA LANE). ORDINANCE NO. NS1991-040. Mayor Pro-Tem Evans 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 NS1991. Councilmember Cheek requested that Mr. Chalmers send a blank petition to the doctors in this area that have requested amendments to the parking ordinance. 11. Consideration of a petition for 4-way stops at McPhee and McRae Drive. This item was presented by Traffic Engineer Louis Chalmers with recommendations which should reduce area traffic accidents as follows: 1. Install nighttime-flashers on the curve warning signs on McPhee Drive at Brigadoon Lane. 2. Install curve warning signs on the McBain Drive curves. 3. Paint a double yellow center line on McPhee Drive from McRae/McBain to McGill/McBain Drive. 4. Install yellow raised pavement markers on center lines of both McPhee Drive and McBain Drive. 5. Request Fayetteville Police Department to provide periodic high visibility enforcement and DWI checks in the area. 6. Against installing the requested four-way stop at the intersection of McPhee Drive and McRae Drive because: a. Traffic conditions do not meet the Manual on Uniform Traffic Control Devices warrants for installation of four-way stops. b. The 3 percent to 4 percent grade on McPhee Drive may create hazardous stopping condition for northbound traffic. c. Multi stops have proven ineffective in reducing other traffic volumes or speed when installed in other areas of the City. Councilmember Robertson moved to follow the recommendations with the exception of the flashing light, seconded by Councilmember Bolton. Councilmember Bolton offered a friendly amendment to add reflectors to the sign in lieu of the flashing lights. Councilmember Robertson accepted the friendly amendment. Councilmember Kendrick asked Mr. Chalmers if the flashing light on the sign would help deter accidents. Mr. Chalmers responded, he thought it would. Mayor Dawkins called for the vote and it carried 8 to 1 with Councilmember Kendrick voting in opposition. 12. Consideration of request by United Carolina Bank for exception to street numbering policy. This item was presented in the agenda packet by City Manager John Smith as a request by United Carolina Bank to have a Morganton Road address instead of Sycamore Dairy Road. The proposed building will face the intersection diagonally which would permit numbering on either street. Councilmember Bolton moved to approve the request seconded by Councilmember Robertson and carried unanimously. At this time City Attorney Bob Cogswell stated that he has reviewed the ordinance concerning item 8 on the agenda for Cape Fear Studios and requested Council to reconsider this item. He stated that the ordinance limits the consumption to restaurants in the Market and he will rewrite this section deleting the word "restaurant." He also recommended deleting (a)(2) of the ordinance amendment and just include the Municipal Market in the existing section (a)(3) which lists fund raising events at the different locations. Councilmember Kendrick moved to reconsider item 8 seconded by Councilmember Cheek and carried 8 to 1 with Councilmember Ross voting in opposition. Councilmember McBryde moved to make the changes as recommended which would delete Section (a)(2) and add the Municipal Market premises to the Section (a)(3). The motion was seconded by Councilmember Pillow and carried 6 to 3 with Councilmembers Ross, Robertson, and Bolton voting in opposition. 13. Consideration of ordinance revising Chapter 2 of the Fayetteville City Code. City Attorney Bob Cogswell presented this item stating that he has made a revision to this ordinance because the current Section 2-15 that gives Public Works Commission Agent the authority to go on the property to inspect the meters, should really have been in Chapter 31. AN ORDINANCE CREATING A NEW CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES. ORDINANCE NO. S1991-019. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Torrey and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1991. At this time Councilmember Robertson acknowledged that he had received several complaints from citizens that have wanted to speak on non-public hearing items they saw on the agenda in the newspaper on Sunday before the meeting and were unable to speak because of the policy. Mr. Cogswell responded that that particular policy was written to eliminate the delegation portion of the agenda that allowed anyone to speak on any matter without a time limit. Councilmember McBryde stated that the normal procedure for anyone wishing to speak on an agenda item that is not a public hearing is to have Council set a public hearing so both sides could speak on an issue. Councilmember Cheek moved to refer this matter to the Policy Committee, seconded by Councilmember Robertson and carried unanimously. 14. Consideration of agreement for City participation in Blanton Road extension. This item was presented in the agenda packet by the City Manager with the following recommendations 1. That Council concur with the agreement as outlined in the attached memo for a five-lane road. 2. Any additional requirements imposed by NCDOT would not be part of this City's participation. 3. That City staff negotiate agreements with NCDOT and the property owners requiring the additional road improvement as part of the second phase of development. Any agreements involving the City would have to come back to Council for final approval. Councilmember Bolton moved to approve the participation agreement, seconded by Councilmember Pillow and carried unanimously. 15. Consideration of adoption of Annexation Report (Roxie Avenue - Boone Trail Area). This item was presented by Assistant City Manager for Operations Roger Stancil with a recommendation to adopt the annexation report. Councilmember Kendrick moved to follow the recommendation and adopt the annexation report, seconded by Councilmember Bolton and carried 7 to 2 with Councilmembers Torrey and Ross voting against. 16. Consideration of Lease Agreement between the City of Fayetteville and Cumberland County for space in property located at 116 Green Street. Assistant City Manager for Operations Roger Stancil presented this items and recommended approval. Following some discussion, Mayor Pro-Tem Evans moved to approve the Lease Agreement as recommended, seconded by Councilmember Cheek and carried 8 to 1 with Councilmember Robertson voting against. 17. Consideration of adoption of Budget Ordinance Amendment 92-1. City Manager John Smith stated that this is to put into the budget to cover the actions of item 16 lease agreement. This budget ordinance amendment is necessary to appropriate additional revenue as follows: 1. Rental income from a County agency in the amount of $16,308.00. The agency will be leasing 4,115 square feet at an annual rate of $7.00 per square foot in the former City Hall building located at 116 Green Street. The above amount represents payment for seven months. 2. Proceeds from the sale of the Anderson Street Library in the amount of $85,000.00. The funds will be to provide improvements to the former City Hall building. Councilmember Cheek moved to approve the budget ordinance amendment as recommended, seconded by Mayor Pro-Tem Evans and carried unanimously. 18. Consideration of approval of minutes of regular meeting of August 5, 1991. This item was presented by City Manager John Smith stating that thee minutes were carried forward to this meeting because of a question on a motion made by Mayor Pro-Tem Evans. A transcript of that item reveals that the motion was correct in the minutes. Councilmember Cheek requested that her amendment to Mrs. Evans' motion be corrected to show that she had requested staff also present a study of the free market and other alternatives. Mr. Smith stated that the other item in question dealt with adding to the motion adopting the resurfacing list that staff would return to Council with figures for the cost to pave the remaining portion of Skye Drive. This will also be forwarded to Council's Streets and Roads Committee. Councilmember Kendrick moved to approve the minutes of August 5 meeting with the amendments, seconded by Councilmember Torrey and carried unanimously. Councilmember Cheek stated she did not understand totally Mrs. Evans' motion concerning the garbage contract. She stated she believes we have agreed to a year's contract with businesses and having staff to present a proposal to solicit bids as of January 1 is inappropriate, therefore, she requested that this item be placed on the next agenda along with the contract as backup in the packet. 19. Consideration of adoption of disposal fee and interim guidelines for commercial and multi-family residential "roll-out" service. This item was presented by City Manager John Smith requesting that a correction be made in item 1 of the guidelines to change condominium "buildings" to "complexes". Councilmember Robertson moved to approve the interim guidelines with the amendments, seconded by Councilmember Bolton. Following discussion, Councilmember Robertson withdrew his motion, and moved to refer this item to Council's Policy Committee, seconded by Councilmember Kendrick and carried 8 to 1 with Councilmember Ross voting against. 20. Appointments: A. Nominations to fill one vacancy on Historic Resources Commission. There were no nominations to fill the vacancy of Wade Byrd, Historic District Property Owner category for a term to October 1992. B. Nominations to fill two vacancies on Joint Senior Citizen Advisory Commission Mayor Pro-Tem Evans moved to elect James E. Flanders and Millie Knowles for a second term. The motion was seconded by Councilmember Cheek and carried unanimously. C. Nomination to fill one vacancy on PWC Retirement Board. Councilmember Pillow moved to elect Robert Williams, PWC Chairman, to this vacancy, seconded by Councilmember Kendrick and carried unanimously. 21. Administrative Reports: A. Statement of taxes collected for the month of August, 1991, from the Cumberland County Tax Collector. The statement of taxes collected for the month of August, 1991 were accepted in the total amount of $276,979.22. B. Report on traffic signal operation on Village Drive and Purdue Drive. This report was furnished in the agenda packet by Traffic Engineer Louis Chalmers. C. Condemnation Settlement. City Attorney Bob Cogswell requested that the condemnation settlement of the property of Edgar Johnson and his wife, Lynn, adjacent to Cain Road be settled in the total sum of $13,500. Councilmember Kendrick moved to follow recommendation, seconded by Councilmember Pillow and carried unanimously. D. Discussion of American Disabilities Act Committee. Councilmember Cheek requested that staff include a representative from the Human Relations Department to be appointed as a member to this Committee. There being no further business, the meeting was adjourned at 9:40 p.m upon motion and second. Approved October 21, 1991 INFORMATION MEETING MINUTES MONDAY, SEPTEMBER 23, 1991 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, SEPTEMBER 23, 1991 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans; Milo McBryde; Nat Robertson; Tommy Bolton; Ida Ross; Joseph Pillow; Thelbert Torrey; Suzan Cheek; and Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations Robert C. Cogswell, Jr., City Attorney Mayor Dawkins called the meeting to order, and Councilmember Pillow offered the invocation. Mayor Dawkins then led the audience in the Pledge of Allegiance to the American Flag. The first item was a presentation of the proposed Fayetteville logo by the Fayetteville Advocates. Presentation was made by Al Cain with support from Greg Hathaway, Jean Hodges, and Gary Smith. Upon motion by Councilmember Evans, seconded by Councilmember Pillow, Council voted unanimously to adopt the proposed logo in concept and to direct the staff to review the logo and bring specific recommendations back to council. Council next heard a presentation of commercial recycling plans with the two companies with whom the City contracts for commercial garbage collection. Mr. Greg Peverall represented American Refuse Systems (ARS). He stated that recycling was an issue throughout the southeast. ARS currently has 580 City accounts. They have delivered 70 corrugated cardboard containers which divert 100 tons per month from the landfill. Ten of these are with fast food restaurants and 50 with convenience chain stores. The fee for the corrugated cardboard service is approximately 60% of the regular tipping fee. Mr. Steve Goode represented Waste Industries. Mr. Goode stated that Waste Industries currently has distributed 30 corrugated cardboard containers. They have also implemented office paper recycling with Carolina Telephone and Telegraph and the VA Hospital. These two office paper recovery programs divert approximately 12 tons per month from the landfill. Waste industries has also started a glass recycling program with Cowboys Nightclub. Upon motion by Councilmember Cheek, seconded by Councilmember Evans, Council voted unanimously to direct the staff to develop bid specifications and recommendations for a pilot residential curbside recycling program. City Manager John Smith then updated the City Council on the status of enhanced 911. This update included information that the County Commissioners will hold their public hearing next Tuesday night at 7:30 p.m. with implementation for the City scheduled for May, 1992. City Traffic Engineer Louis Chalmers then presented proposed revisions to the Fayetteville area thoroughfare plan to the City Council for their information. Action on these proposed revisions will be requested at a later date. Council then considered a resolution assigning recently annexed areas to election districts. The assignment of these areas to districts was presented by the City Manager John P. Smith. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ADOPTING REVISIONS TO THE ELECTORAL DISTRICT BOUNDARIES OF THE CITY FOR THE PURPOSE OF ACCOUNTING FOR TERRITORY ANNEXED TO THE CITY. Resolution NO. R1991-081 Upon motion by Councilmember Robertson, seconded by Councilmember Bolton, Council voted to adopt the foregoing resolution with Councilmembers Ross and Torrey voting in the negative. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. Council next considered two items requested by Councilmember Nat Robertson. The first item was the consideration of the policy concerning City employees and the use of City vehicles. Council asked the City Manager to review the administrative policy regarding this item. The second item for discussion was a consideration of residency requirements for the City Department Heads. Upon motion by Councilmember Robertson, seconded by Councilmember McBryde, Council voted to refer this item to the policy committee with Councilmembers Bolton and Ross voting in the negative. There being no further business, the meeting was adjourned at 9:10 p.m. Approved January 6, 1992 SPECIAL MEETING MONDAY, SEPTEMBER 30, 1991 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, SEPTEMBER 30, 1991 12:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3): Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6); and Nat Robertson (at-large) arrived at 12:04 p.m. Absent: Milo McBryde (at-large) excused Others Present: John P. Smith, City Manager Roger Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Tom Ray, Airport Manager The first items was consideration of bids for security system (AIP 12) - This item was presented by Airport Manager Tom Ray with a recommendation that the contracts be awarded to the low responsive bidders as shown below: BID AWARD CONTRACTOR PROJECT AMOUNT *R & E Electronics Security System $244,187 Richardson & Son Comet. General Construction $145,801 Watson Electric Electrical Work $148,780 Motorola C & E, Inc. Console $ 57,513 TOTAL BID AWARD AMOUNT $565,281 Bids received for the console were as follows: Ruble Communications $29,908.38 *Motorola C & E, Inc. $57,513.00 Console Systems, Inc. NO BID *Lowest Responsive Bidder Mr. Ray stated the ARFF Training Facility bids would be received October or November. The overall grant offer for these projects is $3,632,174.00. This reflects the actual and estimated costs of the above items, taking into account the 10 percent which will be a City responsibility. This 10 percent is shared by the state with the City making the total sharing federal 90 percent, state 5 percent, and City 5 percent. The bid for the security system is broken out by projects: Project Total Cost FAA State City Security $802,410 $722,169 $ 40,121 $40,120 Environment Assessment 105,700 95,130 5,285 5,285 ARFF Truck 51,443 46,299 2,572 2,572 Land Acquisition 84,387 75,948 4,219 4,220 ARFF Facility 2,991,809 2,692,626 149,590 149,591 TOTAL $4,035,749 $3,632,174 $201,787 $201,788 Councilmember Cheek moved to accept the low responsive bidders as recommended, seconded by Councilmember Kendrick and carried unanimously. The next item was consideration of grant offer for AIP 12 for the construction of a security system, land acquisition, equipment for rehabilitation of an ARFF vehicle, and an environmental assessment for a Highway 301 connector. Airport Manager Tom Ray recommended adoption of the following resolution: RESOLUTION AUTHORIZING, ADOPTING, APPROVING, ACCEPTING AND RATIFYING THE GRANT AGREEMENT FOR PROJECT NUMBER 3-37-0021-12 BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION R1991-082 THAT WHEREAS the FAA has approved a project for the Airport or Planning Area (herein called Project) consisting of the following: Construct regional aircraft rescue firefighting (ARFF) training facility; rehabilitate ARFF vehicle (1500 gallons): Airport Master Plan update (prepare environmental assessment for new access road); acquire land for airport development (13.41 acres, fee); and install security access control system (FAR 107.14) as more particularly described in the project application. THEREFORE BE IT RESOLVED, by the City Council of the City of Fayetteville: SECTION 1: That said City Council hereby authorizes, adopts, approves, accepts and ratifies the execution of the Grant Agreement between the Federal Aviation Administration on behalf of the United States of America and the City of Fayetteville for Project Number 3-37-0021-12. SECTION 2. That the execution of said Amendment to grant Agreement on behalf of said City Council by J L. Dawkins, Mayor, and the impression of the official seal of the City of Fayetteville and the attestation of said execution by Bobbie A. Joyner, City Clerk, is hereby authorized, adopted, approved, accepted and ratified. SECTION 4. That a true copy of the Grant Agreement referred to hereinabove is hereto attached and made a part of this Resolution as though it were fully copied herein. Adopted this 30th day of September 1991. Councilmember Kendrick 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 Resolution Book R1991. There being no further business, the meeting was adjourned at 12:06 p.m upon motion and second. Approved October 7, 1991 REGULAR MEETING MINUTES MONDAY, OCTOBER 7, 1991 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, OCTOBER 7, 1991 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Administrative Assistant to the City Manager Al Mitchell, Assistant City/County Planning Director Louis Chalmers, City Traffic Engineer Frank Simpson, Inspections Superintendent Tim Wood, PWC Manager Lieutenant J.D. Harrell, Police Stacy Weaver, Attorney Walter Moorman, Moorman and Kizer, Inc. Rajan Shamdasani, Omni Plaza Monroe Evans, Habitat for Humanity Vickie Burge, Briarcliffe Condominum Association Mandy Cameron, Terry Sanford Student Body Stephanie Freccia, Terry Sanford Student Body Ronnie Mitchell, 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 Mayor Dawkins welcomed everyone to the first meeting in October and called on Reverend Bill Gibson, Associate Pastor of Freedom Baptist Church, 117 West Mountain Drive, to offer the invocation, followed by the Mayor leading the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins commented on the Ground Breaking Ceremony held today for the new home for SHARE on Deep Creek Road. 1. Approval of Agenda City Manager John Smith requested to have items 2L and 2R4 pulled for discussion and item 11 pulled from the agenda due to negotiations still being underway for the Storm Drainage Improvement Project on Kinlaw Road. He stated that on item 7, Mr. Monroe Evans will be the speaker in the place of General Joseph Nagel. Mayor Dawkins stated he had several requests to move item 10 to the end of item 2. Councilmember Bolton moved to approve the agenda with the changes seconded by Councilmember Kendrick and carried unanimously. 2. Consent: Mayor Dawkins presented the consent agenda and asked if items should be removed before calling for action. Councilmember Evans requested to pull its D and E for discussion. Councilmember Cheek requested to pull item A for discussion and Councilmember Kendrick requested to pull items I, J, P, and V. Councilmember Cheek moved to approve the consent agenda. After a second from Councilmember Kendrick, the consent agenda and following items were unanimously approved. A. (Pulled for discussion) B. Approval of minutes of September 30, 1991, special meeting. C. Approval of tax refunds for over $100 as follows: Please Note: To view the tax refunds table, please see Book Y, page 2 of the City of Fayetteville Meeting Minutes. D. (Pulled for discussion) E. (Pulled for discussion) F. Set public hearing for November 4, 1991, to consider street name change for Sullivan Drive. G. Approval of the rezoning from C3 Heavy Commercial District and R10 Residential District to R5 Residential District or to a more restrictive zoning classification for an area located south of Pamalee Drive (US 401 Bypass) between Old Mintz Mill Road and the west end of Walden Road. (P91-77) H. Approval of the rezoning from M2 Industrial District to R6 Residential District or to a more restrictive zoning classification for an area located at 1219 North Street Extension. (P91-97) I. (Pulled for discussion) J. (Pulled for discussion) K. Adoption of Capital Project Ordinance Amendment 92-5. This amendment recognizes an additional bonus of $20,000 for the 1989 Rental Rehabilitation Program from the US Department of Housing and Urban Development and appropriates additional funding in the same amount. L. (Pulled for discussion) M. Adoption of a resolution requesting N.C. DOT participation in a drainage improvement at the southwest corner of Bragg Boulevard and Ames Street. A RESOLUTION REQUESTING NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PARTICIPATION IN DRAINAGE IMPROVEMENT AT THE SOUTHWEST CORNER OF BRAGG BOULEVARD AND AMES STREET. RESOLUTION NO. R1991-083. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. N. Approval of a proposal to sell city surplus property at no minimum bid or a reduced minimum bid--Davis Court (PIN 0437-13-13-3498) O. Adoption of ordinance establishing fire lane at Cross Points Center. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE 18-FIRE LANE). ORDINANCE NO. NS1991-041. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. P. (Pulled for discussion) Q. Set public hearing for October 21, 1991, to consider petition for 25 miles per hour speed zone on Lynhurst Drive. R. Adoption of ordinances imposing liens on the following properties: 1. 312 Barrett Street (Owner: Kenneth E. Duncan, et al) AN ORDINANCE IMPOSING A LIEN. ORDINANCE NO. NS1991-042. 2. 427 McDonald Street (Owner: Hezzie Matthews) AN ORDINANCE IMPOSING A LIEN. ORDINANCE NO. NS1991-043. 3. 926 Ellis Street (Owner: Mr/Mrs W. A. Blue) AN ORDINANCE IMPOSING A LIEN. ORDINANCE NO. NS1991-044. 4. (Pulled for discussion) 5. 216 "B" Street (Owners: Twyla M. Carter and Twyla C. Lane) AN ORDINANCE IMPOSING A LIEN. ORDINANCE NO. NS1991-045. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinance Book NS1991. S. Approval of Coin Telephone and Booth Agreement. T. Approval of bid award for purchase of 124 wood utility poles of various sizes to Thomasson Lumber Co., low bidder in the amount of $114,122.27. (PWC) Bids received were as follows: Vendor Total *Thomasson Lumber Co. $114,122.27 Philadelphia, MS North Pacific Lumber Co. $118,834.00 Portland, OR Brown Wood Preserving $121,839.67 Pensacola, FL Koppers Industries, Inc. $124,910.00 Florence, SC R.H. Whelan Co. N/A (Bid Bond Non-Complaint) Aurora, CO White Forest Products N/A (Bid Bond Non-Complaint) Northport, AL U. Approval of bid award for construction of 230 kV transmission line (Reilly Road to Waters Edge POD and 69kV Fenix tie line) to Sumter Builders, low bidder in the amount of $616,029.95. (PWC) Bids received were as follows: Bidder Total C.W. Wright $672,871.11 Floyd S. Pike $628,657.17 R.H. Bouligny No bid River City No bid *Sumter Builders $616,029.95 Weeks Construction No bid PWC Engineering Estimate $747,000.00 2A. Approval of minutes of September 3, 1991 regular meeting. Councilmember Cheek requested that the word "solid" fence be included in Councilmember Kendrick's friendly amendment to item C. Ms. Cheek moved to approve the minutes of September 3 meeting with the correction seconded by Councilmenber Kendrick and carried unanimously by voice vote. D. Adoption of Budget Ordinance Amendment 92-2 and award of contract to Old Dominion Brush Company for Tyler-mounted Leaf Collector. Mayor Pro-Tem Evans requested that a list of bidders who were sent invitations to bid be included in the packets in the future. Ms. Evans moved to adopt the budget ordinance amendment 92-2 and award of contract to Old Dominion Brush Company, Inc., for a total price of $25,000 as the only bidder. The motion was seconded by Councilmember Bolton and carried unanimously by voice vote. F. Adoption of resolution authorizing auction for disposal of surplus property. Mayor Pro-Tem Evans requested that a list of what the property sold for be included in the agenda packet in the future. A RESOLUTION AND NOTICE OF SALE OF SURPLUS PROPERTY. RESOLUTION NO. R1991-084. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption seconded by Councilmember Kendrick and carried unanimously by voice vote. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. I. Approval of the rezoning from R10 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the north and south sides of Sessom's Drive, east of Dunn Road (P91-99). Councilmember Kendrick asked if a buffer is planned on the Farrell Avenue/Breeze Trail side of the property. Assistant Planning Director Al Mitchell stated that Council cannot set buffer requirements during the rezoning process. Mayor Pro-Tem Evans moved to approve the rezoning as requested seconded by Councilmember McBryde and carried 8 to 1 with Councilmember Kendrick voting in opposition. J. Approval of the rezoning from R6 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 109 South Plymouth Street (P91-108). Councilmember Kendrick requested additional information concerning this item. Mayor Dawkins responded that an error was made when this property was annexed and the action tonight is to correct that initial zoning error. Councilmember Kendrick moved to approve the rezoning as recommended seconded by Councilmember Bolton and carried unanimously by voice vote. L. Adoption of a resolution authorizing condemnation of Parcel S-2 for Whitfield Street Sidewalk Project. City Manager John Smith stated that the negotiation has been going on for sometime for the easement on this particular piece of property and the property owner was not concerned with the amount of the easement but they did not want to grant the easement at all. He stated this could be done as a construction easement, which usually does not pay the property owner anything. This just moves dirt around and then it goes back to the property owner. Mr. Smith stated he feels it would be better for the property owner to have the slope and the other property owners along this project feel the same way and have granted the easements. Mr. Smith stated that this property owner informed him that this project could go on without his easement and it should he done that way. Mr. Smith recommends adoption of the condemnation resolution but not file it until he can have additional discussions with the property owner regarding construction easement. Councilmember Cheek moved to delay action until the next meeting to give staff a chance to work with the property owner again. The motion was seconded by Councilmember Kendrick. Mr. Smith asked if he would be unable to reach an agreement on the easement should we proceed with the Sidewalk Project and have a one-to-one slope. Councilmember Cheek restated her motion to give staff an opportunity to negotiate until the next Council meeting, without taking any action and without starting construction of the sidewalk. Councilmember Kendrick withdrew his second. Councilmenber Robertson seconded the motion. Following further discussion, Councilmember Kendrick offered a friendly amendment to add "if we cannot come up with the slope, then we will put it on the one-to-one slope". Councilmember Cheek asked Mr. Smith if the project is done with the one-to-one slope, would we put in a retaining wall or just leave it downhill. Mr. Smith responded that there would be no retaining wall. Councilmember Cheek stated she feels this would not be a good thing to do and did not accept the friendly amendment. Mayor Dawkins called for a vote on the motion which was to give staff an opportunity to negotiate until the next meeting without taking any action and without starting construction of the sidewalk. The motion carried 5 to 1 with Councilmember Pillow voting in opposition. P. Adoption of Ordinance establishing traffic control (stop intersections) in Stonebridge subdivision. Councilmember Kendrick asked if the City Police would be doing the enforcement on these private streets. Mr. Smith responded that the main street into this subdivision is a public street. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE f6-STOP INTERSECTIONS). ORDINANCE NO. NS1991-046. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow and carried unanimously by voice vote. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. R.4. Adoption of Demolition Ordinance for 506 School Street (owner: John T. and Mable Council). City Manager John Smith stated that this item was shown incorrectly on the agenda as imposing a lien and it should have been shown as a demolition ordinance. The ordinance enclosed with the agenda packet was correct. Frank Simpson, Inspections Superintendent, stated that this property has changed hands as of this morning, but the new owners have been aware of all the action that has taken place and was notified that it is on the agenda for tonight's meeting. Councilmember Bolton moved to adopt the demolition ordinance as recommended seconded by Councilmember Kendrick. Councilmember Ross stated she had spoken with the new owner and it his desire to demolish the structure and use the materials to rebuild. Councilmember Robertson was concerned that the new owner has not had the benefit of due process. Councilmember Bolton amended his motion to add that the property owner will have seven days to tear the structure down himself. Councilmember Kendrick accepted the amendment on his second to the motion. Mayor Dawkins called for a vote and it carried 8 to 1 with Councilmember Robertson voting in opposition. The ordinance title is as follows: AN ORDINANCE 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 STANDARD CODE OF THE CITY. ORDINANCE NO. NS1991-047. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. V. Approval of a proposal to sell City surplus property at no minimum bid or a reduced minimum bid - corner of Old McPherson Church Road and McPherson Church Road. Councilmember Kendrick asked what the zoning is on this property. Mr. Smith stated he did not know the zoning, however, it is next door to a dentist office under construction and the dentist wants to purchase, clear, and landscape the lot. Councilmember Kendrick moved to approve the request seconded by Councilmember Bolton and carried unanimously. At this time, Council considered item 10. 10. Report from Policy Committee: A. Consideration of Proposed Amendments to the City Wrecker Ordinance (Attorney Ronnie Mitchell requests to speak on this item). This item was presented by Councilmember McBryde, Policy Committee Chairman. He stated that the Committee recommended Council appoint a Chairman to the Wrecker Review Board and that the proposed fee schedule be approved, which includes the $5 fee to the City and recommended adoption of the ordinance which includes the $250 fine for running the wrecks. The City Manager has recommended contracting out City calls such as for all City vehicles, abandoned cars, etc. Councilmember McBryde moved to follow all recommendations with the exception of changing the City-initiated calls to include only calls on vehicles owned by the City or vehicles that the towing bill will be paid for by the City--all others would be on rotation. The motion was seconded by Councilmember Evans. Mr. McBryde also recommended that the Police Department let their officers know during their assemblies what is legal and not legal concerning rotation calls and to monitor them closely. Following some discussion, Councilmember Cheek offered a friendly amendment to remove Section 2C from the ordinance dealing with the $25 application fee and make it part of the fee schedule. Councilmember McBryde accepted the amendment. And Councilmember Evans accepted the amendment on her second. Councilmember Bolton recommended to Mr. McBryde to change the fee for running wrecks to $500 instead of $250. Councilmember McBryde accepted Mr. Bolton's amendment, Councilmember Evans did not accept the amendment on her second. At this time Mayor Dawkins recognized Mr. Ronnie Mitchell, Attorney, who had requested to speak on this matter. Mr. Mitchell stated he wonders if this is a government for the staff or the people. He stated that the proposed ordinance submitted by the wrecker companies contain things to ensure a fair rotation system that was not included in the ordinance amendment before Council tonight. He is submitting the proposals to include not permitting any wrecker owner to circumvent the ordinance by means of an assumed name, an agency relationship or the like. Also, including that a civil penalty be placed on anyone by the Police Chief, whether it be a Police Officer, City Councilmember, wrecker driver, or any person violating it. Their proposed ordinance asks that everyone be treated the same. Mr. Mitchell requested Council look at their proposals again. He requested those in the audience who came in support of this proposal to stand and there were approximately 50 people. Councilmember Cheek responded to Mr. Mitchell by thanking those who came tonight and those who have worked with the City on this matter. She stated that a City ordinance is implicitly to be administered fairly and carried out fairly by staff and by officials of the City so there is no need to write it in. That is part of any kind of legislation that is made. Ms. Cheek stated that we as Americans can expect our ordinances to be carried out fairly and there is recourse if they are not. She feels that has been taken into consideration. At this time, City Attorney Cogswell stated there was a correction to be made in the ordinance at Section 20-160. He stated the penalty provision should apply to any wrecker or tow truck whether they are licensed or not and the wording "whether or not" needs to be inserted at this point in the ordinance. Mayor Dawkins called for a vote on the motion and it carried 6 to 3 with Councilmembers Ross, Robertson, and Kendrick voting against. The ordinance title is as follows: AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 20, ARTICLE XII, "WRECKER AND TOW SERVICE." - ORDINANCE NO. S1991-020. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1991. B. Consideration of Policy on acceptance of private streets for City Maintenance. Councilmember McBryde, Policy Committee Chairman, stated the Committee is recommending to refer this to staff for their recommendation on standards for future private streets and to develop guidelines for acceptance of private streets built prior to adoption of the new standards. The motion was seconded by Councilmember Pillow and carried unanimously. C. Consideration of guidelines for providing non-residential "roll-out" garbage and trash collection service. Councilmember McBryde, Policy Committee Chairman stated the Committee recommends that businesses or residences with 8 or fewer units per complex be given 1 roll-out each. Due to the cost, they are not recommending roll-outs for businesses in shopping centers. Councilmember Robertson stated he would have to vote against this recommendation because he feels businesses should be able to ask for roll-outs and not be excluded because of their location. Councilmember McBryde moved to accept the Committee's recommendation, seconded by Mayor Pro-Tem Evans and carried 8 to 1 with Councilmember Robertson voting against. D. Consideration of revision to policy regarding non-public hearing agenda items. This item was presented by Councilmember Cheek stating that the Committee had recommended that the policy be amended to add a statement in the advertisement of the Council agenda to state that if a citizen wants to communicate with the Council concerning a non-public hearing agenda item, they may write a letter to the Council concerning that item and provide 15 copies to the City Manager's office by 5:00 p.m. on the day of the Council meeting. These letters would then be placed in front of the Councilmembers before the meeting. Councilmember Cheek moved to follow the recommendation of the Policy Committee seconded by Mayor Pro-Tem Evans and carried unanimously. Mayor Dawkins then returned to item 3A on the agenda. 3. Planning Board Matters: A. Consideration of Vanstory Hills, Section IX-B in an R10 Residential District for preliminary and final subdivision review for an area located on the south side of SR 1400 (Cliffdale Road), north of Huntington Drive. (P91-223) This item was presented by Al Mitchell, Assistant Planning Director, stating that the Planning Board recommends approval of plat with conditions and changing the word "dedicated" to "reserved" in condition number 12 along Cliffdale Road. The conditions are as follows: 1. That the Public Works Commission approve water and sewer plans. 2. That the City Engineer approve street and drainage plans. 3. That all state sedimentation and erosion control ordinances be complied with during construction. 4. That the planning staff approve street names prior to final plat submission and that all street name signs be installed before any occupancy permit be issued. 5. That the NC Department of Transportation approve street plans and that the streets(s) be constructed to the NC Department of Transportation standards for secondary roads. 6. That the City Engineer approve the proposed curbcut(s) and that the property permit(s) be obtained prior to building permit application. 7. That, if applicable, the signage for this development be in accordance with the applicable sign regulations as set forth in Chapter 3 of the City Code and that the proper permit(s) be obtained prior to the installation of any permanent signs on the property. 8. That a final plat be submitted to the planning staff for review and approval for recording and that the plat must be recorded prior to the sale of any developed lot or unit in this development. 9. That this plat be addressed by the planning department prior to the issuance of a building permit. 10. That the final plat show a "no access easement" along Cliffdale Road for lots 847 through 850. 11. That the minimum front yard setback of 30 feet be provided along both property lines which adjoin the right-of-way lines of the proposed public streets for lots 857, 856, and 853. The following conditions are from the City Engineer: 12. That 13 feet of additional right-of-way be reserved along Cliffdale Road (a major thoroughfare) to accommodate future widening, utilities, and sidewalk. 13. That a detailed driveway permit application be submitted to the City Engineering Department for review and approval for each driveway. 14. That all street rights-of-way should be graded to City standard sidewalk grades with a maximum 2H:1V bank slope beyond the right-of-way line, tying into natural grade. 15. Street construction, storm drainage and utility plans shall be submitted to the City Engineering Department for review prior to construction. 16. A minimum 20 feet wide easement shall be dedicated for all underground storm drainage 30" diameter or less (not within streets) and utility lines. Where two utility lines are within a single easement or a storm drain larger than 30" in diameter, the easement shall be 30 ft. in width. 17. Final street and drainage plans shall be reviewed and approved prior to building permits being issued. 18. All erosion and sedimentation regulations shall be observed. 19. That a plat suitable for recording, showing all required rights-of-way and easements, be approved by the City Engineer prior to recording in the Cumberland County Registry. 20. Street address numbers shall he assigned prior to building permits being issued and the builder shall post those numbers (minimum 4") for each building in full view of the street immediately upon beginning construction. City Attorney Bob Cogswell stated that because the City Traffic Engineer, Louis Chalmers, had appealed this case, he recommended that the standard zoning time limits (for speakers) be given to Mr. Chalmers and Stacy Weaver, who has requested to speak on this item. They (developers) are working on a time constraint. City Manager John Smith was recognized and stated that his memorandum in the agenda packet contained information on the question of how the City would pay for right-a-way for future thoroughfares. He summarized by saying that there were three ways for the City to fund thoroughfares: 1. City Funds derived through Bond Issues which require tax increases. 2. Development Impact Fees. 3. Dedication of right-of-way by developers. City Engineer Louis Chalmers stated that historically the City has required right-of-way dedication in lieu of impact fees for thoroughfare improvements necessitated by new developments. He stated that the City is concerned with the future products as well as the current Van Story subdivision project, which will be very costly. He concluded by stating that they plead that Council consider protection of the thoroughfare plan over the next 20 to 30 years and investment of public funds in protecting that thoroughfare plan. Mr. Chalmers submitted the traffic count and summary of average vehicle traffic generation for the Van Story subdivision as part of the official record. At this time, Mayor Dawkins recognized Stacy Weaver, attorney representing McLean petitioners for the plat approval. They are asking for the removal of the requirement for a dedication of 15 feet along this road. Mr. Weaver quoted from the Constitution, Fifth Amendment, last clause which stated, "nor shall any private property be taken for any public purpose without just compensation." Mr. Weaver stated he feels they do not have that assurance because they have cone to dedicate 16 Lots and they (Planning Department) are saying to them that they have to give up 13 feet of the land, even though they are not directly opening any entryway onto Cliffdale Road. Mr. Weaver that all citizens use the roads, not just 16 lot owners and therefore he feels it is fair to spread that cost among all the taxpayers of the City of Fayetteville. Mr. Weaver stated they were willing to reserve the area not included in these lots and not build on it or sell it to anyone. Mr. Weaver concluded by stating that fairness dictates that Council not require a dedication but allow it to be reserved, unless there is a provision made for just compensation. Councilmember McBryde moved to follow the recommendation of the Planning Board to reserve instead of dedicate the property. The motion was seconded by Councilmember Ross. Councilmember Pillow feels that this would set a precedence for future developers to request the same thing. He feels the developers should pay and not the citizens. Councilmember Torrey agreed with Mr. Pillow. Councilmember McBryde responded that he feels the City is trying to come up with rules in the middle of the game. He stated he was not familiar with this happening in the past. And if we are going to charge per lot per business, we should come up with the rules before we go into a case. Councilmember Bolton agreed with Mr. McBryde and suggested that City staff, in conjunction with the Policy Committee, come up with a workable solution in case this same situation comes up in the future. Mayor Dawkins called for a vote on the motion and it carried 7 to 2 with Councilmembers Pillow and Torrey voting in opposition. Councilmember Cheek requested to add to Mr. McBryde's request that staff come up with something to go to the Council's Policy Committee by the end of this year. 4. PWC Matters: A. Consideration of bid award for Fault Interrupters for the County Park and Raeford Road Substation to Robert W. Chapman and Company, sole source supplier for this equipment. This item was presented by PWC Manager Tim Wood stating that this was a single sole source bidder because one particular company currently holds the patent and that it has not expired. PWC recommends approval of bid award to Robert W. Chapman and Company in the amount of $31,270.00 each. Councilmember McBryde moved to approve the bid award as recommended seconded by Councilmember Bolton and carried unanimously. B. Consideration of Generator Field Rebuild Program. (Sole service supplier) GE, sole service supplier, submitted the following bids: For generator fields delivered and installed on a 7-day - 12 hours per day basis in calendar year 1991 - $425,175.00 each. *For generator fields delivered and installed on a straight- time work basis in calendar year 1991 - $421,200.00 each. *Recommend bid Councilmember Bolton moved to follow the recommendation seconded by Councilmember Kendrick and carried unanimously. 5. Presentation on award of contract for Public Safety Computer and Administrative LAN Computer. This item was presented by Assistant City Manager Ben Brown stating that this recommendation is the culmination of two years of effort with the assistance of a Computer System Consultant in which we identified, assessed, and documented our automation needs evaluated system/technologies which were available in the market place; and accomplished extensive review and evaluation of bids submitted to us. A copy of the bid tabulation is attached to and made a part of these minutes. Recommendation was to award to the lowest responsive bidder of U.S. West Public Safety Group in the total amount of $326,345.46. Mr. Brown recommended that Council authorize negotiation of contract to be returned by October 21, 1991. Councilmember Ross moved to follow the recommendation, seconded by Councilmember Torrey and carried unanimously. 6. Consideration of request to appear by Walter Moorman to discuss Water Supply Watershed Protection Act. (Also requesting to speak is Rajan Shamdasani.) This item was presented by Walter C. Moorman stating that House Bill 156 requires the Environmental Management Commission to adopt rules establishing water supply watershed classifications and minimum management requirements for the protection of the surface water supplies of the state. He stated that along with the restrictions placed on the private property in both watersheds, the future development of Fayetteville State University and the use of its newly acquired land will be severely restricted. Mr. Moorman was requesting that Council pass a resolution requesting the Environmental Management Commission to classify Little Cross Creek and Big Cross Creek as WS IV in the proposed regulations. The resolution would then be forwarded to Dr. George T. Everette, Director, NC Environmental Management Commission, P.O. Box 29535, Raleigh, NC, 27626-0535. Mr. Rajan Shamdasani was also recognized and he concurred with Mr. Moorman. Mayor Pro-Tem Evans moved to follow the recommendation and appeal to the state by adopting the resolution to make the change to WS IV. The motion was seconded by Councilmember Ross and carried unanimously. The resolution title is as follows: (WATERSHED RESOLUTION) RESOLUTION NO. R1991-085. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. 7. Consideration of request by Gen. Joseph L. Nagel to appear on behalf of Habitat for Humanity. Mayor Dawkins stated that General Nagel would not be able to appear and Mr. Monroe Evans would be making the presentation on his behalf. Mr. Evans explained the program of Habitat for Humanity and requested Council authorize the City staff to help them find an appropriate location in the Old Wilmington Road area suitable for development. Councilmember Ross moved to authorize the staff to work with Habitat for Humanity to find an appropriate area in the Wilmington Road area and return to Council for final action. The motion was seconded by Mayor Pro-Tem Evans and carried unanimously. 8. Consideration of request to appear by Vicki L. Burge, representing Briarcliffe Condominium Association Board of Directors. Ms. Vickie Burge was recognized stating that the Briarcliff Condominium Association has more than 8 units, therefore, is considered commercial. With the new assessments they have experienced an increase in their charge for garbage disposal from $232 a month to approximately $2,000 per month. This would average out to about $84 per unit. This is a good deal more than the $25 fee for the single family unit. She stated that she is on the agenda for the County Commissioners for the same reason they are appearing before Council tonight. Ms. Burge stated they are not sure what the solution might be but are asking Council for some direction. City Manager John Smith responded that the disposal fee will be coming down within the next 60 days to about one-half of the cost. Following some discussion, Councilmember McBryde asked Mr. Smith to return a report to Council at the next meeting on how this is working out. 9. Consideration of request to appear by Stephanie Freccia and Mandy Cameron, representing Terry Sanford Student Body. Mandy Cameron, representing Terry Sanford Student Body, stated they were appealing the decision by staff to deny their homecoming calvacade parade permit. She stated that she feels an isolated incident that happened with E.E. Smith involving an accident with a Police officer should not penalize all schools. She also has a report that traffic has decreased along this route rather than increased. Stephanie Freccia concurred with Ms. Cameron and added that budget cuts have affected many traditional activities, but the calvacade is cost free and requested that the route be changed rather than cancel the calvacade. City Manager John Smith responded that there have been several incidents involving the calvacades, however, the accident involving E.E. Smith was very severe, because a Police Officer was permanently injured. Mr. Smith stated that in terms of cost to the City, a parade costs much more. In terms of safety to the participants, it is worth the additional cost to the City. Mr. Smith stated that Dr. David Pugh, Principal of Terry Sanford High School, is not appealing the decision to deny the permit. Following some discussion, Councilmember Bolton moved to have staff provide a short parade route to satisfy this event before Friday. The motion was seconded by Councilmember Cheek. It was determined that a vote was needed for this request. 10. (This was covered at the end of item 2) 11. (Pulled from agenda) 12. Consideration of request from Lock's Creek Subdivision for acceptance of streets. This item was presented by City Manager John Smith stating that this was a mobile home subdivision that was partially built when annexed. All of the streets had been dedicated and the streets that had been completed were under NC DOT standards. The request is for the City to allow the completion of the dedicated streets under NC DOT standards. Mr. Smith presented the following options: 1. Require the streets to be constructed under current City standards. 2. Allow completion under DOT standards. 3. Require all city standards except concrete curbs. 4. Withhold action until City standards are revised. 5. Refer this matter to Streets and Roads Committee. Mr. Smith recommended option 3 because he feels it is reasonable if the developer cannot wait for the City to develop revised standards. Mayor Pro-Tem Evans moved to refer this to the Council Streets and Roads Committee, seconded by Councilmember Ross. Following some discussion Councilmember Pillow offered substitution motion to follow the recommendation of staff to approve option number 3, seconded by Councilmember Cheek. The substitute motion carried unanimously. 13. Consideration of request for Alexander Graham School Cupola. This item was presented by City Manager John Smith. He reviewed the history of the cupola and recommended that the City declare it surplus property and authorize disposal of the cupola. Mr. William R. Caviness, Jr., has offered to pay the cost to move the cupola and would be willing to offer this structure back to the City in restored condition upon his death. Mr. Joe Hollinshed was instrumental in getting the cupola for the City. This was to be used as a main feature in the Farmer's Market Project. This project was not completed. Mr. Smith stated he had contacted Mr. Hollinshed and made him aware of the situation. And Mr. Hollinshed informed Mr. Smith he knew of someone that was interested in acquiring the cupola and would have him get in touch with Mr. Smith. Mr. Smith has not heard from Mr. Hollinshed's friend. Mr. Smith stated that the cupola is in a very bad deteriorated stage. Councilmember Kendrick moved to follow the recommendation and declare the Alexander Graham School Cupola surplus property and authorize City Manager to arrange transfer of the property. The motion was seconded by Councilmember Ross. Mayor Pro-Tem Evans offered a friendly amendment to the motion to add "with Joe Holinshed's approval." Councilmember Kendrick did not accept the friendly amendment. Following further discussion Mayor Dawkins called for a vote and the motion carried 6 to 3 with Councilmembers Cheek, Pillow, and Evans voting against. 14. Consideration of the addition of several streets to be resurfaced as approved by the Streets and Roads Committee meeting on September 19, 1991. This item was presented by City Manager John Smith stating that the $173,500.00 is available for add-ons to the resurfacing list which is as follows: STREET FROM TO LGTH WDTH 1. Faber St. Roxie Ave. Madison Ave. 1,866 32 2. Clearwater Dr. Country Club Dr. Hilliard Dr. 2,580 32 3. Austin Dr. Craft St. End 1,165 25 4. Coker St. Austin Dr. Brenda Dr. 520 25 5. Bennington Rd. Foxhall Rd. Cul-De-Sac 800 32 6. Westchester Dr. Foxhall Rd. Edgewater Dr. 1,125 32 7. Doll Street Chandler St. Tally-Ho Dr. 720 32 8. East Plum St. West Orange St. Dead End 450 32 9. Corrina St. Cochran Ave. Cochran Ave. 2,835 32 12,061 LF 2.28 MILES Councilmember Bolton moved to approve the addition to the resurfacing list as recommended seconded by Councilmember Kendrick and carried 8 to 1 with Councilmember Cheek voting in opposition. 15. Consideration of adoption of resolution concurring with Cumberland County Ordinance establishing the Enhanced 911 Public Safety telephone service. This item was presented by City Manager John Smith stating that the target date for the switch over in the City to be E-911 is May 1, 1992. He recommends adoption of the resolution. 911 RESOLUTION. RESOLUTION NO. R1991-086. Councilmember Robertson moved to adopt the foregoing resolution seconded by Councilmember Evans and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. 16. Consideration of Lease Agreement between the City of Fayetteville and Cumberland County Community Action for space in property located at 116 Green Street. This item was presented by Assistant City Manager Roger Stancil with a recommendation for approval. Councilmember Cheek moved to approve the lease agreement as recommended, seconded by Councilmember Kendrick and carried 8 to 1 with Councilmember Robertson voting in opposition. 17. Consideration of establishment of truck routes - weight limits. The City Traffic Engineer recommended this be referred to the Streets and Roads Committee of Council. Councilmember McBryde moved to follow the recommendation seconded by Councilmember Bolton and carried unanimously. 18. Consideration of designation of voting and alternate delegate for 1991 Annual League Business Meeting to be held Monday, November 11, 1991 in Charlotte, N.C. Councilmember Kendrick moved to appoint Mayor Dawkins as the Delegate and Councilmember Bolton nominated Councilmember Ross as alternate delegate. The vote was unanimous. 19. Appointments: A. Nominations to fill five vacancies on Historic Resources Commission. Councilmember Kendrick nominated Wayne McGary for a second term in the licensed/registered architect category. Councilmember Evans nominated Mrs. Sue Bandy in the Historic Preservationist, or Cultural or Social Historian category for the vacancy of W. Edward Murphy. Councilmember Cheek nominated Henry Player in the building designer or land use design professional category for the vacancy of Ronald Wilson. Councilmember Evans nominated Jon Young for the at-large category for the vacancy of Betty Deem. Councilmember Torrey nominated Matthew B. Jarmond, Jr., for the at-large category. Nominations are still open for the vacancy of Wade Byrd in the historic district property owner category term to October 1992. B. Nominations to fill eight vacancies on Parks and Recreation Advisory Commission. Councilmember McBryde nominated Sandy Saunders for a second term. Councilmember Bolton nominated Pat Hales and Mike Walker for second terms. Councilmember Ross nominated Mrs. Annie Chavis. Councilmember Pillow nominated Ike Walker. Councilmenber Evans nominated Russ Warner in the Board of Education category for a second term. And Councilmember Torrey nominated David Pugh for a second term. Nominations are still open for the vacancy of Joe Hempstead. C. Nominations to fill one vacancy on Appearance Commission. Nominations are still open for the vacancy in the at-large category recently changed from CURB Director, term to December 31, 1993. 20. Administrative Reports There were no administrative reports. There being no further business. The nesting was adjourned at 10:30 p.m. upon motion and second. Approved November 4, 1991 Please Note: To view the Traffic Flow Table, please see Book Y, page 14 of the City of Fayetteville Meeting Minutes. REGULAR MEETING MINUTES MONDAY, OCTOBER 21, 1991 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, OCTOBER 21, 1991 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Tommy Bolton (District 1); Joseph Pillow (District 3); Thelbert Torrey (District 4); Susan Cheek (District 5); and Mark Kendrick (District 6); Ida Ross (District 2) arrived 8:00 p.m. Absent: Nat Robertson (at-large) Others Present: John P. Smith, City Manager Roger Stancil, Assistant City Manager for Operations Assistant Manager John B. Brown, Jr., City for Administration and Finance Robert C. Cogswell, Jr., City Attorney Mike Walker. Interim City Engineer Louis Chalmers, City Traffic Engineer Tim Wood, PWC Manager Al Mitchell, Assistant City/County Planning Board Director Elisa Novick, Historic Resources Planner 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 Rabbi Bernard P. Shoter, Beth Israel Congregation, Morganton Road, to offer the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins commented on the ribbon cutting for the City's computerized signalization of traffic lights this morning. Presentation of grant check from Metropolitan life Insurance to Fayetteville-Cumberland County Youth Council: Jennifer Denning, President of the Fayetteville Cumberland County Youth Council received a grant check from Pat Johnson of Metropolitan Life Insurance. Recognition of City Employee of the Year: Mr. Smith recognized Mr. Johnny W. McLean of Parks and Recreation as being chosen City Employee of the Year. Mr. McLean received a standing ovation. Mr. Smith reported that Councilmember Robertson is in Atlanta and will be unable to attend the meeting. And Councilmember Ross will be late for the meeting because of being at another function. Councilmember Bolton moved to excuse Mr. Robertson and Ms. Ross until her arrival. The motion was seconded by Councilmember Torrey and carried unanimously of those members present. 1. Approval of Agenda City Manager John Smith requested to add item 14, which is Consideration of Cancellation of the Information Meeting and to item 2K, which is the correction on the minutes of September 30 Information Meeting regarding Airport Contract. Councilmember Cheek requested to add item 15, the letter from Tim Wood regarding watershed planning from the information portion of the packet. Councilmember Kendrick moved to approve the agenda with the additions seconded by Councilmember Bolton and carried unanimously by voice vote. 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 2A and Councilmember Torrey requested to pull item 2F for discussion. Mayor Pro-Tem Evans moved to approve the consent agenda with the exception of items A and F. After a second from Councilmember Pillow, the consent agenda and following items were unanimously approved. A. (Pulled for discussion) B. Approve of tax refunds. (See attached list) The following tax refunds for over $100 has been approved: Please Note: To view the tax refunds table, please see Book Y, page 16 of the City of Fayetteville Meeting Minutes. C. Adopt of a resolution authorizing condemnation of Parcel 14 for Scarborough Street Drainage Improvement Project. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1991-087. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. D. Approve of correction to Resolution and Notice of Sale of Surplus property. This correction changes the location of the auction from 433 Hay Street to Lamon Street. E. Approve setting public hearing for November 4, 1991, to consider a petition for 25 miles per hour speed zone for streets in Kingsford Subdivision. F. (Pulled for discussion) G. Approve of setting public hearing for November 4, 1991, for citizen input on the Comprehensive Housing Affordability Strategy (CHAS). H. Approve of setting public hearing on November 4, 1991, to consider the number of certificates of public convention and necessity for taxicab franchises in the City of Fayetteville for 1992. I. Approve of adoption of Capital Project Ordinance Amendment 92-6. This amendment appropriates $10,678 to Federal Drug Forfeiture Funds to additional receipts of $10,440 and an adjustment to the interest earned for fiscal year ending June 30, 1991, in the amount of $238. J. Approve of adoption of Budget Ordinance Amendment 92-3. This amendment reflects the appropriation of rental income from the Cumberland County Community Action Program in the amount of $10,234. This is for leasing of 2,924 square feet at an annual rate of $7 per square foot in the former City Hall building effective January 1, 1992. K. Approve correction of minutes of September 30, 1991 special meeting. A typographical error in the Airport Manager's memorandum concerning this bid award should show the contract amount to Richardson and Sons, Inc. in the amount of $145,801 instead of $114,801. 2A. Approval of minutes of regular meeting of September 16, 1991. Councilmember Cheek stated that item 17 should show the action taken on this item as follows: Councilmember Cheek moved to approve the Budget Ordinance Amendment as recommended, seconded by Mayor Pro-Tem Evans and carried unanimously. Councilmember Cheek moved to approve the minutes of September 16 as corrected seconded by Councilmember Pillow and carried unanimously 7 to 0. 2F. Approve of bid award for construction of a 48-inch raw water line from Hoffer Water Plant to Murchison Road to Rockdale Pipeline, Inc., low bidder in the amount of $1,637,316.60. (PWC) Bids received were as follows: Vendor Total *Rockdale Pipeline, Inc. (Conyers, GA) $1,637,316.60 Yates Construction Co, Inc. (Stokesdale, NC) $1,697,326.00 Bryant Electric Co, Inc. (High Point, NC) $1,699,376.00 Wright & Lopez, Inc. (Matthews, MC) $1,732,004.00 T.A. Loving Company (Goldsboro, NC) $1,768,500.00 Glover Construction Company, Inc. Pleasant Hill, NC $1,792,504.00 J.F. Wilkerson Contracting Co. (Morrisville, NC) $1,840,085.60 Hall Contracting Corporation (Charlotte, NC) $1,893,512.00 R.H. Moore Company, Inc. (Murrells Inlets, SC) $1,940,060.00 Hobby Construction Co. (Newberry, SC) $2,003,967.40 Mark H. Johnson (Carolina Beach, NC) $2,017,994.00 State Utility Contractors, Inc. $2,163,954.00 Dellinger, Inc. (Monroe, NC) $2,229,728.00 B.R.S., Inc. (Richfield, NC) $2,773,143.00 Councilmember Torrey asked what area this pipe would be laid in. PWC Manager Tim Wood responded that he did not have this information tonight but he would get the map to Mr. Torrey in the morning and all right-of-way has been acquired. Councilmember Torrey moved to approve the bid award as recommended seconded by Councilmember Bolton and carried unanimously 7 to 0. 3. Public Hearings: Mayor Dawkins read the policy on the time limit for the public hearing speakers as well as the non-public hearing speakers. A. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32, "Zoning" to set forth provisions for buffer requirements. (P91-89) This item was presented by Al Mitchell, Assistant Planning Director, stating that Council initiated this action. And the Planning Department recommends approval of the ordinance amendment. This is the advertised public hearing for this date and time. Mayor Dawkins opened the public hearing at 7:26 p.m. and recognized Mr. Dan Hicks, 1422 Summit Avenue, speaking in favor of the amendment. Mr. Hicks is the Chairman of Fayetteville Appearance Commission and this ordinance amendment goes hand-in-hand with the landscape ordinance that they are working on at this time. Also appearing in favor of this ordinance amendment was Lonnie Player, 341 Summertime Road, who concurred with Mr. Hicks. Mr. Player stated that if this amendment and the landscape ordinance were adopted at the same time, there is a possibility of a conflict. Mr. Player stated he is definitely in favor of a buffer between commercial and residential areas. There was none to appear in opposition and the public hearing was closed at 7:29 p.m. AN ORDINANCE AMENDING CHAPTER 32 "ZONING" (SECTION 32-21 BUFFER REQUIREMENTS.) ORDINANCE NO. S1991-021. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption seconded by Councilmember Bolton and carried unanimously 7 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1991. B. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, by amending Chapter 32 "Zoning," Article IX, Section 32.62 "Building Permit Required" by adding Section 32-62.1 "Vesting Development Rights" to allow a property owner to vest his development rights for a period of two (2) years when review and approval is not required under the City subdivision regulations by securing a zoning permit; and Chapter 27 "Subdivisions," Article II, Section 27-3B Submission of Final Plat to Planning Department, is amended in Subsection (1) by deleting the words "one year" and substituting therefore the words "two years" and adding a new Subsection 27-3(b)(3) as follows: "Following approval of a preliminary plat, site plan, or recording a final plat, an owner shall have a vested right to develop the property in accordance with the conditions of approval for two years." (P91-93) This item was presented by Al Mitchell, Assistant Planning Director, stating that this is to put the ordinance in line with the Senate Bill No. 766 and the planning Board recommends adoption. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:45 p.m. and there being none to speak in favor or opposition, the public hearing was closed. AN ORDINANCE AMENDING SECTION 27-3 (b) SUBMISSION OF FINAL PLOT TO PLANNING DEPARTMENT, AN ARTICLE IX OF CHAPTER 32 (VESTED DEVELOPMENT RIGHTS). ORDINANCE NO. S1991-022. Mayor Pro-Tem Evans moved to follow the recommendation and adopt the foregoing ordinance seconded by Councilmember Pillow and carried unanimously 7 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1991. C. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32 "Zoning," Article IV, "District Use Regulations" by creating Section 32-28.1 P3(P) Flex Office District; and Article V "District Dimensional Regulations" by creating section 32-42.1 P3(P) Flex Office District," and Chapter 27 "Subdivisions," Section 27-16 "Fees," by adding 32-28.1. (P91-100) This item was presented by Al Mitchell, Assistant Planning Director, stating that this ordinance is to allow some flexibility within the office district for things such as some retail, some warehousing, and some repair type services. The Planning Board has recommended approval of the zoning amendment. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:45 p.m. and there being none to speak in favor or opposition the Public hearing was closed. Mayor Pro-Tem Evans moved to adopt the ordinance as recommended seconded by Councilmember McBryde. Councilmember Kendrick stated he feels that this is leaving the professional district too wide open. Councilmember Cheek agreed and offered substitute motion to send this item back to the Planning staff, seconded by Councilmember Kendrick. The motion failed 2 to 5 with Councilmembers Evans, McBryde, Bolton, Torrey, and Pillow voting in opposition. Mayor Dawkins called for a vote on the original motion to adopt the ordinance and it carried 5 to 2 with Councilmembers Cheek and Kendrick voting in opposition. This will be placed on the next agenda for a second reading. D. Consideration of amendments and revisions to the Fayetteville Zoning Ordinance, Article III, "General Provisions," Section 32-5, "Definitions," by renumbering Subsection (1) Billboard as (1.2) Billboard, and adding Subsection (1.1) Artisan or Craftsman; and amending Article IV, "District Use Regulations," Section 32-30, "C2 Central Business District," by deleting Subsection (4) reserved, and adding Subsection (4) to include the following use: Artisan and craftsman activities after obtaining a Special Use Permit: and adding Subsection (14) to include the following use: Specified Assembly, manufacturing, processing, mini-warehousing and warehousing, and wholesaling activities after obtaining a Special Use Permit. (P91-104) This item was presented by Al Mitchell, Assistant Planning Director, stating the planning Board recommends adoption of the ordinance. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:48 p.m. and there being none to speak in favor or opposition the public hearing was closed. AN ORDINANCE AMENDING SECTIONS 32-5 AND 32-30 (ARTISON OR CRAFTSMAN). Ordinance No S1991-023 Councilmember Bolton introduced the foregoing ordinance and moved its adoption seconded by Councilmember Cheek and carried unanimously 7 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1991. E. Consideration of recommended Thoroughfare Plan Fayetteville Urban Area--September 23, 1991. This item was presented by Traffic Engineer Louis Chalmers stating that a public meeting was held on October l for public input on the thoroughfare plan. Spring Lake and Hope Mills has approved the amendments to the Thoroughfare Plan. This is an advertised public hearing for citizen input. The public hearing was opened at 7:50 p.m. and there being none to speak in favor or opposition the public hearing was closed. RESOLUTION (THOROUGHFARE PLAN FAYETTEVILLE URBAN AREA). RESOLUTION NO. R1991-088. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1991. Councilmember Kendrick moved to adopt the resolution as recommended, seconded by Councilmember Bolton and carried unanimously 7 to 0. F. Consideration of petition for 25 miles per hour speed zone on Lynhurst Drive. This item was presented by Traffic Engineer Louis Chalmers recommending that the ordinance be adopted. This was an advertised public hearing or this date and hour. AN ORDINANCE AMENDING Section 21-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8-SPEED CONTROL-LYNHURST DRIVE). ORDINANCE NO. NS1991-048. The public hearing was opened 7:55 p.m. and there being none to be heard for or against this item, the public hearing was closed. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Cheek and carried unanimously 7 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. G. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (pursuant to G.S. 160A-31, as amended) (Roxie Avenue - Boone Trail Area) This item was presented by Assistant City Manager for Operations Roger Stancil. He certified that this was an advertised public hearing with notices being sent to all property owners within the area proposed for annexation. He presented the annexation report for this area. Councilmember Ross arrived at the meeting at 8:00 p.m. Mayor Dawkins opened the public hearing at 8:03 p.m. and speaking in favor was Mrs. Gin Horne, 2202 Roxie Avenue. She stated that their property abuts the property to be annexed and requests the continued improvement to their neighborhood by annexing this area into the City. There being none further to be heard on this matter the public hearing was closed at 8:05 p.m. Councilmember Kendrick moved to approve the annexation seconded by Councilmember McBryde and carried 6 to 2 with Councilmembers Torrey and Ross voting against. 4. Planning Board Matters: A. Consideration of Greystone Farms for preliminary and final subdivision revision extension review for an area located on the east side of U.S. HWY 401 North (Raleigh Road), north of Andrews Road (SR 1611) (P91-272) This item was presented by Al Mitchell, Assistant Planning Director, stating that the Planning Board recommends approval with conditions. Councilmenber Bolton moved to approve the preliminary and final subdivision revision extension review as recommended with the word "dedicated" right-of-way in condition 13 as recommended in Mr. Dohn Broadwell's request. The notion was seconded by Councilmember Kendrick and carried 7 to 1 with Councilmember Torrey voting in opposition. The conditions of approval are as follows: 1. That Public Works Commission approve water and sewer plans. 2. That, if applicable, the City Engineer approve street and drainage plans. 3. That, if applicable, all local sedimentation and erosion control ordinances be complied with during constructions. 4. That the planning staff approve street names prior to final plat subdivision and that all street name signs be installed before any occupancy permit be issued. 5. That, if applicable, the City Engineer approve the proposed curbcut(s) and that the proper permit(s) be obtained prior to building permit application. 6. That the signage for this development be in accordance with the applicable sign regulations as set forth in Article IX of the County Zoning Ordinance or Chapter 3 of the City Code and that the property permit(s) be obtained prior to the installation of any permanent signs on the property. 7. That a final plat be submitted to the planning staff for review and approval for recording and that the plat must be recorded prior to the sale of any developed lot or unit in this development. 8. That, if applicable, this plat be addressed by the planning department prior to the issuance of a building permit. 9. That this final plat must be recorded prior to final inspection on any structure on any lot within this development. 10. That the private drives and likes be maintained by the homeowners association. 11. That the equestrian center and activities comply with all applicable portions of Chapter 7, Article I. 12. That turn lanes are required by NC DOT. The following conditions are requested by the City Engineer: 13. That 7.5 feet of right-of-way be dedicated to the City of Fayetteville along the western property line abutting U.S. Highway 401 (Raleigh Road) in order to conform with the proposed Thorough Plan. 14. That all development and attendant utilities within the C(P) tract be at or above the 109 MSL. 15. That all development and attendant utilities in the area designated or future development be at or above the 106 MSL. The following conditions are from the City Engineer: 16. That a detailed driveway permit application be submitted to the City Engineering Department for review and approval of each driveway. 17. That all street rights-of-way should be graded to City standard sidewalk grades with a maximum 2H:1V bank slope beyond the right-of-way line, tying into natural grade. 18. Street construction, storm drainage, and utility plans shall be submitted to the City Engineering Department for review prior to construction. 19. A minimum 20 ft. wide easement shall be dedicated for all underground storm drainage 30" diameter or less (not within streets) and utility lines. Where two utility lines are within a single easement or a storm drain larger than 30" in diameter, the easement shall be 30 ft. in width. 20. Final street and drainage plans be reviewed and approved prior to building permits being issued. 21. All erosion and sedimentation regulations shall be observed. 22. That a plat suitable for recording, showing all required rights-of-way and easements, be approved by the City Engineer prior to recording in the Cumberland County Registry. 23. Street address numbers shall be assigned prior to building permits being issued and the builder shall post these numbers (minimum 4") in full view of the street immediately upon beginning construction. 24. That a cul-de-sac be built on the south end of Putnam Drive when the street is completed. 5. Consideration of award of contract for Lamon Street Park - Softball Complex - Engineering Project Number 04-402-91. This item was presented by City Manager John Smith with a recommendation to award the contract to Billy Bill Grading Company in the total amount of $116,227.25. Bids were received as follows: TOTAL BASE BID ALTERNATES CONTRACT *Billy Bill Grading Co. 49,474.00 66,753.25 116,227.25 Autry Grading Co. 64,137.38 73,234.45 137,371.83 Barnhill Paving Co. 67,760.30 66,625.15 134,385.45 Nortec Construction Co. 69,558.65 81,541.64 151,100.29 Jambbas Construction Co. 91,835.90 75,022.13 166,858.03 McDonald Grading Co. 102,147.50 68,926.25 171,073.75 In accordance with our discussions with Parks and Recreation personnel, we recommend award of the construction contract to the low bidder, Billy Bill Grading Company, based on the unit contract prices to include the first six (6) alternate prices submitted in its bid dated October 10, 1991 for City Engineering Project Number 04-402-91. Councilmember Kendrick moved to award the contract as recommended seconded by Councilmember Ross and carried unanimously 8 to 0. 6. Consideration of approval of agreements regarding Blanton Road and U.S. 401 Bypass improvements. This item was presented by City Manager John Smith stating that at a previous meeting City Council approved a participation agreement on Blanton Road and authorized staff to negotiate an agreement with NC DOT and Mr. Shamdasani, which would allow for the phasing of improvements required by NC DOT. The City will purchase right-of-way for five lanes along Blanton Road at the intersection. The developer will purchase additional right-of-way for seven lanes at the intersection and will dedicate all-necessary right-of-way where he owns it. The developer will build a three-lane road in Phase I. In Phase II, the developer will make all improvements required by NC DOT. The City will participate in the construction of two lanes. The developer will dedicate all necessary right-of-way. The City would not have any liability for removal of hazardous materials. Mr. Smith recommended Council adopt the resolution approving the agreement between the City and the developer. Mayor Pro-Tem Evans moved to follow the recommendation to adopt the resolution approving the agreement, seconded by Councilmember Bolton. City Attorney Bob Cogswell requested a correction be made to the resolution in the first paragraph by changing the word "agreement" to "agreements" and add the letter "C" after Exhibit "B." Also, at the end of the last paragraph, after transportation, add "and the Developer." Mrs. Evans amended her motion to include the changes and Mr. Bolton seconded. The motion carried unanimously 8 to 0. The resolution is as follows: WHEREAS, the Developer has agreed to construct, certain roadway and intersection improvements at Pamalee Drive/U.S. 401 Bypass and SR1 1422 in accordance with Exhibit "A" attached hereto subject to the review and approval of the City and the Department, and in accordance with the agreements attached hereto as Exhibits B and C; WHEREAS, the City agrees to assume responsibilities for said improvements in the event that the Developer fails to complete said work, at no expense to the Department: NOW, THEREFORE, BE IT RESOLVED that these agreements 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 Agreements with the Department of Transportation and the Developer. 7. Consideration of Budget Ordinance Amendment 92-4 and award contract for purchase of high compaction rear-loading refuse body to SANCO-HEIL, lowest responsible bidder meeting specifications in the amount of $30,480. City Manager John Smith presented this item stating that the SANCO-HEIL was the lowest responsible bidder. Bids received were as follows: Vendor Total *SANCO-HEIL $30,480.00 Simpson Equipment, Corp. $31,445.00 Nu-Life Environmental $33,637.00 Cavalier Equipment Co. (primary bid) $34,316.13 Cavalier Equipment Co. (alternate bid) $29,214.13 Mayor Pro-Tem Evans moved to award the contract to the lowest responsible bidder meeting specifications as recommended, seconded by Councilmenber Ross and carried unanimously 8 to 0. 8. Consideration of Budget Ordinance Amendment 92-5 and award of contract for purchase of backhoe loader to Case Power and Equipment, lowest responsible bidder meeting specifications in the amount of $28,997. This item was presented by City Manager John Smith stating that the lowest bidder did not meet specifications which and is recommending that the lowest responsible bidder meeting specifications, which is Case Power and Equipment Company be awarded the contract in the amount of $28,997.00. The budget ordinance amendment is necessary to transfer this amount from other appropriations to the Environmental Services Department. Bids received were as follows: Vendor Total Vause Equipment, Co., Inc. $28,302.44 *Case Power and Equipment $28,997.00 North Carolina Equipment Co. $32,935.00 R.W. Moore Equipment Co., Inc. $34,390.00 Councilmember McBryde moved to award to the lowest responsible bidder meeting specifications as recommended and to approve the Budget Ordinance Amendment 92-5. The motion was seconded by Councilmember Pillow and carried unanimously 8 to 0. 9. Consideration of Lease Agreement between City of Fayetteville and The Women's Center, Inc., for space in building at 222 Hay Street for three months at $150 per month. Councilmember Cheek moved to approve the lease as recommended seconded by Councilmember McBryde and carried unanimously 8 to 0. 10. Consideration of approval of fee schedule for use of City Hall meeting rooms by outside agencies and groups. This item was presented by City Manager John Smith recommending that the fee schedule proposed by the Administrative Services Director be adopted. Councilmember Kendrick moved to follow the recommendation to adopt the fee schedule seconded by Councilmember Ross. There was some discussion concerning the rental of the multipurpose room only. Councilmember Kendrick withdrew his motion and moved to approve the fee schedule for the rental of the multipurpose room and not to rent the Council Chambers. The motion was seconded by Councilmember Ross and carried unanimously 9 to 0. The fee schedule is as follows: -Multipurpose room for the first hour $20 per hour and an additional $10 per half hour thereafter. -Use for one-half day or four hours would be $50. -Use for a full day or eight hours would be $100. 11. Consideration of designation of voting and alternate voting delegates for Annual Congress of Cities, December 12-16, 1991, Las Vegas, Nevada. Councilmember Bolton moved to designate the Mayor as the voting delegate and Councilmember Ross has alternate voting delegates. The motion was seconded by Councilmember Kendrick and carried unanimously 8 to 0. 12. Appointments: A. Nominations to fill five vacancies on Historic Resources Commission. Councilmember Cheek nominated Arnetha Robinson (B/F) for the historic district property owner category for a term to October 1992 to fill the vacancy of Wade Byrd (W/M). Councilmember Kendrick moved to elect by acclamation Mr. Henry Player for the building designer or land use design professional category. Mrs. Sue Bandy for the historic preservationist or cultural or social historian category, Mr. Wayne McGary to serve a second term as a licensed/registered architect category and Mr, Jon Young for the at-large category. The motion was seconded by Councilmember Bolton and carried unanimously. B. Nominations to fill eight vacancies on Parks and Recreation Advisory Commission. Councilmember Bolton nominated Mr. Malcom Fields (W/M) to fill the vacancy of Joe Hempstead (B/M). Councilmember Bolton moved to elect by acclamation Mrs. Annie Chavis (B/F), Mr. Ike Walker (B/M), and George M. (Mike) Walker (W/M) for a first term and Mr. David Pugh (B/M), reverend Sandy Saunders (W/M), Mrs. Pat Hales (W/F), and J. Russell Warner (W/M) in the Board of Education category for second terms. The motion was seconded by Councilmember Cheek and carried unanimously 8 to 0. C. Nominations to fill one vacancy on Appearance Commission. Councilmember Cheek nominated Mrs. Beverly Stewart (W/F) to a term to December 31, 1993. D. Nominations to fill one vacancy on Wrecker Review Board. There were no nominations for the Chairman. 13. Administrative Reports. A. Statement of taxes collected for the month of September 1991 from Cumberland County Tax Collector in a total amount of $1,020,640.71. B. Update on Signal System Open House This report was submitted in the agenda packet. C. Report on Consideration of Impact Fee System Development. The report was submitted in the packet. And following some discussion Councilmember Cheek moved to refer this to Council's Streets and Roads Committee for a policy. The motion was seconded by Councilmember Bolton and carried unanimously 8 to 0. D. Report on Briarcliff Condos. This report was submitted in the agenda packet. E. Report on allegations made against unnamed police officers by Attorney Ronnie Mitchell and wrecker operators. This report was submitted in the agenda packet for the record. 14. Consideration of cancellation of the October 28, 1991 information meeting. Councilmember McBryde moved to cancel the meeting seconded by Councilmember Kendrick and carried unanimously 8 to 0. 15. Discussion of letter from PWC Manager Tim Wood regarding water supply, Water Shed Protection Act. Councilmember Cheek moved to refer this to the Planning Staff for a land use study, seconded by Councilmember Kendrick and carried unanimously 8 to 0. Councilmember Cheek requested an excuse absence from the November 4, 1991 meeting. Councilmenber Bolton moved to excuse Ms. Cheek as requested seconded by Councilmember Ross and carried unanimously 8 to 0. There being no further business, the meeting was adjourned at 8:55 p.m. upon motion and second. Approved November 18, 1991 REGULAR MEETING MINUTES MONDAY, NOVEMBER 4, 1991 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, NOVEMBER 4, 1991 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); and Mark Kendrick (District 6) Absent: Suzan Cheek (District 5) - excused Others Present: John P. Smith, City Manager Roger Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Al Mitchell, Assistant City/County Planning Board Director Janice Gerald, Assistant Community Services Director Mike Walker, Interim City Engineer Louis Chalmers, City Traffic Engineer Peter MacQueen, President of Humane Society 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 Pastor Hubert D. Boese, Fayetteville Assembly of God, 2718 Gillespie Street, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Miss Fayetteville 1992 - Heidi Sue Williams. Mayor Dawkins presented long stem roses to Ms. Williams and wished her well on her next year's rein. Mayor Dawkins stated he was very proud to be part of the many people planting trees along Highway 301/Business I-95 from Cross Creek to Cape Fear River as a living memorial to the military last Saturday. This was sponsored by the Chamber of Commerce with the cooperation of Cape Fear Botanical Garden. 1. Approval of Agenda City Attorney Bob Cogswell requested to add item 15 for Consideration of An Assessment Extension for Mr. J.P. Riddle. Councilmember Bolton requested to add item 16 as Discussion of Airport Commission Activities. Councilmember Bolton moved to approve the agenda with the additions, seconded by Councilmember Torrey 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 Kendrick moved to approve the consent agenda. After a second from Councilmember Pillow, the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of October 7, 1991. B. Adopt Budget Ordinance Amendment 92-6. This amendment is necessary to appropriate donations in the amount of $2,235 for the Police Department's DARE T-shirt Program. In addition, $7,018 will be transferred from other appropriations to the Parks and Recreation Department. The funds, appropriated in conjunction with the Vehicle Replacement Program, will be used to purchase a tractor. C. Adopt Capital Project Ordinance Amendment 92-7. This amendment appropriates $6,771 to Federal Drug Forfeiture Funds due to additional receipts. D. Adopt ordinance imposing a lien on property located at 218 South Lucas Street (Owner: Herbert Cummings). AN ORDINANCE IMPOSING A LIEN ON REAL PROPERTY AT 218 SOUTH LUCAS STREET (OWNER: HERBERT C. CUMMINGS). ORDINANCE NO. NS1991-049. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1991. E. Approve technical amendment to Buffer Ordinance. The ordinance that was adopted stated that a new section 32-21 was created. This should have been a new section 32-20.1 to Ordinance No. S1991-021. F. Set public hearing for December 2, 1991, to consider the rezoning from R6 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located west of Deep Creek Road (SR 2200) to the Cape Fear River, west of the intersection of Troy Drive (SR 2204) and Deep Creek Road. (P91-109) G. Set public hearing for December 2, 1991, to consider the rezoning from C3 Heavy Commercial District to M2 Industrial District or to a more restrictive zoning classification for an area located on the north side of Grove Street, east of the intersection of Ann and Grove Streets. (P91-114) H. Set public hearing for December 2, 1991, to consider an application by Russell C. Crowell for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-25 to operate a charitable institution in an R5 Residential District for an area located north of Bragg Boulevard (NC HWY 24) between Ames Street and Washington Drive. (P91-116) I. Set public hearing for December 2, 1991, to consider amendments and revisions to the Fayetteville Code of Ordinances, Chapter 32 "Zoning" to create Article VIIIA, "Landscape Standards," Section 32.60.2 "Administration;" Section 32-60.3 "Streetscape Landscaping;" Section 32-60.4 "Vehicle Use Area (VUA) Landscaping;" Section 32.60.5 "Screening;" section 32.60.6 "Existing Trees; Section 32.60.7 "Protection of Planting Areas;" Section 32.60.8 "Planting Standards;" Section 32.60.9 "Information To Be Submitted;" Section 32.60.10 "Tree Replacement;" section 32.60.11 "Existing Developed Properties;" Section 32.60.12 "Modifications;" Section 32.60.13 "Inspection of Sites;" Section 32.60.14 "Penalties and Remedies;" Section 32.60.15 "Emergencies;" and, Section 32.60.16 "Schedule of Recommended Plants;" and Table 1 "Vehicular Use Area Required Number of Trees. (P91-121) J. Set public hearing for November 18, 1991, to consider a petition for speed limit reduction on Hinsdale Avenue. 3. Public Hearings: Mayor Dawkins read the policy for the tine limit for speakers on public nearing items and nonpublic hearing items. A. Consideration of street name change for Sullivan Drive. This item was presented by Al Mitchell stating that this was a street name change request by petition. This is the advertised public hearing for this date and time. The public hearing was opened at 7:15 p.m. and speaking in favor was F.A. Healy, Sr., Owner of Healy Wholesale, 960 Country Club Drive. He stated that when the City annexed Country Club Drive into the City, the City put First Street on their street and he had not received any notice that it was going to be changed from Country Club Drive to First Street. Mr. Healy stated that several months ago he received a letter stating that it was going to be changed from First Street to Sullivan Street. When he called the City and asked why it was going to be changed to Sullivan Street the gentleman told that because Mr. Sullivan told him he owned the street and it was a mistake not to name it Sullivan. Mr. Healy stated he then received signatures from Hercules Steel, Interstate Tire, ARA Trash and Healy Wholesale on the petition to change the name. The owners of the trailer park across the street live in New York and he did not acquire their signatures. Mr. Healy further stated that the name Distribution Drive was suggested by a young lady in the Planning Department when he asked for a suggestion. Appearing in opposition was Mr. Kenny James, 3701 Sullivan Street, Vice President of Sullivan Wholesale. He stated he was representing 200 people who live in the Country Club Drive and Whispering Pines Trailer Park. Mr. James stated that Sullivan Wholesale and other businesses on that street have had business cards, stationery, invoices, and other things changed to that address adding up to thousands of dollars. He stated that Mr. Healy has not changed his address from Country Club Drive, therefore, his would be the only one that would be need to be changed whether it was named Distribution or Sullivan Drive. Mr. James stated he had approximately 30 employees present at the meeting concerned about changing the name from Sullivan Drive. He presented a petition from the Trailer Park with approximately 200 signatures requesting that the street be left Sullivan Street. The public hearing was closed at 7:24 p.m. Mayor Pro-Tem Evans asked Mr. Healy if he had been notified that the street was being changed from First Street to Sullivan Street. Mr. Healy responded that they were never notified that it was changed to First Street but received a letter stating that it was going to be changed to Sullivan Street. Councilmember Pillow questioned whether residents instead of property owners should have signed the petition. Al Mitchell responded that the letter was not changing the name but notifying residents still using Country Club Drive that they would need to begin using Sullivan Drive. First Street has never been a valid name; Sullivan is a valid name. Mr. Mitchell also stated that Council has no ground rules for a petition for street name change proposals. The petition that has come to Council tonight is valid because they don't have requirements, such as in a zoning matter. He added that the letter was informing the residents and businesses that their address was going to be changed to Sullivan Street because of the upcoming 9-1-1. Some of the people have not changed their address from 932 Country Club Drive. The street was named Sullivan Drive in 1978 by the Planning Department. Somewhere in the mid-80's the state took the street over for maintenance and they put the name First Street to it. When it came into the City, the City picked up on that name but it was never a valid name through the Planning Department. Mrs. Evans asked Mr. Mitchell what the Planning Staff recommended, and Mr. Mitchell responded that the Staff did not need to make a recommendation, however, from his personal point of view he sees no need for a name change. The street was approved; the street name is a valid street name. Many of the people had changed their addresses to the Sullivan Drive address notification in May. Following some discussion, Councilmember Pillow moved to approve the street name change from Sullivan Drive to Distribution Drive. The motion was seconded by Councilmember Kendrick. The motion carried 5 to 3 with Councilmembers McBryde, Bolton, and Ross voting against. This will constitute a second reading to adopt the ordinance. B. Consideration of petition for 25 miles per hour speed zone for streets in Kingsford Subdivision. This item was presented by Traffic Engineer Louis Chalmers stating they had received seven (7) petitions signed by a majority of residents of the Kingsford Subdivision requesting the 25 miles per hour speed zone on the streets in their neighborhood. This is the advertised public hearing. The public hearing was opened at 7:37 p.m. and speaking in favor of the 25 mile an hour speed zone was Frank Ostmann, 451 Harlow Drive, President of the Homeowners Association. He stated the reason they are requesting this reduction is because of the danger to the many children that live in the area. There being none further to be heard on this matter, the Public hearing was closed at 7:40 p.m. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL). ORDINANCE NO. NS1991-050 Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1991. C. Consideration of Comprehensive Housing Affordability Strategy (CHAS). This item was presented by Community Development Director Janice Gerald. She reviewed this program and stated that any comments received before December 24 will be included in the submission to HUD. The public hearing was opened at 7:45 p.m. and speaking in favor was Mr. Monroe Evans, 2314 Mirror Lake Drive. Mr. Evans spoke on behalf of the Habitat for Humanity Program. He reviewed the Program for Council. There were approximately 20 people in the audience from the Old Wilmington Road rehabilitation Project. He concluded by stating they work any kind of strategy that is necessary so that funds could be funneled through then to make maximum use in the community. There being none further to be speak on this matter, the public hearing was closed at 7:50 p.m. Following some discussion, Councilmenber Bolton moved to authorize submission to HUD at the end of the 60-day public comment period. The motion was seconded by Councilmember Pillow and carried unanimously 8 to 0. D. Consideration of the number of certificates of public convenience and necessity for taxicab franchises in the City of Fayetteville for 1992. This item was presented by Assistant City Manager Roger Stancil. He stated the City Code requires a public hearing at the end of each calendar year to determine the number of taxicab franchises for the coming year. This is the advertised public hearing for this date and time. The Taxicab Inspector has reported that there are presently 110 franchises and made the recommendation that it remain 110. The public hearing was opened at 8:00 p.m. Marie Presler, 115 Hearthstone Drive, was recognized stating that she represents the handicapped. Ms. Presler stated she was not asking for a taxicab franchise but for a certification of public convenience and necessity franchise. She read from the City Code, Article 6, Section 28-96, Handicap Permit. She stated they are requesting three (3) handicap permits and then they will follow all the other regulations. They will get the equipped vans and do everything the ordinance says they will have to do. Mayor Pro-Tem Evans asked Ms. Presler if they would be charging for the trips. Ms. Presler responded they will have to charge the same thing as a bus fare, but she does not know what that will be at this time because they are in this as non-profit. There being none further to be heard, the public hearing was closed at 8:09 p.m. City Attorney Bob Cogswell stated that part of the problem comes with the way the State defines limousines. Limousines cannot be regulated the way taxicabs can, neither can they be called for a trip. They are contracted from point to point, such as motels and hotels having a limousine going to the Airport. Mr. Cogswell stated if Ms. Presler's group has vehicles that qualify to handle the handicapped, they would be issued a taxicab permit without having to increase the taxicab franchises. Following some further discussion, Councilmember Bolton moved to follow the recommendation of the Taxicab Inspector to maintain the current number of 110 franchises. The motion was seconded by Councilmenber Kendrick and carried unanimously 8 to 0. Assistant City Manager Roger Stancil stated that if the vehicle is not regulated by the State, then we call it a taxicab no matter what it looks like and that's what we issue the franchises for. The handicap permit is specific, and it would be governed by rates that Council set. If it is to be a different rate, then we can return a rate schedule to Council. He stated whether Council sets the number of franchises does not impact on how we deal with this issue. 4. Planning Board Matters: A. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32 "Zoning", Article IV, "District Use Regulations: by creating Section 32-28.1 P3(P) Flex Office District; and Article V "District Dimensional Regulations" by creating Section 32-42.1 P3(P) Flex Office District", and Chapter 27 "Subdivisions", Section 27-16 "Fees", by adding 32-28.1. (P91-100) (Second Reading) ORDINANCE AMENDING SECTION 27-16 AND 32-2 AND CREATING NEW SECTIONS 32-28.1 AND 32-42.1 (FLEX OFFICE DISTRICT). ORDINANCE NO. S1991-024. Councilmember Ross moved that the foregoing ordinance be adopted on the second readings, seconded by Councilmember Bolton and carried 7 to 1 with Councilmember Kendrick voting against. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1991. 5. PWC Matters: A. Consideration of bid award for purchase of two (2) 2500 kVa Power Transformers to Wesco, second low bidder in the amount of $126,312.00. City Attorney Bob Cogswell stated that statute allows the second lowest bidder being awarded the contract because of time and performance. Bids received were as follows: Bidder Unit Cost Total Cost Delivery R.W. Chapman $57,575.00 $115,150.00 182-203 days Charlotte, NC *WESCO $63,156.00 $126,312.00 84-98 days Raleigh, NC Eastern Electric $69,022.00 $138,044.00 189-203 days Raleigh, NC Rigby Electric $86,300.00 $173,600.00 224 days Rocky Mount, NC *Lowest responsible bidder. B. Consideration of bid awards for construction of the Maintenance Building at the Cross Creek Wastewater Treatment Plant. The bids are attached hereto and made a part of these minutes and the low bidders are listed as follows: Recommended Low Bid Low Bidders Award GENERAL - Ellis-Walker Builders $217,917.00 PLUMBING - Town & Country Plumbing $ 17,500.00 MECHANICAL - Standard Electric Co. $ 13,128.00 ELECTRICAL - Robeson Electric Co. $ 18,500.00 TOTAL OF RECOMMENDED AWARDS $267,045.00 Councilmember Ross moved to follow the Public Works Commission's recommendation and approve the bid awards. The motion was seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. 6. Consideration of request to address City Council by Humane Society of Cumberland County. Mr. Peter MacQueen, President of the Humane Society of Cumberland County, was recognized stating the Cumberland County Animal Shelter has been and is operating in a manner that causes City pet owners the loss of their pets as a result of cruel and inhumane treatment of pets, the suffering, the pain and abuse of pets and the unjustified deaths of pets all of which occur by County employees. He concluded by requesting that the City insist that the County legally and humanely operate the Animal Control Department and implement an advisory board which would consist of two members of the City Council to serve to bring the operation out from behind closed doors. Mayor Pro-Tem Evans stated she felt this would be an issue to come up before the City/County Liaison Committee. Councilmember Robertson agreed with Mrs. Evans. Councilmember Kendrick moved to bring this item to the City/County Liaison Committee at the next regular meeting, seconded by Pro-Tem Evans and carried unanimously 8 to 0. 7. Consideration of award of contract for purchase of Public Safety Computer and Administrative LAN Computer. This item was presented by Assistant City Manager Ben Brown with a recommendation to award the contracts to the lowest bidders U.S. West Public Safety Group in the amount of $550,000.00 and WANG Laboratories, Inc., in the amount of $250,000.00. Mr. Brown stated Craig Hampton, City Purchasing Agent, bad done a fantastic job and had really scrutinized the terms and conditions. Mr. Cogswell had worked the weekend reviewing those contracts. Councilmember Bolton moved to follow the recommendation and approve the bids to the lowest responsible bidders as recommended, seconded by Councilmember Kendrick and carried unanimously 8 to 0. At this time Councilmember Robertson announced that the City/County Liaison Meeting would be changed to the third Thursday because the fourth Thursday would be Thanksgiving. 8. Consideration of removal of Traffic Signals and revision to Stop Intersections. This item was presented by Traffic Engineer Louis Chalmers with a recommendation that the ordinance be adopted. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 6 - STOP INTERSECTION, VARIOUS DOWNTOWN STREETS). ORDINANCE NO. NS1991-051. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Ross and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1991. 9. Consideration of adoption of a resolution authorizing condemnation of Parcel S-2 for Whitfield Street Sidewalk Project. This item was presented by the City Manager stating that this item was carried over from the October 7 meeting for staff to continue negotiations with the property owner. Mr. Smith recommends that the resolution be adopted. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1991-089. Councilmember Kendrick moved to adopt the resolution as recommended, seconded by Councilmember Bolton and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1991. 10. Consideration of adoption of an ordinance to extend the corporate limits of the City of Fayetteville - (City-Initiated Annexation of Roxie Avenue-Boone Trail Area). This item was presented by City Manager John Smith with a recommendation to rescind the previous action to approve the annexation and to adopt the annexation ordinance presented tonight. 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 (ROXIE AVENUE-BOONE TRAIL AREA). ANNEXATION ORDINANCE NO. 91-11-348. Councilmember Bolton moved to rescind the previous action and adopt the annexation ordinance as recommended, seconded by Councilmember Kendrick and carried 6 to 2 with Councilmembers Torrey and Ross voting against. A copy of the foregoing ordinance is on file in the Clerk's Office in Annexation Ordinance Book 1991. 11. Consideration of request from Cape Fear Regional Theatre for a New Year's Eve Special Event Permit. This item was presented in the agenda packet by Assistant City Manager Roger L. Stancil. Councilmember Bolton moved to approve Option 4 to require CFRT to employ off-duty personnel to meet the requirements for traffic control and security. Motion was seconded by Councilmember Kendrick. Following discussion on the motion, Councilmember Bolton withdrew his motion and the second was withdrawn. Councilmember McBryde moved to approve Option 3, which would bring in off-duty personnel at City expense and to take money from CFRT allotment to pay the officers at those control points. The motion was seconded by Councilmember Bolton. Following discussion on this motion, Councilmember McBryde amended his motion-to follow Option 2, which would be to divert on-duty officers to this event with funds to CFRT being reduced to cover the officers' salaries. Councilmember Bolton seconded the amendment. Following discussion on the amended notion, reference was made to the last paragraph in Mr. Stancil's memorandum regarding the cost as follows: "If we estimate 5 officers working 4 hours for security and 6 officers working 2 hours for traffic control, the cost would be $480.00 at $15.00 per hour. Mayor Dawkins called for a vote and the motion carried unanimously 8 to 0. 12. Consideration of cancellation of regular meeting of December 16, 1991. Councilmember Bolton moved to cancel the regular meeting as recommended, seconded by Councilmember McBryde and carried 7 to 1 with Councilmember Kendrick voting in opposition. 13. Appointments: A. Nominations to fill one vacancy on Historic Resources Commission. Ms. Arnetha Robinson (B/F), 1862 Broadell Drive, was nominated at the last meeting to fill the term of Wade Byrd to October 1992 by Councilmember Cheek. Mayor Dawkins called for a vote to elect Ms. Robinson and it was unanimous 8 to 0. B. Nominations to fill one vacancy on Parks and Recreation Advisory Commission. Councilmember Bolton nominated Mr. Malcom Fields (W/M), 2102-B Rogers Drive, to fill the vacancy of Joe Hempstead for a term to October 31, 1993. Mayor Pro-Tem Evans moved to elect Mr. Fields by acclamation and it carried unanimously. C. Nominations to fill one vacancy on Appearance Commission. At the last Council meeting, Councilmember Cheek nominated Mrs. Beverly Stewart (W/F), 178 Ellerslie Drive, to fill the at-large category vacancy for a term to December 31, 1993. Mayor Dawkins called for a vote and it carried 7 to 1 with Councilmember Bolton voting in opposition. D. Nominations to fill one vacancy on Wrecker Review Board. There were mo nominations for the vacancy of the Chairman of this Board. E. Nominations to fill three vacancies on Fair Housing Hearing Board. The following nominations for second terms were made: 1. Mickey Rouse, real estate category, by Councilmember Kendrick. 2. Bradley Jones, attorney category, by Councilmember Bolton. 3. Col. Frederick Best, at-large category, by Councilmember Kendrick. 14. Administrative Reports There were no administrative reports. 15. Consideration of extension of assessment. City Attorney Cogswell stated he had received a letter from Mr. J.P. Riddle's attorney requesting a 30-day extension due to the illness of Mr. Riddle. Councilmember Bolton moved to give the 30-day extension as requested, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. 16. Discussion of Airport Commission Meeting. Councilmember Bolton stated this request was concerning some conversation regarding the legality of an Executive Session that was held by the Airport Commission. Mr. Bolton moved to have the City Attorney check into this matter and educate all the commissions on The Open Meetings Law. The motion was seconded by Councilmember McBryde. Following some discussion, Mayor Dawkins called for a vote, and the motion carried 5 to 3 with Councilmembers Evans, Ross, and Robertson voting against. There being no further business, the meeting was adjourned at 9:10 p.m. after a motion and second. Approved December 2, 1991 REGULAR MEETING MINUTES MONDAY, NOVEMBER 18, 1991 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, NOVEMBER 18, 1991 7.00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Mile McBryde (at-large); Tommy Bolton (District l); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Nat Robertson (at-large) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administrative and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Al Mitchell, Assistant City/County Planning Board Director Mike Walker, Interim City Engineer Louis Chalmers, City Traffic Engineer James Dougherty, Chief Planner NC Department of Economic and Community Development 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 Reverend Ben West, Westminster Presbyterian Church to offer the invocation, followed by the Pledge of Allegiance to the American Flag being lead by Joey Wall, Scout Troop 771, McPherson Presbyterian Church. Mayor Pro-Tem Evans requested that the invocation be spread in the minutes and it is as follows. "Oh, Holy God, our creator, as we gather this evening, we would ask you to help us to remember that you have created all people in your image as equals. As we meet to discuss and make decisions about the lives of people, help us to be blessed with minds that think clearly, with hearts that are caring, with voices that speak clearly, and with ears that listen - with understanding for we pray in your Holy name, Amen." RECOGNITION: Mayor Dawkins recognized approximately 25 people representing Scout Troop 771 from McPherson Presbyterian Church and Scout Master, Doug Nunnally. Mayor Dawkins sadly reported that the Environmental Services Director, Clark Dill's mother, had passed away and her funeral was yesterday. Councilmember Bolton added that Mr. June Goforth, former Tax Supervisor, had just passed away also. Mayor Dawkins announced that the City/County Liaison Committee Meeting scheduled for Thursday, November 21, had been cancelled. 1. Approval of Agenda City Manager John Smith referred to an addendum to the agenda that had been sent out on Friday to add item 12 as Consideration of Change to Engineering Department Contract Resurfacing of Fort Bragg Road and item 13 for Consideration of Award of Purchase Contract for Voice Logging Equipment to Dictaphone Corporation. He requested to add item 2G for Consideration of Cancellation of Information Meeting of November 25, since there are no items to be considered at this time. Councilmember Kendrick moved to approve the agenda with the additions, seconded by Councilmember Pillow 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. There being none, Councilmember McBryde moved to approve the consent agenda with the addition of item G. After a second from Councilmenber Bolton, the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of October 21, 1991. B. Adopt resolution authorizing condemnation of a parcel of land (Parcel W-2) for Rosehill Road Extension in the amount of $4,305.00. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE PROPERTY. RESOLUTION NO. R1991-090. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1991. C. Adopt ordinances imposing liens on the following properties in the amount of $650.00: 1. 2404 Slater Avenue (Owner: Robert & Jean Mace) in the amount of $650.00. AN ORDINANCE IMPOSING A LIEN AT 7:12 P.M. ORDINANCE NO. NS1991-052. 2. 506 School Street (Owner: James and Nora Davis) in the amount of $595.00. AN ORDINANCE IMPOSING A LIEN AT 7:12 P.M. ORDINANCE NO. NS1991-053. A copy of the foregoing ordinances are on file in the Clerk's Office in Ordinance Book NS1991. D. Adopt ordinance approving revisions to Section 20-106 - Traffic Schedule Number 6 (Stop Intersections). The streets for the stop intersections are: Street Shall Stop At Amelia Drive (private street) Levy Drive Converse Circle Stanfield Street Lost Tree Court Ferncreek Drive Potomac Road (private street) Edmondton Road ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 6 - STOP INTERSECTIONS). ORDINANCE NO. NS1991-054. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1991. E. Adopt resolution authorizing advertisement of weapons exchange. This resolution is awarding a contract to Glock, Inc., in the amount of $14,800.07 as the lowest (only) responsible bidder. Delivery of the surplus weapons and the sum of $4,917.02 will be made in exchange of those weapons. Federal forfeiture funds will be used to make the purchase. RESOLUTION AUTHORIZING THE EXCHANGE OF WEAPONS. RESOLUTION NO. R1991-091. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1991. F. Adopt preliminary resolution setting a public hearing (January 6, 1991) for drainage project. (Kinlaw Road) PRELIMINARY RESOLUTION REQUIRING CONSTRUCTION OF STORM SEWER AND DRAINAGE SYSTEM IN A PORTION OF THE KINWOOD SUBDIVISION. RESOLUTION NO. R1991-092. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1991. G. Cancellation of Information Meeting of November 25, 1991. 3. Public Hearings: A. Consideration of adoption of an ordinance amending Chapter 20, "Motor Vehicles and Traffic" of the City of Fayetteville Code of Ordinances for speed limit reduction on Hinsdale Avenue. This item was presented by City Traffic Engineer Louis Chalmers stating this item is by petition for 25 MPH speed reduction. This is the advertised public hearing. He recommends that the ordinance be adopted. The public hearing was opened at 7:15 p.m. and appearing in favor of the item was Shirley Powell, 107 Hinsdale Avenue. She stated there were more children in their neighborhood than there has been in 30 years and the speeders have run over pets and have endangered the children's lives in the area. She requested that Council reduce the speed on the street. There being none further to be heard, the public hearing was closed at 7:17 p.m. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL). ORDINANCE NO. NS1991-055. Councilmember McBryde introduced the foregoing ordinance and moved its adoption. seconded by Councilmember Cheek and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance book NS1991. 4. Planning Board Matters: A. Consideration of street name change for Sullivan Drive. (Second reading) AN ORDINANCE CHANGING SULLIVAN DRIVE NAME TO DISTRIBUTION DRIVE. ORDINANCE NO. NS1991-056. Mayor Pro-Tem Evans moved to adopt the ordinance on the second reading, seconded by Councilmember Kendrick and carried 5 to 3 with Councilmembers McBryde, Bolton, and Ross voting in opposition. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance book NS1991. 5. Presentation of Joint Compatible Land Use Policy Report. Mr. James Dougherty, Chief Planner for the NC Department of Economic and Community Development presented this study. The Chief of Master Planning Branch at Fort Bragg and Omega Weeks also made presentations. The recommendations include restricting development in areas affected by noise from airplanes or bombing exercises and prohibiting towers or tall buildings to be constructed in areas that would cause problems for planes landing and taking off. 6. Consideration of adoption of resolution to support the Joint Compatible Land Use Study Recommendation. City Manager John Smith stated the City is not amending the regulations but will consider the recommendations in its land use planning process and then brought back to Council for public hearings. Mr. Smith recommended adoption of the resolution to support the Joint Compatible Land Use Study. RESOLUTION TO SUPPORT THE JOINT COMPATIBLE LAND USE STUDY RECOMMENDATIONS. RESOLUTION NO. R1991-093. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmenber Kendrick and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1991. 7. Consideration of request for City maintenance of McDonald Street from Deep Creek Road to Maxwell Street. This item was presented by City Manager John Smith stating a request had been received from most of the property owners on this street requesting that the City maintain it as an unpaved street. He stated the street has never been maintained by NCDOT and is in very bad condition. The recommendation was to adopt the resolution. RESOLUTION FOR THE ACCEPTANCE OF MCDONALD STREET FOR MAINTENANCE. RESOLUTION NO. R1991-094. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1991. 8. Consideration of adoption of policy on disposal of Police horses. This item was presented by Assistant City Manager for Operations Roger Stancil with a recommendation that the policy for disposal of Police horses be adopted. Councilmember Cheek stated she would vote in favor of this policy as long as the horses remain donated to the City. Councilmember Bolton moved to adopt the policy as recommended, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 9. Consideration of adoption of resolution regarding the Police Benefit Fund. This item was presented by City Manager John Smith with a recommendation to adopt the resolution authorizing the Police Benefit Funds to be placed as "employee funds." This would abolish the need for the Police Benefit Fund Board. RESOLUTION AUTHORIZING ADMINISTRATIVE OF THE POLICE BENEFIT FUND PURSUANT TO CITY "EMPLOYEE FUNDS" POLICY (NUMBER 302). RESOLUTION NO. R1991-095. Councilmember Bolton introduced the foregoing resolution and moved its adoption with the addition to the resolution that the Finance Director be Trustee of the Fund. Mayor Pro-Tem Evans seconded the motion and it carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1991. 10. Appointments: A. Nominations to fill one vacancy on Wrecker Review Board. There were no nominations made. B. Nominations to fill three vacancies on Fair Housing Hearing Board. Councilmember McBryde moved to elect all three nominees for a second term, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. They are as follows: Mickey Rouse, Real Estate Category; Bradley Jones, Attorney Category; and Colonel Fredrick Best, At-Large Category. The two-year terms expire November 1993. 11. Administrative Reports: A. Statement of taxes collected for the month of October, 1991, from the Cumberland County Tax Collector. Council accepted the statement of taxes collected for the month of October 1991 in the total amount of $1,638,218.82. 12. Consideration of change to Engineering Department Contract No. 09-396-90, Resurfacing of Fort Bragg Road. This item was presented by City Manager John Smith stating there is approximately $84,000.00 left in the resurfacing account, and it is recommended that tile entire surface of Fort Bragg Road be overlaid with a 5/8-inch thickness of sand asphalt to improve the rideability and appearance of this thoroughfare. Councilmember Cheek moved to follow the recommendation, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 13. Consideration of Award of Purchase Contract for Voice Logging Equipment to Dictaphone Corporation (lowest responsible bidder) in the amount of $64,861.50. This item was presented by City Manager John Smith stating there were three bidders on this item, however, two bidders did not include their bid bond with their bid; therefore, their bids were not opened. Mr. Smith stated the Dictaphone Corporation had submitted two bids, one being an alternate bid and the lower bid did not meet specifications in that the equipment is not expandable. Mr. Smith recommends the lowest responsible bidder of Dictaphone Corporation in the amount of $64,861.50. Councilmember Pillow moved to follow the recommendation and award to the lowest responsible bidder of Dictaphone in the amount of $64,861.50. The motion was seconded by Councilmember McBryde and carried unanimously 8 to 0. At this time Councilmember Ross distributed materials from a workshop she had attended in Charlotte, concerning boards and commissions. Councilmember Cheek referred to a letter in the information portion of the packet from Mr. William Peek of Woodstream Trail, concerning loud noises from car speakers. She requested the City Manager to send a reply to Mr. Peek stating that this would be taken under consideration. There being no further business. the meeting was adjourned at 7:55 p.m. upon motion and second. Approved January 6, 1992 REGULAR MEETING MINUTES MONDAY, DECEMBER 2, 1991 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, DECEMBER 2, 1991 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Milo McBryde (at-large) Others Present: John P. Smith, City Manager John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Gerald Croll, Engineering Bill Hester, Engineering William B. McGugan, Administrative Services Director Richard Herrera, Community Services Director Al Mitchell, Assistant City/County 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 The invocation was offered by Reverend Ronald G. Abrams, pastor of Holy Trinity Episcopal Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins offered condolences to the family of Frank MacMillan, a local architect and long-time community worker who died recently. 1. Approval of Agenda City Manager John Smith requested to add item 2P for Consideration of Cancellation of the December 23 Information Meeting. Councilmember Ross moved to add this item to the agenda seconded by Councilmember Kendrick and carried unanimously 8 to 0. Mr. Smith requested Council add as item 12 The Discussion of Opening of Hay Street Transit Mall to the Vehicular Traffic. Councilmember Cheek moved to add this item to the agenda seconded by Councilmember Torrey and carried unanimously 8 to 0. Mayor Pro-Tem Evans requested to be excused from the January 6th meeting and possibly the January 21st meeting. Councilmember Cheek moved to excuse Mrs. Evans from the first and second meeting in January seconded by Councilmember Pillow and carried unanimously 8 to 0. Councilmember Kendrick requested to be excused from the January 6th meeting. Councilmember Torrey moved to excuse Mr. Kendrick as requested seconded by Councilmember Pillow and carried unanimously 8 to 0. Councilmember Bolton moved to approve the agenda with the additions seconded Councilmember Kendrick unanimously 8 to O. 2. Consent: Mayor Dawkins presented the consent agenda and asked if items should be removed before calling for action. Councilmember Bolton moved to approve the agenda with the addition of item 2P. After a second from Councilmember Evans, the consent agenda and following items were unanimously approved: A. Approve minutes of regular meeting of November 4, 1991. B. Set public hearing for January 6, 1992, to discuss reallocation of unexpended CBDG funds. C. Authorize City Manager to execute Lease Agreement with Bragg Mutual Federal Credit Union. RESOLUTION AUTHORIZING THE LEASE CITY OF FAYETTEVILLE PROPERTY TO BRAGG MUTUAL FEDERAL CREDIT UNION. RESOLUTION NO. R1991-096. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1991. D. Approve request to deed property (Scarborough Street/Pemberton Lane area) to the City of Fayetteville in lieu of taxes. E. Adopt resolution declaring cost and ordering preparation of preliminary assessment roll and setting time and place for public hearing on preliminary assessment roll for Meharry Drive. (From Shaw Mill Road to Spellman Drive.) (Public hearing set for January 6, 1992) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR MEHARRY DRIVE (FROM SHAW MILL ROAD TO SPELLMAN DRIVE). RESOLUTION NO. R1991-097. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1991. F. Adopt final resolution to authorize exchange of surplus weapons. RESOLUTION AUTHORIZING THE EXCHANGE OF WEAPONS. RESOLUTION NO. R1991-098. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1991. G. Adopt Capital Project Ordinance 92-6 and Capital Project Ordinance Amendment 92-8. The Department of Housing and Urban Development (HUD) has completed its environmental review of the 17th program year Community Development Block Grant (CDBG) and has determined there are no findings of significant impact on the environment. A recommended listing of projects totaling $1,112,000 was submitted to council at its regularly scheduled April 1, 1991. However, due to federal regulatory constraints, project activity cannot commence prior to completion of the environmental review. Consequently, Capital Project Ordinance (CPO) No. 92-6 appropriates those projects and establishes the necessary set of accounts. HUD has supplementally allocated an additional $8,000 to the 16th program year CDBG. CPO amendment No. 92-8 appropriates these additional funds to the reduced interest loan program. Adopt resolution authorizing execution of Lease Agreement for computer system. WHEREAS, the City will enter into an Equipment Lease/purchase Agreement dated December 23, 1991, and a Proposal dated December 5, 1991, with Southern National Bank, as designated and authorized by the City Manager. NOW, THEREFORE, be it RESOLVED that the Proposal, is hereby approved and that the action of the official or officials of the City 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 City 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) name(s) below are the duly elected or appointed officers of the City 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 City to enter into all documentation connected with the Equipment Lease/Purchase Agreement; and (iii) such officers have the authority on behalf of such entity to designate said Contract as a qualified tax-exempt obligation for the purpose of Section 265(b)(3) of the Internal Revenue Code of 1986. NAME TITLE Signed by John P. Smith City Manager John B. (Ben) Brown, Jr. Assistant City Manager for Administration and Finance Kai D. Nelson Finance Director I. Approve tax refund. over $100.00. Taxpayer's Nature of Name Amount Clerical Error FASCO Industries, Inc. $5,486.46 Equipment cost figures overstated per audit Jerome and Jolene Bacon $124.02 Illegal tax: Military nonresident Hutchins and Waypool $128.81 Taxpayer listed vehicles in error D.K. Taylor Oil Co., Inc. $154.53 Cost figures overstated per depreciation schedules J. Adopt demolition ordinance for property located at 415 Kyle Street (Owner, Mr. Roshie Drake) ORDINANCE 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. NS1991-057. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1991. K. Approve bid award for 69 kV Pole Line Relocation along Raeford Road to Weeks Construction, low bidder (PWC) in the amount of $113,224.12. Bids received were as follows: *Weeks Construction $113,224.12 Sumter Builders $125,044.03 Stackhouse Inc. $155,726.72 Eastern Utility $170,991.39 L.E. Meyers $192,579.73 Williams Electric $196,666.22 L. Approve bid award for purchase of six (6) 72.5 kV Circuit Breakers to WESCO, low bidder (PWC) in the amount of $215,136.00. Bids received were as follows: *WESCO $215,136.00 HESCO $236,400.00 Cooper Power System $266,688.00 M. Approve bid award for three (3) Portable Air Compressors to Mitchell Distributing, low bidder (PWC) in the amount of $26,694.00. Bids received were as follows: *Mitchell Distributing $26,694.00 PrimeCo Inc. $26,748.00 ASC Equipment $26,985.04 Southland Rentals $29,046.48 Patton's Air Compressor $29,841.00 A. E. Finley $32,232.00 N. Approve bid award for one (1) Backhoe Loader to Case Power & Equipment, low bidder (PWC) in the amount of $27,997.66. Bids received were as follows: *Case Power and Equipment $27,997.66 R.W. Moore Equipment $30,918.00 O. Approve hid award for three (3) 12-Tom Tilt Red Trailers to N.C. Equipment, low bidder (PWC) in the amount of $20,172.00. Bids received were as follows: *N. C. Equipment $20,172.00 PrimeCo Inc. $20,388.00 Vause Equipment $21,372.69 Southland Rentals $24,860.88 Case Power and Equipment $25.209.00 R.W. Moore Equipment $25,710.00 A.E. Finley $27,795.00 P. Cancellation of December 23, 1991, Information Meeting 3. Public Hearings: Mayor Dawkins read the policy on the time limit for the public hearings and nonpublic hearings. A. Consideration of the rezoning from R6 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located west of Deep Creek Road (SR 2200) to the Cape Fear River, west of the intersection of Troy Drive (SR 2204) and Deep Creek Road. (P91-109) This item was presented by Assistant Planning Director Al Mitchell stating that this is the advertised public hearing and the Planning Board recommends denial due to the 1971 Land Use Plan calls for residential development at this location. The public hearing was opened at 7:18 p.m. There was none to speak in favor. Recognized in opposition was Mable C. Smith, 1606 Deep Creek Road, President of the local Civic Group. She stated they were interested in their community and did not want industries being brought into their residential area. There were approximately 25 residents present in opposition. Also appearing in opposition was Melba Hughes, 711 Fairview Street, stating she had been a resident in that area for 25 years and there were many elderly permanent residents there. He stated that crime has increased since the trailer park had been put on the Subpoena Road and she feels this rezoning will bring more crime into the area. There being none further to be heard on this matter the public hearing was closed at 7:26 p.m. Councilmember Cheek expressed concern that citizens do not have ample opportunity to know about the public hearings and requested that the planning staff post signs until after the Council meeting. Councilmember Ross moved to follow the recommendation of the Planning Board and deny the rezoning, seconded by Councilmember Bolton and carried unanimously 8 to 0. B. Consideration of the rezoning from C3 Heavy Commercial District to M2 Industrial District or to a more restrictive zoning classification for an area located on the north side of Grove Street, east of the intersection of Ann and Grove Streets. (P91-114) This item was presented by Assistant Planning Director Al Mitchell recommending denial due to the 1971 Land Use Plan which calls for commercial use at this location. This is the advertised public hearing. The public hearing was opened at 7:31 p.m. Appearing in favor was John P. Smith, Fayetteville City Manager, stating that the City has used this refueling station for the past ten years. In the course of reviewing their options concerning the replacement of the underground tanks with one above the ground propane tank, it was discovered that the above ground propane tanks were not in compliance with the City's rezoning regulations. The City applied for the rezoning in order to continue the use of the property as it has been and bring it into compliance. Mr. Smith stated that the City can completely control the use of the property and the City owns most of the adjoining property. He stated that no one has voiced any opposition to the request of rezoning, nor has anyone complained about the tanks in the ten years they have been in place. Mr. Smith added that this is a City operational necessity and requested that the Council approve the rezoning. There being none further to be heard on this matter, the public hearing was closed at 7:34 p.m. Mayor Pro-Tem Evans moved to approve the rezoning as requested, seconded by Councilmember Pillow and carried unanimously. Mayor Pro-Tem Evans requested that staff screen the property. C. Consideration of am application by Russell C. Crowell for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-25 to operate a charitable institution in an R5 Residential District for an area located north of Bragg Boulevard (NC HWY 24) between Ames Street and Washington Drive. (P91-116) This item was presented by Assistant Planning Director Al Mitchell stating that this is the advertised public hearing and recommended conditional approval with the findings that the use would not be detrimental to the area. The conditions are as follows: 1. The proposed site be developed in accordance with the plan; 2. Any future expansion be submitted for approval; and 3. The City Engineer is to approve any drainage plans for the property. The public hearing was opened at 7:38 p.m. Speaking on behalf of the Cumberland County Sheltered Workshop. Mr. Ross Crowell was sworn in by the City Clerk that the testimony would be the truth. Mr. Crowell stated that he was there on behalf of the workshop and the application was not his personally as was implicated on the agenda. He requested that Council consider the approval of the special use permit for the sheltered workshop. Mr. Milton Bass, Route 2, Box 326, was also sworn in by the City Clerk that his testimony would be the truth. He stated he was there representing the Cumberland County Sheltered Workshop requesting the approval of the special use permit and would be available for any questions Council might have. Mr. Rob MacGregor, Clinton Road, was also sworn by the City Clerk that his testimony would be the truth. Mr. McGregor requested that Council approve the special use permit and made himself available for questions. There was none to speak in opposition to the special use permit and there being none further to be heard, the public hearing was closed at 7:43 p.m. Councilmember Cheek moved to approve the special use permit with the suggested conditions and findings. The motion was seconded by Councilmember Robertson and carried unanimously 8 to 0. D. Consideration of amendments and revisions to the Fayetteville Code of Ordinances, Chapter 32 "Zoning" to create Article VIIIA, "Landscape Standards," a section 32.60.2 "Administration;" Section 32-60.3 "Streetscape Landscaping;" Section 32-60.4 "Vehicle Use Area (VUA) Landscaping;" Section 32.60.5 "Screening;" Section 32.60.6 "Existing Trees;' Section 32.60.7 "Protection of Planting Areas;" Section 32.60.8 "Planting Standards;" Section 32.60.9 "Information To Be Submitted;" Section 32.60.10 "Tree Replacement;" Section 32.60.11 "Listing Developed Properties;" Section 32.60.12 "Modifications," Section 32.60.13 "Inspection of Sites;" Section 32.60.14 "Penalties and Remedies;" Section 32.60.15 "Emergencies;" and, Section 32.60.16 "Schedule of Recommended Plants;" and Table 1 "Vehicular Use Area Required Number of Trees." (P91-121) This item was presented by Assistant Planning Director Al Mitchell stating there had been a few revisions to this landscape ordinance that has been in the planning stage for two years. The Planning Board recommends adoption of the ordinance. This is the advertised public hearing. City Attorney Bob Cogswell stated that due to the public hearing being unable to be on tape, he requested that the presentation by Mr. Hicks at the City Council Information Meeting of August 26, 1991, be included in these minutes for record. The presentation by Mr. Hicks at the August 26, 1991. information meeting was as follows: "Mr. Hicks presented slides showing how cement and asphalt is gradually taking over the City. He gave a brief history of the proposed landscape ordinance beginning in June 1989, having had eleven revisions. Mr. Hicks requested that this ordinance be put into effect and requested that it be processed through the Planning Board and then initiated by Council." The public hearing was opened at 7:50 p.m. and recognized in favor of the Landscape Ordinance was Dan Hicks, representing the Fayetteville Appearance Commission. He named those who had worked on this ordinance which includes Appearance Commission members - Gordon Rose, Lonnie Player, Jim Kizer, Judy Masters, Marilyn Walls, and Robert St. Onge. Others that had contributed were Darrell Strutters, Robbie Farris, Elisa Novick, and Raymond Yarborough. City staff members were Jeff Lane, Urban Forester, Parks and Recreation, and Bill Hester, the Engineering staff representative on the Appearance Commission. Mr. Hicks mentioned one noticeable improvement that has been made in this City. And that is the trees and shrubs on Hay Street. Matthew M. Smith, Jr., 3101 Hyman Place, stated that he was in favor and opposed to some areas of the ordinance. Mr. Smith stated he felt that the Appearance Commission had done a very fine job on what was presented to Council. He also feels that our City needs to be appealing in appearance to tourists. Mr. Smith stated he is in favor of the majority of the ordinance, however, he does have a problem with parts of the ordinance because it places heavy expenses on some land use and developers, especially the existing developed property (EDP). He stated that Section 32.60(11), the EDPs will be brought into compliance within five years. The City further provides a 1 percent exception of property value, but then if improvements are made on that property it must be brought into compliance and you lose that exemption. Mr. Smith stated that the second thing is the vehicular use areas are designed for cars and the trucking industry was not taken into consideration. The third thing to take into consideration is the screening of the trucking and warehouse industry because it will invite theft by being a protective screen for thieves. Mr. Smith asked Council to review this ordinance one more time in light of the trucking and warehouse industry. Bill Hester, Engineering Staff, reviewed the exemption and improvement section and stated they were trying to stay in compliance with the building code with this ordinance. He responded to the vehicular parking lot and screening of loading services by stating that the screening would block off unsightly areas. However, for security problems, the building inspector would be able to work with the trucking industry on this variance. There being none further to be heard, the public hearing was closed at 8.11 p.m. ORDINANCE AMENDING AND REVISING CHAPTER 32 "ZONING" AND CREATE ARTICLE VIIIA, "LANDSCAPE STANDARDS". ORDINANCE NO. S1991-025. Councilmember Kendrick moved to adopt the ordinance as presented, seconded by Councilmember Pillow and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1991. 4. Consideration of continuation of commercial sanitation collection subsidy. The City Manager's recommendation in the agenda packet was for approval of the continuation of the subsidy through June 30, 1992 when the contract expires. The City will be billed at the rate of $.70 per cubic yard for the first pickup each week. If the City discontinues the subsidy, the customers will be billed at the rate of $1.12 per cubic yard for collection. Councilmember Bolton moved to follow the recommendation to continue the subsidy through June 30, 1992. The motion was seconded by Councilmember Bolton and carried unanimously 8 to 0. 5. Consideration of adoption of resolution authorizing the issuance and sale of $2,550,000 Public Improvement Bonds of the City of Fayetteville, North Carolina pursuant to bond orders heretofore approved and providing for the form, details and payment thereof. This item was presented by City Manager John Smith with a recommendation for adoption of the resolution. RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $2,550,000 PUBLIC IMPROVEMENT BONDS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, PURSUANT TO BOND ORDERS HERETOFORE APPROVED AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF. RESOLUTION NO. R1991-099. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1991. 6. Consideration of appeal of assessment on Southland Drive. (Continued from November 4, 1991) This item was presented by City Attorney Bob Cogswell stating that J. P. Riddle's attorney Herb Thorpe had asked for this item to be continued until January 6 due to the attorney's attendance of a social function tonight. Mr. Cogswell had recommended denial of the request for the appeal to the assessment. Councilmenber Bolton moved to grant the postponement to January 6, 1991, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 7. Consideration of resolution authorizing condemnation of property for Blanton Road construction. This item was presented by City Manager John Smith stating that there is a resolution in the amount of $29,800 for tracks A and B and a resolution in the amount of $38,200 which is the appraised amount for the tracks A and B and the 30-foot wide strip. The recommendation is for adoption of the resolutions needed for the widening of Blanton Road and Pamalee Drive Project. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (TRACKS A & B). RESOLUTION NO. R1991-100. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (TRACKS A & B AND 30-FOOT WIDE STRIP). RESOLUTION NO. R1991-101. Councilmember Robertson moved to adopt the resolutions as recommended, seconded by Councilmember Pillow and carried unanimously 8 to 0. Copies of the foregoing resolutions are on fife in the Clerk's Office in Resolution Book R1991. 8. Consideration of request for state funding for the HOME program. This item was presented by City Manager John Smith with a recommendation from Director of Community Development, Richard Herrera, for Council to authorize the Mayor to send a letter to the North Carolina Department of Economic and Community Development to respectfully request that the state of North Carolina contribute the $69,000 deficit that exists between Fayetteville HOME formula allocation and the entitlement City requirement of $750,000. Councilmember Cheek moved to follow the recommendation to authorize the Mayor to send a letter, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. 9. Appointments: A. Nominations to fill six vacancies on Appearance Commission. The following nominations were made for vacancies: 1. Mr. Robbie Farris (W/M) - Architect category, nominated by Councilmember Kendrick to fill the vacancy of Dan Hicks' term to December 1993. 2. Dawn Mackmull Berg - At-large category, nominated by Mayor Pro-Tem Evans to fill the vacancy of James Kizer (W/M). 3. Bill Pollit (W/M) - At-large category, nominated by Councilmember Cheek to fill the unexpired term to December 1992 of Caroline Morine (B/F). 4. Judy Masters (W/F) - Landscape category, nominated by Councilmember Pillow for a second term to December 1993. 5. Lonnie M. Player (W/M) - At-large category, nominated by Councilmember Kendrick for a second term to December 1993. 6. Nominations are still needed to fill the unexpired term to December 19, 1992 of Mr. Gordon Rose (W/M) - Engineer category. B. Nominations to fill one vacancy on Wrecker Review Board. The following nominations were made at the last meeting for the category of Chairman of the Wrecker Review Board: 1. Mr. Bill Mauldin (W/M), nominated by Councilmember Kendrick 2. Mr. Fred G. Richardson, nominated by Councilmember Robertson. C. Nominations to fill two vacancies on Personnel Review Board. The following nominations were made at the last meeting: 1. Mr. Charles Darlington, nominated by Councilmember Pillow, to fill the vacancy of Geraldine Henderson (B/F), to December 1993. 2. Mr. John Mitchell (W/M), nominated for a second term to December 1993, by Councilmember Cheek. D. Nominations to fill three vacancies on Redevelopment Commission. The following nomination. were made at the last meeting. 1. Mr. Matthew D. Jarmond, Jr., (B/M), nominated by Councilmember Torrey, to fill the vacancy of Mr. J. T. Gibson (B/M). 2. Ms. Beulah Wallace, (B/F), nominated by Councilmember Ross for the vacancy of Veronica Wilson (B/F) for a term to December 1993. 3. Mr. John Hood, (W/M), nominated by Councilmember Bolton for a second term to December 1993. 10. Administrative Reports. A. Report of tax refunds of less than $100.00. Please Note: To view the tax refund table, please see Book Y, page 46 of the City of Fayetteville Meeting Minutes. 11. Cancellation of Information Meeting for December 23, 1991. Councilmember Kendrick moved to follow the recommendation of the City Manager to cancel the December Information Meeting, seconded by Councilmember Bolton and carried unanimously 8 to 0. 12. Discussion of opening of Hay Street Transit Mall to Vehicular Traffic. City Manager John Smith recommended that Council authorize staff to negotiate with NCDOT to allow the City to open the Hay Street Transit Mall without repayment of the grant and to temporarily open the Transit Mall to two-way traffic for the Christmas season. Councilmember Bolton moved to follow the recommendations. seconded by Councilmember Cheek and carried unanimously 8 to 0. Councilmember Kendrick requested a Streets and Roads Committee meeting be scheduled for December 5, Thursday, 7.00 p.m., City Hall Multipurpose Room. Councilmember Ross requested that the Commons Street traffic be placed on this agenda. Council was in agreement. There being no further business, the Council meeting was adjourned at 8.50 p.m. upon motion and second. Approved January 6, 1992