1989 - MEETING MINUTES CITY OF FAYETTEVILLE, NORTH CAROLINA REGULAR MEETING TUESDAY, JANUARY 3, 1989 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER TUESDAY, JANUARY 3, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph L. Pillow (District 3), Thelbert Torrey (District 4), and Milt Wofford (District 5) Absent: Councilmember Mark Kendrick (District 6) - Excused Others Present: Roger L. Stancil, Assistant City Manager. Operations John A. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Tim Wood, PWC Manager G. Allen Mitchell, Assistant City/County Planning Director Bryan W. Bizzell, Cumberland County Taxpayers Association Mayor Dawkins welcomed everyone to the first meeting in the year 1989 and called upon Assistant Director of St. John's Episcopal Church, Reverend Michael McEwen, followed by the mayor leading in the Pledge of Allegiance to the American Flag. Mayor Pro-Tem Evans requested that the invocation be spread in the minutes as follows: “Almighty God our heavenly Father, send down upon those who hold office in this city, the spirit of wisdom, charity and justice that with steadfast purpose they lay faithfully serve in their offices to promote the well-being of all people. Grant, oh God, your holy and life-giving Spirit so that every human heart, especially those in this city may find that the barriers which divide us crumble, suspicions and hatred cease and that our divisions being healed, we may live in justice and peace. These things we ask through your holy name. Amen." Mayor Dawkins stated that the City Attorney has asked for an executive session for litigation. He also reminded everyone that Councilmember Kendrick has an excused absence due to being out of town. The City Manager who is absent due to illness, has requested that a goal setting session be scheduled for next Monday night, January 9, 1989, at 6.00 p.m. in the Environmental Services Conference Room. 1. Approval of Agenda: Assistant City Manager Stancil requested that item 2F be added to the agenda. Councilmember Wofford offered motion to approve the agenda with the addition of item 2F, seconded by Councilmember Ross and carried unanimously 8 to 0. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Mayor Pro-Tem Evens requested to pull item 2F for discussion. City Attorney Cogswell requested a correction to item 2F, minutes of the December 19, 1988, meeting, page 30, next to last paragraph the name “Givens" should be corrected to “Gibbons". Councilmember Ross made a motion to approve the consent agenda with the exception of 2F and with the correction. After a second from Councilmember Bolton, the consent agenda and following items were unanimously approved 8 to 0. A. Approval of minutes of information meeting of November 28, 1988. B. Approval of minutes of regular meeting of December 12, 1988. C. Award of contract for purchase of 216, 100 KVAR Substation Capacitors to Eastern Electric Supply, Inc., low bidder in the amount of $49,680. Bids received were as follows: Each Total Bid Eastern Electric Supply, Inc. 230.00 $49,680.00 Westinghouse Electric Supply 254.00 $54,864.00 Mill-Power Supply Company 254.00 $54,864.00 Rigby Electric supply Company, Inc. 254.00 $54,864.00 D. Adoption of Budget Ordinance Amendments 89-20 and 89-21. Amendment 89-20 is to transfer $5,000 to Engineering Advertising Account. This will eliminate an inappropriate revenue account. (“Cost of Sales-Land") Amendment 89-21 (Airport) is to account for and budget unanticipated revenues ($118) received from vending machines at the Airport. E. Award of contract for purchase of departmental uniforms to American Uniform Sales, Inc. Mayor Pro-Tem Evans stated she felt distance should not be a factor on qualifications for bidders and requested this go before the Policy Committee in the near future. Following further remarks, Mayor Pro-Tem Evans moved to put this bid out again and to invite reliable concerns to bid, seconded by Councilmember Bolton. Mr. Stancil and Mr. Brown responded that the bidder did not want to send someone to Fayetteville for fittings. Following further discussion, Councilmember Wofford offered substitute motion to award the bid as recommended, seconded by Councilmember Ross and carried 6 to 2 with Mayor Pro-Tem Evans and Councilmember Bolton voting against. Approval of minutes of regular meeting of December 19, 1988. On page 30, last paragraph, second line, name of John R. Givens corrected to John R. Gibbons. 3. Public Hearings: A. Consideration of the rezoning from R10 Residential District to R6 Residential District or to a more restrictive zoning classification for an area located at 111 John Street. Containing .138 acres more or less and being the property of Sue Owen Fehlman as evidenced by deed recorded in Deed Book 2735, Page 525, Cumberland County Registry. (P88-179) This item was presented by Al Mitchell stating that the Planning Board recommends approval. Mayor Dawkins opened the public hearing and recognized Jerome Clark, Attorney representing Mr. Fehlman, requesting this piece of property be zoned to conform with the rest of their property. Appearing in opposition was Mrs. Mary Pickard and Harold Pickard, 123 John Street and Deborah Navarez, 133 John Street, who concurred that the congestion of multiple homes would cause traffic hazards and congestion on that street. There being none further to be heard on this matter, the public hearing was closed. Mayor Pro-Tem Evans moved to deny the rezone, seconded by Councilmember Wofford, and carried 6 to 2 with Councilmembers Pillow and Thompson voting no. Council requested an update from the Planning Department on the Land Use Plan for that area at the February information Council meeting. B. Consideration of amendments and revisions to the City of Fayetteville Zoning Ordinance, Chapter 32, Article IV “District Use Regulations", Section 32.31.1 C2S Central Business District specifying that where a sign is within the HD Historic District, a sign review shall be conducted by the Fayetteville Historic Resources Commission, rather than the Fayetteville Appearance Commission (Fayetteville Ordinance). (P88-182) This item was presented by Al Mitchell stating that the proposed amendment will hopefully eliminate some of the confusion and possible duplication of efforts between two boards in regulating signs in the Fayetteville Historic District. The public hearing was opened and there was none to be heard for or against this item. The public hearing was closed. AN ORDINANCE AMENDING SECTION 32-31.1, “C2S CENTRAL BUSINESS DISTRICT OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1989-1 Councilmember Ross introduced the foregoing Ordinance and moved its adoption, seconded by Councilmember Thompson, carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book S1989. Consideration of a resolution to close or close a portion of River Street. (Continued from previous meeting) This item was presented by Assistant City Manager Stancil in the absence of City Engineer Bennett. This item was carried over from the last meeting following the public hearing. Mr. Bennett and Mrs. Kenyon have come to an agreement on closing River Street from the eastern margin of her property to South Racepath Street, leaving her an exit. RESOLUTION AND ORDER CLOSING A PORTION OF RIVER STREET, RESOLUTION NO. R1989-1. Councilmember Wofford moved to adopt the foregoing Resolution, seconded by Councilmember Ross, carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. Consideration of a resolution to close a portion of Maiden Lane. This item was presented by Assistant City Manager Stancil recommending closing that portion of Maiden Lane that runs behind the Prince Charles Hotel to be effective upon the date of closing of the Prince Charles Renovation project. The resolution was introduced at the public hearing held at the November meeting. RESOLUTION AND ORDER CLOSING A PORTION OF MAIDEN LANE, RESOLUTION NO. R1989-2. Councilmember Bolton moved to adopt the foregoing Resolution, seconded by Councilmember Pillow, carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. Consideration of a policy regarding extension of water and sewer utilities to property contiguous to the City limits. Assistant City Manager Stancil presented this item recommending Council formally request PWC to consider a policy and making it a part of their general extension policies to only extend water or sewer utilities to property contiguous to the City upon petition to be annexed. Following discussion, it was determined that utilities can be extended without annexation at that time. Mayor Pro-Tem Evans moved to follow the recommendation as stated by Mr. Stancil, seconded by Councilmember Bolton, and carried 6 to 2 with Councilmembers Torrey and Ross voting against. At this time, City Attorney Cogswell requested that a paragraph be added to the Maiden Lane closing resolution in Item 5, stating that the City of Fayetteville reserves an all purpose, underground and overhead utility easement over the entire area of Maiden Lane as described. Councilmember Ross moved to follow the recommendation to add the paragraph, seconded by Councilmember Torrey, carried unanimously 8 to 0. Delegations: Presentation by Mr. Bryan Bizzell Mayor Dawkins reminded everyone of the ordinance allowing 3 minutes for speakers on issues on agenda. He recognized Mr. Bryan W. Bizzell, 2709 Colgate Drive, who stated he represents the Cumberland County Taxpayers Association. They feel that taxes are too high for the fixed income and poor. They feel that the Prince Charles Hotel Project will be too small before the taxpayers get it paid for. He also referred to the fact that the developers would not have to pay anything back unless they made a profit. Mr. Bizzell further stated they will be monitoring Council meetings and keeping score on how Council votes on tax matters. Mr. Bizzell concluded by questioning when a public hearing was held on the Prince Charles Hotel Project; and if there was a meeting held, he wanted a copy of the minutes. Mayor Dawkins responded there was a public hearing. City Attorney Cogswell added that the date of the public hearing was May 5, 1987, and he would forward a copy to Mr. Bizzell. Appointments/Nominations/Elections: Nominations/Elections to fill one vacancy to Fayetteville Redevelopment Commission. Councilmember Wofford moved to elect by acclamation Mr. Malcomb Fields, 2102-B Rogers Drive, P.O. Box 1564, Fayetteville, North Carolina 28302 to a 2-year term ending December 31, 1990, seconded by Councilmember McBryde, carried unanimously 8 to 0. Nominations/Elections to fill three vacancies to Fayetteville Appearance Commission. Mrs. Louise Morgan was nominated at a previous meeting for the at-large category. Councilmember Torrey nominated William J. Watson, Jr., and Councilmember Thompson nominated Marilyn Walls at-large. Mayor Pro-Tem Evans nominated Radonna Parrish, civil engineer category. Mrs. Walls and Ms. Parrish were recommendations of the Appearance Commission. Mayor Dawkins called for a vote on Radonna Parrish for the civil engineer category, and it was unanimous 8 to 0. He then called for a vote on the 2 at-large positions from the three nominations. The votes were as follows: elected were Mrs. Marilyn Walls with 5 votes and Louise Morgan with 7 votes. Mr. Watson received 4 votes. Mrs. Marilyn Walls, 2590 Edmonton Road, Fayetteville, North Carolina 28304, and Mrs. Louise Morgan, 1402 Boros Drive, Fayetteville, North Carolina 28303 will serve at-large for a 2-year term ending December 31, 1990. Nominations to fill one vacancy on the N.C. Firemen's Relief Fund. Councilmember McBryde nominated James H. Kyle, Jr., Kyle Roofing Company and long-time volunteer firemen. Administrative Reports: None Councilmember Wofford moved to enter executive session for litigation, seconded by Councilmember Bolton, carried unanimously 8 to 0 at 8:48 p.m. Council reconvened into regular session at 9:00 p.m. and upon motion by Councilmember Bolton, seconded by Mayor Pro-Tem Evans, the meeting was adjourned. SPECIAL MEETING MONDAY, JANUARY 9, 1989 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING ENVIRONMENTAL SERVICES CONFERENCE ROOM 455 GROVE STREET MONDAY, JANUARY 9, 1989 6:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large), Tommy Bolton (District 1), Ida Rose (District 2), Joseph L. Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Relations Officer Sally Gilmore, Bond Counsel Wally McBride, Bond Counsel Mayor Dawkins welcomed everyone to the information meeting and called on Councilmember Wofford to offer the blessing for the meal. Following the meal Police Chief Hansen was recognized to give an Annual Crime Report. He distributed copies to Councilmembers. 1. Goal setting discussion: An administrative report of this item by Assistant City Manager Stancil is attached to and made a part of these minutes. 2. Consideration of technical amendments to documents regarding the Prince Charles Hotel/City Hall Project and approval of (a) Purchase Agreement relating to the purchase of the Installment Sales Agreement by Citicorp North America, Inc., and (b) the Intercreditor Agreement. Mayor Dawkins introduced Sally Gilmore and Wally McBride, Bond Counsel from Hunton and Williams Company in Raleigh. City Manager Smith then presented this item making reference to his memo to Council in the packet explaining that although there was a resolution authorizing the Mayor, City Manager, and City Attorney to approve minor changes in the documents as needed prior to closing, there were some changes to the form itself. Mr. Smith stated that while this change does not materially affect the City's financial and business agreement in the documents, it is a different document. Citicorp, who has agreed to finance the City Hall has made a change which involves the substitution of an escrow agent clause in the Installment Sales Agreement for the original Trust Agreement. Since Citicorp has agreed to take the entire financing of the City Hall and the developer has agreed to assign its rights to them, there is no need for a third party Trust Agreement. The escrow agent will serve that function. At this time Councilmember Thompson requested to abstain from voting on the Intercreditor Agreement since it is a contractual agreement among the builder, developer, City, and the bank, and therefore would be in violation of G.S. 14-234. Councilmember Wofford moved to grant the request to abstain, seconded by Councilmember Kendrick, carried unanimously by voice vote. Mayor Dawkins then recognized Wally McBride, Bond Counsel, who reiterated Mr. Smith's presentation. Basically that all obligations are the same but because the form has changed he would prefer that Council reapprove this form. City Attorney Cogswell then requested Council pull from the resolution item (f) concerning Intercreditor Agreement. This should be approved separately. Mr. Cogswell also asked Council to authorize the Mayor to execute all documents, and for the appropriate City officials to accept the deed to the City Hall property. He added that the owner will deed the property to the developer and they will in turn deed to us the Pittman Building. Councilmember Wofford offered motion to adopt the resolution as indicated excluding paragraph (f) Intercreditor Agreement and amended to permit the Appropriate City officials to accept the deed to the Pittman Building, seconded by Councilmember Ross, carried 6 to 3 with Councilmembers Bolton, Evans, and McBryde voting against. The resolution title is as follows: RESOLUTION APPROVING FORM OF DOCUMENTS AND CERTAIN OTHER MATTERS RELATING TO ACQUISITION OF PITTMAN BUILDING FOR USE AS A CITY HALL AND DISPOSITION OF THE PRINCE CHARLES HOTEL AND RELATED ACTION FOR DOWNTOWN REVITALIZATION. RESOLUTION NO. 1989-2a. Councilmember Kendrick moved to adopt the resolution to approve the Intercreditor Agreement, seconded by Councilmember Ross, carried 5 to 3 with Councilmember Bolton, Evans and McBryde voting against, and, Councilmember Thompson abstaining. The resolution title is as follows: RESOLUTION AUTHORIZING FROM OF INTERCREDITOR AGREEMENT RELATING TO THE PRINCE CHARGES HOTEL. RESOLUTION NO. S1989-2b. At this time the City Attorney referred to the Purchase Agreement between Citicorp and the City on page A-4 for the Pittman Building only concerning environmental conditions. The developer has the responsibility until we accept the building. Mr. Cogswell requested that Council authorize the Mayor to execute the Letter of Representation, Exhibit A, to the Assignment of Right to Receive Installment Agreements Emanating from and all other rights of Prince Charles Development Corporation under the Installment Sales Agreement. Councilmember Wofford moved to follow the recommendation to adopt the resolution, seconded by Councilmember Pillow, carried 6 to 3 with Councilmember McBryde, Evans, and Bolton voting against. The resolution title is as follows: RESOLUTION APPROVING FROM OF LETTER OF PRESENTATION RELATING TO ACQUISITION OF PITTMAN BUILDING FOR USE AS A CITY HALL. RESOLUTION NO. R1989-2c. Copies of the foregoing resolutions are on file in the clerk's office in Resolutions Book R1989. Councilmember Kendrick moved to enter executive session for litigation, seconded by Mayor Pro-Tem Evans, carried unanimously at 8:55 p.m. Council reconvened into regular session at 9:05 p.m. and recognized City Attorney Cogswell. He stated there were to condemnation cases on corners of southside of Grove Street and Hawley Lane which are cases number 87-CVF-6181 and 87-CVF-6182. Mr. Cogswell recommended Council settle both cases for the total sum of $15,060; $160 going on the East side and the balance of $14,900 on the West side subject to conditions in the letter from Mr. Cogswell to the property owner dated January 9, 1989, concerning driveway improvements and sign moving at the two intersections. Councilmember Ross moved to follow the recommendation, seconded by Councilmember Pillow, carried unanimously. There being no further business, the meeting was adjourned at 9:10 p.m. City Council Goal Setting Meeting January 9, 1989 Please Note: To view the agenda for the January 9, 1989 meeting, please see page 38a, Book X, of the City of Fayetteville Meeting Minutes. REGULAR MEETING TUESDAY, JANUARY 17, 1989 CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER TUESDAY, JANUARY 17, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Mayor Pro-Tem (at-large); Milo McBryde (at-large); Horace K. Thompson, Jr., (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Milt Wofford (District 5); and Mark Kendrick (District 6) 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 Robert M. Bennett, City Engineer G. Allen Mitchell, Assistant City/County Planning Director Mike Osbourn, Planner I, Planning Department Tom Ray, Airport Manager Members of the Press The meeting was called to order by the Mayor and the invocation was offered by Father John McHugh, St. Ann's Catholic Church, followed by the Pledge of Allegiance to the American Flag being led by the Mayor. Approval of Agenda: Councilmember Kendrick offered motion to approve the agenda, seconded by Councilmember Ross and carried unanimously by voice vote. Councilmember Thompson requested permission from Council to abstain from Item 8 on the agenda as his son has a direct financial involvement with the owner/petitioner. Mr. Wofford moved that Councilmember Thompson be excused from Item 8 A, seconded by Councilmember Kendrick, and carried unanimously by voice vote. Consent: Mayor Dawkins presented the consent agenda and asked if any cites should be removed before calling for action. Councilmember McBryde requested that Item 2 F be pulled from the agenda for discussion; Councilmember Wofford requested that Item 2 A.(9) be pulled for discussion. Councilmember Kendrick made a motion-to approve the consent agenda and each item as presented with the exception of Item 2 F. and Item 2 A.(9). After a second from Councilmember Ross, the consent agenda and following items were unanimously approved by voice vote: Approval of the following tax refunds: 1. Dennis Braxton in the amount of $85.25, illegal tax military exemption left off. 2. Frank Cline in the amount of $145.35, auto double listed. 3. Paul Dorsey in the amount of $83.49, illegal tax - military exemption left off. 4. Robert Downing in the amount of $24.89, charged with auto he did not own on 1/1/88. 5. Highland Distributing Co., Inc., in the amount of $117.30, computer equipment double listed. 6. J.W. Hodges, Heirs, in the amount of $80.16, clerical error - improperly charged with upper story finished & effective age group. 7. Leamon Lockamy in the amount of $9.28, auto was listed in different county and taxes were paid there. 8. William McKee in the amount of $134.63, clerical error - trailer listed incorrectly. 9. Albert Newberry in the amount of $54.52 (pulled for discussion). 10. Kenneth Norris in the amount of $96.33, personal property charged in error. 11. Rebecca Strickland in the amount of $19.51, should be charged in vander. Adoption of Budget Ordinance Amendments 89-22 and 89-23. Budget Ordinance Amendment 89-22 to correct administrative oversight of a journal entry for residual revenue sharing funds ($169,663.68) approved and appropriated by Council in June 1988, to be used in the Parking Capital Project. Budget Ordinance Amendment 89-23 (Police and Parks) to account for and allocate funds received from various donations to the Police Department in the amount of $1,435 and $2,500 from the Home and Garden Show to the Parks and Recreation department. Adoption of Capital Project Ordinance Amendment Changes 89-21 and 89-22. Capital Project Ordinance Amendment 89-21 (Community Development) to account for and budget $45,000 received in Program income under the HUD Year 13 Programs. Capital Project Ordinance Amendment 89-22 (Airport) to set up a budget for funds ($750,000) we are to receive from Republic Parking for the Airport Parking Lot and Access Road Project. Approval of the initial zoning to C1P Shopping Center District or to a more restrictive zoning classification for an area located south of Cedar Creek Road (NC HWY 53/210) east of 1-95. (P88-194) Approval of the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located at 438 Derose Drive. (P88-195) Approval of the rezoning from R15 Residential District to R10 Residential District or to a more restrictive zoning classification for an area located south of Morganton Road, east of McPherson Church Road. (P88-198) (pulled for discussion) Approval of sale of Parcel C-8, Lafayette Street, Vanstory Street Conservation Area, 11. Approval of the following tax refund: 9. Albert Newberry in the amount of $54.52 (pulled for discussion). Councilmember Wofford asked why the tax refund was being given as this information was not shown on the agenda backup information. Mr. Smith advised this information was not on the form received from the County, but they did check with the County to find that it was a clerical error - a car was listed in error. Councilmember Wofford moved that this tax refund to Albert Newberry in the amount of $54.52 be approved. Motion was seconded by Councilmember Thompson and carried unanimously by voice vote. Approval of the rezoning from R15 Residential District to R10 Residential District or to a more restrictive zoning classification for an area located south of Morganton Road, east of McPherson Church Road. (P88-198) (pulled for discussion) Councilmember McBryde stated this item came before the Planning Board the Tuesday before Christmas, and it seems there were people who wanted to attend the hearing but were unable to do so due to the holidays. Councilmember McBryde moved that this item be pulled and a Public Hearing be set for February 6, 1989, so the people could be heard on the matter. Motion was seconded by Councilmember Bolton. Mayor Dawkins called for the vote and it was unanimous. Mr. Cogswell advised any streets that are opened in this subdivision will be a separate approval aside from the rezoning decision. This matter would only come to Council if the developer and the Planning Staff could not agree on the routing of a street. Public Hearings: Consideration of Wilmington Road Land Use Plan. This item was presented by Al Mitchell who stated that Council had requested some months ago that the Planning Department review the Wilmington Road/Eastern Boulevard Corridor Land Use Plan, specifically (the area bounded by Gillespie Street, NC Hwy 87, the rear lot lines of Semsoms and Mann Streets and the Aberdeen Rockfish Railroad). Mr. Mike Osbourn of the Planning Department Staff reviewed the report printed in the agenda packet. Mr. Osbourn stated they are recommending that the southwest quadrant of the study area be “light industrial" and that this is the only change in the whole area. Mayor Dawkins reiterated that the only change in the southwest quadrant of the study area is the recommendation of light industrial instead of heavy industrial. Mr. Osbourn received questions from Council concerning the present land use of this area. The public hearing was opened and there was none to appear in favor. Appearing in opposition was Leonard Sanders, 212 Short Street. Mr. Sanders stated he had spent 22 years trying to develop a recreation program in this area and now (they say) the land is not good for residential use but is good for business. The residents want families to move into this area not businesses. Councilmember Thompson pointed out that the area in question is presently zoned M2 and is being recommended to go to M1. We are not taking a residential area that has been residential and changing it to something else. Mayor Dawkins responded there is residential development possibilities in the old Urban Renewal Area which is close to the southwest quadrant. Ten to twelve years ago there was a tremendous amount of monies spent through the Urban Renewal under Charles Fairley and maybe out of all this some more action may be spurred. Mr. William McCall, 1890 Cascade Street, appeared in opposition stating they are concerned with the area that is now zoned M2 Industrial. If this area remains Industrial, there will be no buffer between the homes that are there and the industry. A safe area is needed to raise children and industry is not wanted. If area remains zoned as it is, there will be an increase in crime. Mr. McCall concluded by stating the Urban Renewal did more harm than the 1945 Flood as the Urban Renewal moved the people. Also appearing in opposition was Christina Smith, 412 Old Wilmington Road stating she could not see the difference between M1 zoning and M2 zoning. Ms. Smith shared Mr. McCall's concern that there will not be a buffer between industry and the residential areas. Clinton Harris, Coordinator for Fayetteville-Cumberland County Citizens Association, asked how much of the area under study is in the 100 year flood zone and if the City is going to permit any building on this land or will it be used for purposes that do not require structures. Mr. Mitchell responded there is an area that is in the 100 year floodplain, and there is an ordinance that restricts development within the floodplain. Mr. Mitchell added that this actually becomes the buffer between the residential area. Mr. Harris asked that Council consider all of this before they make any decisions on the zoning of this area to the citizens will know exactly what cannot be done in this area. The City Manager restated that if the land is in the floodway, you cannot do anything with it; in the floodplain, you can build on it after it has been filled in so the building will be above the floodplain. Mr. Smith also added that this public hearing is not a zoning hearing and any action Council take at this meeting will not change the zoning. Mayor Dawkins recognized Mr. Matthew Smith, residing at 3101 Hyman Place with a place of business located on Old Wilmington Road. Mr. Matthew Smith stated he is not speaking in favor or opposition but wanted to re-emphasize the city manager's statement that this is a public hearing for input and not rezoning hearing. Also, having reviewed this plan at the Planning Board, he noticed there are some areas where the proposal is splitting up property an that this should be looked at. Mr. Matthew Smith asked that Council insure that the buffer area that is shown on one of the maps be included. There being none further to be heard on this matter, Mayor Dawkins declared the Public Hearing closed. Mayor Pro-Tem Evans asked about the City's recreational programs in this area. Mr. Stancil replied that Council has for the past two years budgeted monies for the J. S. Spivey Recreation Center. Mayor Pro-Tem Evans requested that the City go forward with it as quickly as possible. Following further discussion, Councilmember Wofford moved that the Wilmington Road Land Use Plan be approved with the Southwest quadrant being light Industrial and assuring that the buffer will be a part of this plan now. Motion was seconded by Councilmember Ross and carried 8 to 1 with Councilmember Torrey voting in opposition. 4. Presentation by Dr. Susan Cheek and Mr. Walter Vick of the Fayetteville Revitalization Commission regarding the proposed sale of the Anderson Street Library Building. Dr. Susan Cheek advised that the Fayetteville Revitalization Commission unanimously recommend that to make a decision on the sale of the Anderson Street Library would be premature. The Commission, therefore, requests that the City authorize resources for a downtown parking plan update and that businesses, individuals, churches, and public entities be invited to participate in the design process. Walter Vick reviewed the information that led the Revitalization to come to this recommendation. Following lengthy discussion of the downtown parking needs, Councilmember Wofford moved that Council direct the City Manager to proceed with the necessary actions to develop a request for proposal for an updated parking plan including a cost estimate for Council's approval. Motion was seconded by Councilmember Kendrick and carried unanimously. 5. Consideration of request to participate in the Defense Economic Adjustment Plan of the North Carolina Department of Natural Resources and Community Development. This item was presented by Mr. James Dougherty, Chief Planner, State of North Carolina, Department of Natural Resources and Community Development. The purpose of this Joint Compatible Land use Study is to find ways of accommodating local development needs, while preserving the military mission of Fort Bragg and Pope Air Force Base. Mayor Pro-Tem Evans moved and Councilmember Wofford seconded that the following resolution be adopted: A RESOLUTION AUTHORIZING PARTICIPATION IN THE JOINT COMPATIBLE LAND USE STUDY Whereas, land use, growth management, and economic development issues are of mutual concern and interest to the military and to local government officials in the Fort Bragg/Pope Air Force Base area; and Whereas, the Department of Natural Resources and Community Development in cooperation with the Office of Economic Adjustment in the Department if Defense, is coordinating a Joint Compatible Land Use study that will: 1. accommodate growth potential of surrounding political jurisdictions while preserving the military mission of Fort Bragg and Pope Air Force Base, 2. identify alternative solutions to land use compatibility problems, 3. examine the impact of aircraft and artillery noise on off-reservation land areas, 4. examine the Impact of military activities and policies on land values, major watershed areas, ground transportation, housing, and education facilities, 5. build permanent networks of communication and cooperation between Fort Bragg/Pope Air Force base and the surrounding political jurisdictions; and Whereas, the City of Fayetteville desires to participate fully in the Joint Compatible Land Use Study; and Whereas, the Department of Defense is providing most of the funds needed to undertake the study; and Whereas, the City of Fayetteville wants to contribute Its proportionate local share for the study, defined as five (5) cents per capita (July 1986 estimate, Office of State Budget and Management), less municipal population for counties, with a minimum payment of $200.00; Now, therefore, be it resolved that the (Governing Board) of the City of Fayetteville agrees to participate in the Joint Compatible Land Use Study, and Be it further resolved that the City of Fayetteville agrees to pay its proportionate local share for the study, as defined above, in the amount of $3,555.00, when invoiced for this amount by the Department of Natural Resources and Community Development. Done in the City of Fayetteville, North Carolina, this 17th day of January, 1989. Attest: Bobbie A. Joyner City Clerk SEAL Councilmember Pillow asked how the $3,555 fee was calculated. Mr. Dougherty explained that it was based on 5¢ per capita based on the 1986 population estimates. Mayor Dawkins called for the vote. Motion carried unanimously. Consideration of demolition ordinance for property located at 2607 Providence Street, Apt. 1 & 2 (Charles and Ora Jones, Owners). This item was presented by Walter Haire. Mr. Haire stated there was no opposition. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1989-1. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton, and carried unanimously. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book 1989. Consideration of the proposed purchase of the L.O. Smith property by the Fayetteville Regional Airport. Tom Ray, Airport Manager, presented this item stating the Airport Commission met at noon this date and recommends that the City purchase the L.O. Smith property, 3.7 acres with a prefabricated metal building, for $50,000.00, and management recommends this also. Mayor Pro-Tem Evans moved that the City purchase this property and Councilmember Bolton seconded motion. Councilmember McBryde stated he will not vote to approve a sum that is higher than the appraised value. Mr. Ray advised that the City's share of the $50,000 purchase price is 5% with a Federal Grant paying 905 and State, the remaining 5%. At the end of discussion, Mayor Dawkins called for the vote. The motion carried 7 to 2 with Councilmembers McBryde and Torrey casting the dissenting votes. 8. Consideration of a resolution directing the clerk to investigate the sufficiency of a petition for annexation received under G.S. 160A-31: A. Weber Property (Extension of Country Club North). RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1989-3. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried with a vote of 7 to 1 with Councilmember Ross voting against (Councilmember Thompson abstaining). A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1989. 9. Consideration of a Municipal Agreement with the Geological Survey of the United States Department of the Interior, to conduct a storm water Hydrologic Study in Fayetteville. City Engineer Bob Bennett presented this item stating this is a proposal for the City to join with The United States Department of Interior, Geological Survey, for a hydrology study in the Fayetteville area. This is a necessary part of a systematic study and is the first phase of a stormwater management study with the second phase coming soon. Mayor Pro-Tem Evans moved that the City Manager execute a Municipal Agreement with The United States Department of Interior to conduct stormwater Hydrology Study in Fayetteville. Motion was seconded by Councilmember Kendrick. Mr. Bennett advised this is a 50% cost-shared program. The agreement shows $195,500.00 which consists of $184,500.00 to be paid over a 5-year period and $11,000.00 in direct services helping to establish the rainfall discharge area locations. The City Manager stated these monies will come from the Drainage Bond Fund. Mayor Dawkins called for the vote which was unanimous. 10. Consideration of approval of railroad crossing project on Cedar Creek Road. This item was presented by Bob Bennett. Mr. Bennett advised that the 1986 Bond Issue included funds for purchasing railroad crossing materials at number of CSX Mainline locations - Moore Street, Chance Street, Cumberland Street. CSX Railroad recently upgraded these crossings with timbers an asphalt, and they will not consider providing the labor for replacement until the crossings are considerably deteriorated. Mr. Bennett stated they believe these crossings will be acceptable for a number of years and would like to substitute at least enough funds from those crossings to provide a crossing that was not mentioned in the Bond Issue which was for the Cedar Creek Road. If the City will buy the materials, the railroad will install it. Councilmember Bolton offered a motion to follow the recommendation of the City Engineer to substitute funds from the Moore Street, Chance Street, an Cumberland Street Crossings for purchase of materials for other locations including Cedar Creek Road. Motion was seconded by Councilmember Kendrick. Councilmember Wofford expressed his concerns over using bond money for projects that was not listed. The City Manager responded that we are going to spend the money that would have gone for these three crossing projects on other railroad crossing so we are staying within the intent of the bond funds. Councilmember Pillow stated his concerns over the citizens of Moore Street, Chance Street, & Cumberland Street having to accept inferior work of their crossings as CSX used materials of a lesser quality than the City would have purchased. Mr. Bennett added that the City did not have an opportunity to ask CSX to use our materials. CSX came in and was finished before the City had time to properly advertise for bids on the materials needed. Following further discussion, Mayor Dawkins called for the Vote. The notion carried 5 to 4 with Councilmembers Pillow, Ross, Torrey, and Wofford voting against. Appointments: A. Election of nominee to fill one vacancy on the N.C. Fireman's Relief Fund. Mayor Dawkins stated that Councilmember McBryde had nominated, at the last meeting, J. H. Kyle, Jr., P.O. Box 1316, Fayetteville, NC 28302 to fill a vacancy on the N. C. Fireman's Relief Fund and called for a vote. Mr. Kyle was elected to serve a term to January 1991. Administrative Reports: A. Report on traffic Improvements in the vicinity of Cape Fear Valley Medical Center. B. Report on design feasibility study of grade separation for Russell Street over Winslow Street and CSX mainline tracks and removal of train-vehicle conflicts in Fayetteville's Central Business District. Due to the time, the City Manager recommended Items 12 A. and 12 B. be considered at the Information Meeting on January 23, 1989. Council agreed. There being no further business, the meeting was adjourned at 9:55 p.m. SPECIAL MEETING MONDAY, JANUARY 23, 1989 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING SHONEY'S RESTAURANT MONDAY, JANUARY 23, 1989 7:30 A.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans; Milo McBryde; Horace K. Thompson, Jr.; Tommy Bolton; Ida Ross; Joseph L. Pillow; Thelbert Torrey; Milt Wofford; and Mark Kendrick Others Present: Senators Lura Talley and Joe Raynor, Representatives C. R. Edwards, Alex Warners Bill Hurley, Nick Geralds 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 Jimmy Teal, Assistant to the City Manager Major George Moyd, Police Major Phil Cannady, Police Beryl Wade, Police Legal Advisor Mayor Dawkins called the special meeting of the Council with the Cumberland County Legislative Delegation to order. Mayor Dawkins recognized City Manager John Smith for a presentation of the legislative goals of the North Carolina League of Municipalities. City Manager Smith emphasized the City's particular concern with revenue matters, highways, and personnel benefit mandates. He also discussed the City Council's endorsement of a change to ABC laws regarding allowing local law enforcement officials to enter establishments with ABC licenses. City Attorney Bob Cogswell presented information and concerns regarding the following issues: The Open Meetings Law, land use planning, annexation, increasing the fine for violations of City Ordinances, impact fees, and tort reform. Councilmember Pillow emphasize the need for a major highway to Raleigh, the importance of development of Fayetteville State University, the development of a regional sports complex, and the development of a regional state office building. Councilmember Evans emphasized the need for continued support of the farmers' market. Councilmember Wofford discussed the importance of 911 legislation to be before the General Assembly. There being no further business, the meeting was adjourned. INFORMATION MEETING MONDAY, JANUARY 23, 1989 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MONDAY, JANUARY 23, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans; Milo McBryde; Horace K. Thompson, Jr.; Tommy Bolton; Ida Ross; Joseph L. Pillow; Thelbert Torrey; Milt Wofford; 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 Robert M. Bennett, City Engineer Mayor Dawkins called the meeting to order. Assistant City Manager Ben Brown offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. The first item for discussion was a report on traffic improvements in the vicinity of the Cape Fear Valley Medical Center. City Engineer Bob Bennett reviewed the request of Mr. Wayne Bailey, Division Engineer, NCDOT, concerning these improvements. The indicated the time period for completion of these projects would be approximately two years with the City's appropriation being required to the 1989-1990 Budget. Upon motion by Councilmember Evans, seconded by Councilmember Kendrick, the Council voted unanimously to authorize the City Manager or the Mayor to write a letter to Board of Transportation Member Terry Hutchens as requested in Mr. Bailey's letter. The second item for consideration was a presentation by City Engineer Bob Bennett on the design feasibility study of grade separation from Russell over Winslow Street and CSX main line tracks and removal of train-vehicle conflicts in Fayetteville's central business district. Mr. Bennett reviewed the results of the design feasibility study conducted for the North Carolina Department of Transportation. He indicated that the total cost of this project would be approximately $9.5 million including the bridge over Russell Street. He also indicated that the project could be done in phases with the critical Milan Yard and South Yard improvements and track connectors being the most critical at a total of approximately $3 million. Upon motion by Councilmember Kendrick, seconded by Councilmember Wofford, Council voted unanimously to endorse the concept and authorize the staff to proceed with negotiation and study. Upon motion by Councilmember Pillow, seconded by Councilmember Thompson, Council voted unanimously to go into Executive Session to discuss litigation. Upon reconvening into regular session, the meeting was adjourned. REGULAR MEETING MONDAY, FEBRUARY 6, 1989 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, FEBRUARY 6, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph L. Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Relations Officer Bob Bennett, City Engineer Elmer Floyd, Director, Human Services The invocation was offered by City Manager John Smith followed with Major Bruce Dawe, Commander of the Fayetteville Independent Light Infantry leading in the Pledge of Allegiance to the American Flag. RECOGNITION: 1988 Employee suggestion of the Year - Raymond Beason The Mayor read and presented a plaque to Mr. Beamon with Environmental Services, awarded for the best suggestion of 1988 by having the City over $2,900 per year in the future, by looking into air conditioning hoses. At this time Mayor Dawkins stated he had received a request from Mr. Terry Hutchens of the North Carolina Department of Transportation requesting a resolution supporting the widening of Highway 87. 1. Approval of Agenda City Manager Smith requested that item 12 be added to the agenda that was sent under separate cover and to pull item 2.Q. for discussion. Councilmember Bolton offered motion to approve the agenda with the addition of item 12, seconded by Mayor Pro-Tem Evans and carried unanimously. 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 items 2 B. and 2 I. for discussion; Councilmember Wofford requested Item 2 M. and 2 O. be pulled for discussion. Councilmember McBryde made a motion to approve the consent agenda and each item as presented with the exception Item 2 B, I, M, and Q. After a second from Councilmember Pillow, the consent agenda and following item were unanimously approved by voice vote: A. Approval of minutes of regular meeting of January 3, 1989. B. Approval of minutes of special meeting of January 9, 1989. (PULLED FOR DISCUSSION) C. Approval of minutes of regular meeting of January 17, 1989. D. Approval of minutes of special joint meeting with Cumberland County Legislative Delegation of January 23, 1989. E. Approval of minutes of information meeting of January 23, 1989. F. Approval of the following tax matters. 1. Tax refund in the amount of $36.30 to Walter Becker - Illegal tax: military tax left off. 2. Tax refund in the amount of $64.36 to Kenneth Dimsdale - Auto double listed. 3. Tax refund in the amount of $26.29 to Tie Henry - Clerical error: Auto listed erroneously as pick-up truck. 4. Tax refund in the amount of $130.46 to David Lillico - Auto double listed. 5. Tax refund in the amount of $23.98 to Jerry Little - Clerical error: Auto sold in 1986 but still on tax bill. Bill of sale for proof. 6. Tax refund in the amount of $18.92 to George Lowery - Taxes double listed in error. 7. Tax refund in the amount of $84.97 to George McKinney - Clerical error: Did not own vehicles charged per bill of sale. 8. Tax refund in the amount of $124.41 to Nance Vending Service, Inc. - 1987 assessed value in error. Taxpayer submitted amended statement. 9. Tax refund in the amount of $33.00 to Margaret Street - Clerical error: Did not own auto per bill of sale. 10. Tax refund in the amount of $44.57 to Mack Virgil - Clerical error: Did not own auto per bill of sale. 11. Tax refund in the amount of $58.50 to Volvo Finance North America - Charged in City but actually located in 0021 Fire District. G. Approval of Budget ordinance Amendment 89-24. Amendment 89-24 is necessary to account for $52,199 received from the County for the purpose of refunding fire district taxes. H. Adoption of ordinance imposing demolition lien against property at 2607 Providence Street, Apt. 1 and 2. AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN. ORDINANCE NO. NS1989-2. This ordinance was adopted at 7:12 p.m, and a copy of the ordinance is on file in the Clerk's office in Ordinances Book NS1989. I. Set public hearing for March 6, 1989, to consider an application by Drs. Jay and Kathy Kosterman for a Special Use permit as provided by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-24, Item (4) to expand a medical clinic in an R6 Residential District for an area located at 116 Country Club Drive. (P89-6) (PULLED FOR DISCUSSION) J. Approval of the rezoning from R5A Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 107 and 109 Jasper Street. (P89-3) K. Option of resolution to acquire Cain Road right-of-way/Parcel E-11. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. S1989-4. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. L. Adoption of resolution approving the sale of a City and County owned lot on the north of Taft Street. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1989-5. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. M. Set public hearing for March 6, 1989, to consider changes in provision of fixed route transit services. (PULLED FOR DISCUSSION) N. Award of contract for purchase of 200,000 feet of 25 KV URD Aluminum Conductor to Mill-Power Supply Company, low bidder in the amount of $380,950. Bids were received December 13, 1988, as follows: Mill-Power Supply Company $380,950 Tennessee Valley Electric Supply $388,200 Westinghouse Electric Supply $393,200 Rigby Electric Supply $397,400 Power and Telephone Supply $434,600 O. Award of contracts for construction of the East Fayetteville Sanitary Sewer Lift Station to the following bidders: 1. Triplex Construction (Part I, General) $941,000 2. Standard Electric Co. (Part II, Mechanical) $ 56,170 3. Hairs Plumbing Co. (Part III, Plumbing) $ 30,402 4. Watson Electric Co. (Part IV, Electrical) $217,284 The following bids were opened and publicly read on Tuesday, January 10, 1989: BIDDER - GENERAL CONTRACTOR BASE BID PART I Triplex Construction $ 941,000 T.A. Loving Company $ 997,500 Crowder Construction Company $1,017,000 Dellinger, Inc. $1,066,000 Kinsey Contracting Company $1,067,847 Republic Contracting Corporation $1,141,000 Roanoke Construction Company $1,160,000 BIDDER - MECHANICAL CONTRACTOR BASE BID PART II Standard Electric Company $56,170 Refrigeration & Heating $79,944 Bass Air Conditioning $98,000 BIDDER - PLUMBING CONTRACTOR BASE BID PART III Haire Plumbing Company, Inc. $30,402 McGirt's Plumbing Company, Inc. $33,690 Triplex Construction $39,934 BIDDER - ELECTRICAL CONTRACTOR BASE BID PART IV Watson Electric Construction Company $217,284 King Electric of Fayetteville, Inc. $217,500 Barnes and Powell Electrical Company $218,700 Hogue Electric Company $235,900 P. Set public hearing for February 21, 1989, to consider adoption of resolutions declaring costs for paving, water and sewer of the following: PAVING: 1. Poe Street (from Southern Avenue to Dead End). RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF POE STREET (FROM SOUTHERN AVENUE TO DEAD END). RESOLUTION NO. R1989-6. 2. Dick Street (from Campbell Avenue to Pond Street). RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PULMINARY ASSESSMENT ROLL FOR PAVING OF DICK STREET (FROM CAMPBELL AVENUE TO POND STREET). RESOLUTION NO. R1989-7. 3. West Street (from Whitfield Road to South Street). RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF WEST STREET (FROM WHITVIEW ROAD TO SOUTH STREET). RESOLUTION NO. R1989-8. 4. Rowan Street (from Seaboard System Railroad to Hillsboro Street). RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF ROWAN STREET (FROM SEABOARD SYSTEM RAILROAD TO HILLSBORO STREET). RESOLUTION NO. R1989-9. 5. Clark Road (from Bragg Boulevard to Chandler Street). RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF CLARK ROAD (FROM BRAGG BOULEVARD TO CHANDLER STREET). RESOLUTION NO. R1989-10. 6. Cochran Avenue from Existing Pavement at Eastern Margin of Alvin Pierce Property to Eastern line of Medfield Subdivision (NE Corner Lot 1) and SE Corner Lot 11, Plat 54/2). 7. Willis Street (from Cochran Avenue (Topeka street) to NE Corner Lot 1 Plat 45/50 and NW Corner Lot 7 Plat 54/2). RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF COCHRAN AVENUE (FROM EXISTING PAVEMENT AT EASTERN MARGIN OF ALVIN PIERCE PROPERTY TO EASTERN LINE OF MEDFIELD SUBDIVISION (NE CORNER LOT 11 AND SE LOT II PLAT 54/2) AND WILLIS STREET (FROM COCHRAN AVENUE (TOPEKA STREET TO THE CORNER LOT 1, PLAT 45/50 AND NW CORNER LOT 7. PLAT 54/2). RESOLUTION NO. R1989-11. 8. Brook Street. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF BROOK STREET (EXISTING PAVEMENT TO 23 FEET EASTWARDLY). RESOLUTION NO. R1989-12. 9. Tolar-Barnes Barrett. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF TOLAR-BARNES-BARRETT STREETS (FROM SOUTHERN AVENUE TO WINSLOW STREET). RESOLUTION NO. R1989-13. PAVING, SANITARY SEWER AND WATER EXTENSION: 1. Twin Acres Drive (from Raeford Road to Dead End). RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING. SANITARY SEWER AND WATER EXTENSION OF TWIN ACRES DRIVE (FROM RAEFORD ROAD TO DEAD END). RESOLUTION NO. R1989-14 2. Guy Circle. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING. SANITARY SEWER AND WATER EXTENSION OF GUY CIRCLE. RESOLUTION NO. R1989-15. SANITARY SEWER AND WATER EXTENSION: 1. McPherson Church Road. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR SANITARY SEWER AND WATER EXTENSION OF McPHERSON CHURCH ROAD. RESOLUTION NO. R1989-16. SANITARY SEWER: 1. McPherson Church Road. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR SANITARY SEWER OF MCPHERSON CHURCH ROAD. RESOLUTION NO. R1989-17. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1989. Q. Award of construction contract for Rowan Street band shell to Signs Construction, low bidder. (PULLED FOR DISCUSSION) 2B. Approval of minutes of regular meeting of January 3, 1989. Councilmember Kendrick requested his name be added to those present. His name had been omitted in error. 2I. Set public hearing for March 6, 1989, to consider an application by Drs. Jay and Kathy Kosterman for a special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-24, Item (4) to expand a medical clinic in an R6 Residential District for an area located at 116 Country Club Drive. (P89-6) Councilmember Kendrick asked what action Council had taken on this property previously. Al Mitchell responded that Council had granted the special Use Permit previously. There has been a new building built and the old building will be torn down. 2M. Set public hearing for March 6, 1989, to consider changes in provision of fixed route transit services. Councilmember Wofford stated he had received several concerns from residents of Sutton Street and requested that Sutton Street and Pearl Street residents be notified of the public hearing. Councilmember McBryde offered motion to approve items 2 B, I, and M, seconded by Councilmember Pillow and carried unanimously. 2Q. Award of construction contract for Rowan Street band shell to Signs Construction, low bidder. Mr. Smith stated that he pulled this item to offer more information. The Parks and Recreation Capital Improvement Budget has $43,000 for this project and the Friends of the Parks are in the process of a fundraising drive to raise the remainder of the funds in order to get this project underway, it is recommended to encumber $76,273 of Parks Improvement Funds with the portion to be replaced later on if the Friends of the Parks are able to raise the rest of the money. The bids received January 31, 1989, are as follows: Sign Construction Company, Inc. $76,273 Shaw Construction Company, Inc. $79,600 D. F. Tally and Sons, Inc. $80,049 Ellis-Walker Builders, Inc. $81,905 Hatcher Construction Company, Inc. $86,600 Ace Construction Company, Inc. $88,295 Mayor Pro-Tem Evans moved to award the contract to Signs Construction Company, low bidder, in the amount of $76,273, seconded by Councilmember Bolton and carried unanimously. At this time Mayor Dawkins reviewed the policy for the time limit on public hearings. 3. Public Hearing: A. Consideration of the rezoning from R15 Residential District to R10 Residential District or to a more restrictive zoning classification for an area located south of Morganton Road, east of McPherson Church Road (P88-198). This item was presented by Al Mitchell stating that the Planning Board recommends approval. The public hearing was opened and Attorney Stacy Weaver representing the petitioner appeared in favor. Mr. J. B. Rouse, an adjoining property owner, stated that he had no objections to this rezoning. Mr. David Nichols, 3540 Farmbrook Road, stated that the neighbors are not opposed to the R-10 rezoning but would be opposed to any further downgrading of zoning in the future. There being none further to be heard on this matter, the public hearing was closed. Mayor Pro-Tem Evans offered motion to rezone from R-15 Residential to R-10 Residential as recommended, seconded by Councilmember Pillow. Councilmember Wofford offered substitute motion to leave the zoning as is. Motion died for a lack of second. Following discussion Mayor Dawkins called for a vote and the motion carried 8 to 1 with Councilmember Wofford voting against. Appearance by Mr. Troy Williams, Cumberland County Mental Health Center, representing the Council on Prevention and Education. Mr. Williams stated that the Council On Prevention and Education's goal is to change the attitudes of the communities. They feel that law enforcement is not enough. The Council's overall goals are; a) to increase community awareness of the relationship between positive youth development and the reduction of substance abuse, teenage pregnancy, school dropouts, delinquent behavior, legal problems, and unemployment; b) to provide and encourage activities designed to enhance coping capacity, interpersonal skills, and positive self-esteem in youth; c) to support the development of communication networks; d) to encourage broad-based community involvement and ownership in the planning process. Councilmembers commended COPE for their work that they are doing. Consideration of recommendation by the Fayetteville Human Services Commission for enabling legislation for proposed Fair Housing Ordinance. Ms. Leslie Kierwa, Chairperson of Human Services Commission, stated that they feel the Fair Housing Ordinance enforcement should be handled by those in our area. They are here tonight to ask the Council for enabling legislation for the proposed Fair Housing Ordinance. Curtis Harper, Human Services Commission member, stated this will amend the City Charter to allow intergovernmental handling of our own housing problems. Mr. Harry Rulnick, also a member of the Human Services Commission, covered how to go about taking care of the problem by staff or court with Council authorizing subpoenas. Mr. Frederick Best, representing the realtors, officers, and directors stated they have had nothing but encouragement from HUD. Mayor Dawkins clarified that this had not been before the entire realty board and was only the officers and directors acting on behalf of the board. Councilmember Pillow offered motion to authorize the City Attorney to draft local act for consideration by the legislative delegation, seconded by Councilmember Ross. Following lengthy discussion concerning Council becoming a court for these cases, Councilmember Bolton offered substitute motion for the City Attorney to meet with Council at an information meeting before drafting this local act, seconded by Councilmember McBryde. There was further discussion with the same concerns. Human Services Director, Elmer Floyd, requested to be recognized for a point of clarification. Council unanimously voted to hear Mr. Floyd. Mr. Floyd stated that the ordinance the Human Services Commission drafted is not what will be sent to the legislative delegation. They are only requesting that Council ask for enabling legislation and the Ordinance sent later when finalized. City Attorney Cogswell was recognized stating that the deadline for sending materials to legislative delegation is March 15. Mr. Cogswell suggested that a draft of the ordinance be sent with the request because it has been his experience in matters of this kind that the ordinance is requested by the delegates if it is not sent with the request. Councilmember Bolton withdrew his substitute motion and Councilmember McBryde withdrew his second. Mayor Dawkins called for a vote on the main motion and it carried unanimously. 6. Report from Streets, Roads and Transportation Committee. A. Consideration of setting public hearing to consider construction of sidewalks on Morganton Road from Churchill Drive to McPherson Church Road. Following Councilmember Kendrick's report. Councilmember Thompson offered motion, seconded by Mayor Pro-Tem Evans to set public hearing for March 6, 1989, on Morganton and Sidewalk Project from Devane Street to McPherson Church Road, carried unanimously. At this time, Councilmember Pillow questioned whether Arthur and Nicky Streets are City-maintained streets because they are still unpaved. Councilmember Kendrick responded that the Engineering Department had notified him that these two streets are City-maintained unpaved streets; however, all unpaved City maintained streets will be studied closely very soon. 7. Consideration of consultant for development of stormwater management plan. This item was presented by City Engineer Bennett. He stated that a final formal request for proposals was mailed to 24 firms with 12 responding. The 12 responses were ranked using a prepared checklist. The top 4 firms were then interviewed by a panel of City employees. Based on these interviews, the top 4 firms in order of merit area 1) Sutton-Kennedy and Associates; 2) The Edge Group, 3) C H 2 M Hill, 4) Black and Veatch, Inc., Consulting Engineers. Mr. Bennett stated that they are recommending City Council authorize negotiations with Sutton-Kennerly and Associates for a contract to perform the capital stormwater management study. In the event negotiations with Sutton-Kennerly and Associates fail to yield a contract, automatic authorization be given to negotiate with the remainder of the three firms one at a time and in order of standing until a successful contract is negotiated. Councilmember Bolton offered motion to follow the recommendation, seconded by Councilmember Kendrick and carried unanimously. 8. Consideration of award of contract for resurfacing of various streets. City Engineer Bennett presented this item stating that Council had approved the list of streets to be resurfaced on December 19, 1988. They are requesting a contract be awarded to the low bidder, Barnhill Contracting Company, in the amount of $760,875.60. Bids received on January 31, 1989, are as follows: Barnhill Contracting Company $760,875.60 Crowell Constructors, Inc. $780,829.20 McDonald Grading Company, Inc. $808,850.50 Autry Grading, Inc. $880,588.00 Mayor Pro-Tem Evans moved to award the contract to the low bidder, Barnhill Contracting Company in the amount of $760,875.60 as recommended, seconded by Councilmember Kendrick and carried unanimously. 9. Consideration of the following annexation matters: A. Consideration of a resolution directing the clerk to investigate the sufficiency of a petition for annexation received under G.S. 160A-31, as amended: 1. Bordeaux Property-Carlos Avenue 2. Machine Products Property-Carlos Avenue Assistant City Manager Stancil presented this item stating that the two properties along Carlos Avenue that are not in the City have been submitted by the property owners for individual annexation petitions. If these two properties are annexed, the City will be able to assess the owners for the street improvements. Since the two properties are next to each other they can be combined and annexed together. Mr. Stencil stated the recommendation is to investigate the sufficiency of a petition for annexation. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31 (BORDEAUX PROPERTY). RESOLUTION NO. R1989-18. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31 (MACHINE PRODUCTS PROPERTY). RESOLUTION NO. R1989-19. Councilmember Kendrick introduced the foregoing resolutions and moved their adoption, seconded by Councilmember Bolton and carried 7 to 2 with Councilmembers Torrey and Ross voting against. B. Consideration of resolution fixing date of public hearing on question of annexation pursuant to G.A. 160A-31, as amended (Weber property-Extension of Country Club North) (Recommended public hearing date - February 21, 1989). Mr. Stancil presented this item stating that it is a proper petition and the suggested public hearing date is February 21, 1989. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED. RESOLUTION NO. R1989-20. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Pillow and carried 7 to 2 with Councilmember Thompson and Ross voting no. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1989. 10. Appointments: A. Nominations to fill one vacancy on the Human Services Commission. There were no nominations made at this meeting. B. Nominations to fill one vacancy on the Parks and Recreation Advisory Commission. Councilmember Rome nominated Theodore Papadeas, 2350 Rolling Hill Road; Councilmember Pillow nominated Robert B. Barber, 1511 Trevino Drive; and Councilmember Wofford nominated James Lollis, 310 Hinsdale Avenue. 11. Administrative Reports: A. Statement of taxes collected for the month of December 1988, from the Cumberland County Tax Collector. The tax report was submitted showing a total collections of $5,672,641.61. 12. Consideration of amendment of section 32-22(9) of the Zoning Ordinance to permit Community and Recreational Facilities on Property Leased by Public Bodies as a permitted Use in R-15 Zone. This item was presented by City Attorney Cogswell recommending that this be forwarded to the Planning Department. Councilmember Torrey moved to follow the recommendation and forward this matter to the Planning Department, seconded by Councilmember Wofford and carried unanimously. At this time Mayor Dawkins asked if there was any matters that should be brought before the Council at this time. Councilmember Wofford announced that Councilmember Kendrick had been elected Chairperson of the City/County Liaison Committee. Mayor Dawkins made an announcement that David Nash, Annexation Studies Coordinator, and his wife had been blessed with a 10 pound 10 ounce baby girl on Friday, February 3, and thanked them for doing their part to increase the population. There was some discussion concerning having town hall meetings scheduled and Mayor Dawkins requested that this be decided at a future meeting. There being no further business, the meeting was adjourned at 9:20 p.m., upon motion by Mayor Pro-Tem Evans, seconded by councilmember Thompson and a unanimous vote. REGULAR MEETING TUESDAY, FEBRUARY 21, 1989 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER TUESDAY, FEBRUARY 21, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans; Milo McBryde; Horace K. Thompson, Jr.; Tommy Bolton; Ida Rosa; Joseph Pillow; Thelbert Torrey; Milt Wofford and Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, City Attorney Jason Brady, Public Information Officer Robert M. Bennett, City Engineer Henry Powers, Water/Sewer Superintendent for Operations, PWC Rosalie Kelly, Chairperson, Market House Restoration The invocation was offered by Councilmember Thelbert Torrey followed with the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins presented the certificate and a $50.00 savings bond from the Kiwanis Club to Ann Wofford, daughter of Councilmember and Mrs. Milt Wofford. At this time Mayor Dawkins announced receiving notice of a meeting on Thursday, February 23, 7:00 p.m., at the Fayetteville Technical Community College, Cumberland Hall. The Low-Level Radio Active Waste Management Authority will conduct a forum to educate the public on this matter. Mayor Dawkins stated that the City Attorney bad requested an Executive Session at the end of the meeting for litigation. Councilmember Thompson also requested to abstain from Item 3(b) because his son has a direct financial involvement with the owner/petitioner. Councilmember Bolton offered motion, seconded by Councilmember McBryde, to grant the request of Councilmember Thompson to abstain from Item 3(b), carried unanimously. 1. Approval of Agenda: Councilmember Torrey moved to approve the agenda, seconded by Councilmember Bolton, carried unanimously. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. There being no requests for removal, Councilmember Bolton made a motion to approve the consent agenda and each item as presented. After a second from Councilmember Wofford, the consent agenda and following items were unanimously approved: A. Approval of minutes of regular meeting of February 6, 1989. B. Set public hearing for March 20, 1989, to consider an amendment to the City of Fayetteville Code of Ordinances, Chapter 32, Zoning, Article III-General provisions by Creating Section 32.11.1 to address “No nonconformity as a result of eminent domain." (P89-7). C. Adoption of Capital Project Ordinance Amendment 89-23. This change is necessary to account for revenue received from the Federal Drug Forfeiture Funds in the amount of $28,347.00, to be used exclusively for law enforcement purposes. D. Adoption of a resolution to acquire Parcel E-3 for Purdue/Cheselka Street Connection. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1989-21. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. E. Approval of bid award for site development of PWC Operations Complex, Phase I, in the amount of $1,012,264.90, to C. K. Andrews Contracting Company, Inc., low bidder. (PWC) Bids received are as follows: C. K. Andrews Contracting, Inc. $1,012,264.90 G & P, Inc. $1,082,268.25 W. E. Blackmon Construction $1,089,974.85 Barnhill Contracting $1,107,286.05 Wellone Construction $1,150,730.05 Autry Grading, Inc. $1,159,801.85 Crowell Constructors $1,168,484.65 C. M. Lindsey & Sons, Inc. $1,245,501.15 Yates Construction Co., Inc. $1,479,283.70 F. Approval of bid awards to the following low bidders for purchase of chemicals for water and wastewater treatment: (PWC) 1. Aluminum Sulfate (4,250,000 pounds) to American Cyanamid Company in the amount of $119,000.00 ($2.80/CWT). 2. Powdered Activated Carbon (75,000 pounds) to Suffolk-Gowen Chemical Co. in the amount of $25,080.00 ($33.44/CWT). 3. Liquid Chlorine (190 Tons) to Suffolk-Gowen Chemical Co. in the amount of $103,626.00 ($27.27/CWT). A copy of the bid tabulation is attached to and made a part of these minutes. 3. Public Hearings: Mayor Dawkins reminded everyone of the 15-minute time limit for each side to debate. A. Consideration of adoption of resolutions declaring costs for paving, water and sewer of the following: The City Attorney presented this item and reviewed the 30 percent discount payment stating that a letter would be sent to the property owners informing them of the 30-day discount. Mr. Cogswell further stated that all property owners had been notified of this public hearing, to the best of his knowledge. PAVING 1. Poe Street (from Southern Avenue to Dead End). The public hearing was opened. There were none to be heard for or against this item and the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1989-22. 2. Dick Street (from Campbell Avenue to Pond street). The public hearing was opened. There were none to be heard for or against this item and the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1989-23. 3. West Street (from Whitfield Road to South Street). The public hearing was opened and there were none appearing for this paving. Appearing in opposition was Russell Thompson, 968 Bonnce Road, stating his only objection is he feels the paving rates are too high. Mayor Dawkins explained that he would only have to pay $4.00 per square foot at this time; when the paving is initiated after July 1, 1988, the charge would be $10.00 per square foot. Also that the taxpayers pay approximately 80 percent of paving. Mayor Dawkins also made note that this street was renamed Hooks Street. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1989-24. 4. Rowan Street (from Seaboard System Railroad System to Hillsboro Street). The public hearing was opened and there were none to appear for or against this item. Mr. Gilford Barnhill, Jr., 110 Stedman Street, owner of three lots, stated that he is not opposed to the assessment; however he cannot get tractor trailers backed into his warehouse and wants the curbs changed. Mr. Barnhill was referred to the City Engineer, who will meet with Mr. Barnhill to arrive at a possible solution. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1989-25. 5. Clark Road (from Bragg Boulevard to Chandler Street). The public hearing was opened. There were none to appear for or against this item and the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1989-26. 6. Cochran Avenue (from Existing Pavement at Eastern Margin of Alvin Pierce Property to Eastern Line of Medfield Subdivision (NE Corner Lot 1) and SE Corner Lot 11, Plat 54/2). The public hearing was opened and there were none appearing for or against this item. Mr. Clarence Faison, 628 West Cochran Street, appeared before Council stating that he is a new property owner and feels that the City should have some supervision where these assessments could be totaled into the property instead of finding out after purchasing that this assessment has to be paid by him. Mr. Faison was advised that this is between his real estate agent and himself. The City Attorney stated that this is a tax lien only as of the date and actual time that the roll is confirmed. Until that point in time, there is nothing of record for any closing attorney to pick up. Approximately one year ago, Mr. Cogswell's office sent a letter to every attorney in town telling them that because of the recent annexations they should double check when closing a loan in a new annexed area to possibly see if the parties could escrow some money. The attorneys have missed nothing until these are liens, and it is not a lien until it is approved by Council. Mr. Cogswell also has posted In the tax office, every approved roll, so there are notices of those. However, if the closing attorney does not see any of these, they have done nothing wrong. At this time, there is no solution because the statues protects everyone. Gregory Price, 627 West Cochran Street, appeared questioning why he had not received an assessment notice. It was established that Mr. Price lived in a new house purchased from William E. Tart, who would have received the assessment notice. There being none further to be heard on this matter, the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1989-27. 7. Willis Street (from Cochran Avenue (Topeka Street) to NE Corner Lot 1 Plat 45/50 and NW Corner Lot 7 Plat 54/2). The public hearing was opened and there were none to appear for or against this item, and the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1989-28. 8. Brook Street. The public hearing was opened and there were none to appear for or against this item, and the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1989-29. 9. Tolar-Barnes-Barrett Mrs. Dorothy Teague, 116 Spring Street, appeared before Council stating she had originally come to the meeting in opposition to the assessments however, having heard all the comments tonight, she felt fortunate in being able to pay her assessment and was no longer opposed. There being none further to be heard, the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1989-30. PAVING, SANITARY SEWER AND WATER EXTENSION: 1. Twin Acres Drive (from Raeford Road to Dead End). The public hearing was opened and there were none appearing for or against this item, and the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. (PAVING) RESOLUTION NO. R1989-31. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. (SANITARY SEWER AND WATER EXTENSION) RESOLUTION NO. R1989-32. The public hearing was opened and Mr. Clayton Parker, 3217 Guy Street, appeared before Council with a question directed to PWC. Mr. Parker had a paid receipt from the previous owner of the property, and he questioned if that was payment for the assessment. It was established that this was for the hook-on fee and advised to retain this receipt for future use. There being none further to be heard, the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. (PAVING) RESOLUTION NO. R1989-33. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. (SANITARY SEWER AND WATER EXTENSION) RESOLUTION NO. R1989-34. SANITARY SEWER AND WATER EXTENSION: 1. McPherson Church Road. The public hearing was opened and there was none to appear for or against this item and the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1989-35. SANITARY SEWER: 1. McPherson Church Road The public hearing was opened and there being none to be heard for or against this item, the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1989-36. Councilmember Wofford introduced the foregoing resolutions under Item No. 3 and moved their adoption, seconded by Councilmember McBryde, and carried unanimously at 7:57 p.m. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1989. B. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (Pursuant to G.S. 160A-31, as amended) (Weber Property, Extension of Country Club North) This item was presented by Assistant City Manager Stancil, who reported on the services and the recommended effective date of February 28, 1989. The public hearing was opened, and there was none to speak in favor. Clinton Harris, residence 4713 Watauga Road, Coordinator for the Fayetteville/Cumberland County Citizens Association, P.O. Box 1792, stated that this Association is opposed to the annexation because the annexations will dilute the minority voting strength, and there is a district that is landlocked. There being none further to be heard on this matter, the public hearing was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NC, ANNEXATION ORDINANCE NO. 89-2-319 Mayor Pro Tem Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow, carried 6 to 2 with Councilmembers Ross and Torrey voting no and Councilmember Thompson abstaining. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book 89-2-319. 4. Consideration of matters concerning Market House Restoration: A. Design concept recommendations by Historic and Scenic Sites Committee. This item was presented by Chairperson Rosalie Kelly, 127 Dobbin Avenue, giving an update on the findings and decisions with the architect that the Historic and Scenic Sites Committee has agreed on. Mrs. Kelly stated some of the decisions that had been made will be to leave the brick as it is, lower the present ground level and remove the wall, install a handicap ramp, and put two small offices with removable walls upstairs. Councilmember McBryde offered motion to concur with the recommendation of the Historic and Scenic Sites Committee, seconded by Mayor Pro Tem Evans, and carried unanimously. B. Amendment to design contract with Phillips and Opperman. Assistant City Manager Stancil presented this item stating that the contract is not to exceed $15,000.00, which will give Phillips and Opperman an amount to proceed with this project. This amount will be included in the final contract. Councilmember McBryde moved to approve the contract as recommended, seconded by Councilmember Kendrick, carried unanimously. 5. Consideration of the following Purdue Drive/Cheselka Street Connection, Project #B11-369-88. A. Award of contract for construction of Purdue Drive/Cheselka Street Connection, Project #B11-369-88 in the amount of $501,920.65 to McDonald Grading Company, Inc. Bid totals were received as follows: McDonald Grading Company, Inc. $501,920.65 Crow.Il Constructors, Inc. $508,661.63 Barnhill Contracting Company, Inc. $522,721.51 Autry Grading, Inc. $522,820.90 BMCO Construction, Inc, $630,927.99 This item was presented by City Engineer Bennett recommending award to low bidder as shown above. (A copy of the bid tabulation is attached to and made a part of these minutes.) Councilmember McBryde moved to award the contract as recommended, seconded by Councilmember Kendrick and carried unanimously. B. Consideration of changing name of Cheselka Street to Purdue Drive upon completion of project. City Engineer Bennett presented this item and requested that it be referred to the Joint Planning Board. Councilmember McBryde offered motion to refer this item to the Planning Board for consideration of the name change, seconded by Councilmember Kendrick and carried unanimously. 6. Consideration of award of contract for Rowan Street Park improvements, project #08-366-88. City Engineer Bennett presented this item stating that the bids were somewhat over the Parks and Recreation Department budgeted funds for this project. Negotiations have taken place with the low bidder to eliminate certain portions to bring the project within the budget. (Bid tabulations are attached and made a part of these minutes.) Total bids on each section are listed below. Proposal A - General Construction Sigma Construction Company, Inc. $72,801.96 Barnhill Contracting Company $87,780.35 McDonald Grading Company $88,843.00 Proposal B - Landscape Construction Allen and Company Landscape Contractors, Inc. $4,472.25 Greenscape, Inc. $7,232.81 There was some discussion on this matter and Councilmember Thompson stated that he feels the riprap should be left in. Mr. Bennett agreed but stated there is not enough money in the budget. Mayor Pro Tem Evans moved to award to low bidders as recommended, seconded by Councilmember Bolton, and carried 8 to 1 with Councilmember Thompson voting no. 7. Consideration of award of contracts for Southeast Fayetteville Industrial Park Improvements. The City Engineer presented this item, and the bid totals are as follows: C. K. Andrew. Contracting Company, Inc. $ 983,824.05 Yates Construction Company, Inc. $1,042,308.00 Mark H. Johnson, Inc. $1,045,988.05 Metric Constructors, Inc. $1,058,878.50 W.E. Blackman Construction Company, Inc. $1,173,041.15 Dellinger, Inc. $1,259,087.70 Mr. Bennett stated that the low bid is over the budget funds for the project; however, the contract has provisions for reducing or eliminating items of construction as determined by the City. Mayor Pro Tem Evans offered motion to award the contract to the low bidder as recommended, seconded by Councilmember Bolton and carried unanimously. 8. Consideration of side of streets on which to construct bond funded sidewalks. Mayor Pro Tem Evans offered motion to adopt the guidelines as presented by the City Engineer, seconded by Councilmember Bolton, carried unanimously. 9. Consideration of a resolution fixing date of public hearing on question of annexation pursuant to G.S. 160A-31, as amended (Machine Products Property and Bordeaux Property - Carlos Avenue). This item was presented by Assistant City Manager Stancil with a recommendation to adopt the resolution setting the public hearing for March 6, 1989. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31 AS AMENDED. RESOLUTION NO. R1989-37. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick, carried 7 to 2 with Councilmembers Ross and Torrey voting no. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book 1989. 10. Consideration of setting joint meeting with Fayetteville Revitalization Commission. Council agreed on March 7, 1989, at 7:00 p.m., Arts Council Building, for the joint meeting. 11. Appointments: A. Nominations to fill one vacancy on Human Services Commission. There being no further nominations, Councilmember McBryde moved to elect Mr. Clair Hudspeth by acclamation, seconded by Councilmember Kendrick and carried unanimously. B. Nominations to fill one vacancy on Parks and Recreation Advisory Commission. There being no further nominations, Mayor Dawkins called for a vote, and Mr. Robert Don Barber was elected with seven votes. Mr. James Lollis and Mr. Theodore Papadeas each received one vote. C. Nominations to fill one vacancy on Taxicab Review Board. Mayor Pro Tem Evans nominated Mr. D. Paige Tart that had been recommended by the taxi industry. 12. Administrative Reports: A. Statement of taxes collected for the month of January, 1989, from Cumberland County Tax Collector. The January statement was submitted showing tax collections in the amount of $3,374,079.28. At this time, Councilmember Torrey stated that he had received reports over this past weekend that a homeless person had been beaten at the Police Department. Also, that racial slurs have been mentioned and used at the Narcotics Department. Mr. Torrey requested that these be checked into. Councilmember Ross stated that she had heard of families of school students being upset over unkind things having been said about Martin Luthur King in an editorial letter in the newspaper and requested that Human Services might check into this. Councilmember Bolton moved to enter Executive Session for litigation at 8:55 p.m., seconded by Councilmember Kendrick and carried unanimously. Council re-convened into regular session at 9:05 p.m. and there being no further business, the meeting was adjourned. Please Note: To view the chart listing all bids received, please see Book X, Page 64 of the City of Fayetteville Meeting Minutes. INFORMATION MEETING MONDAY, FEBRUARY 27, 1989 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MONDAY, FEBRUARY 27, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans; Milo McBryde; Horace K. Thompson, Jr.; Tommy Bolton; Ida Ross; Joseph L. Pillow; Thelbert Torrey; Milt Wofford; 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 Mayor Dawkins called the meeting to order and the invocation was offered by Councilmember Ida Ross. Councilmember Kendrick offered motion to approve the agenda, seconded by Councilmember Bolton and carried unanimously. The first item was a presentation by the Fayetteville Area Chamber of Commerce Merger Study Committee. Mayor Dawkins recognized Tim Newton, President of the Chamber of Commerce. Mr. Newton indicated that this Committee was appointed approximately ten months ago and had dedicated a great deal of time to this report. He recognized Gene Clayton, Chairman of the Committee, who reviewed the Committee's report. Councilmember Ross questioned the lack of minority representation on the Committee. Council discussed the contents of the report and indicated that they would take the recommendations under consideration. Mayor Dawkins recognized Bud Tisdale, Vice-President of the Chamber of Commerce. Mr. Tisdale stated that the Chamber of Commerce realized that their recommendations needed much study but asked that the Council consider each recommendation seriously. The next item for discussion was the proposed Fair Housing Ordinance and local enabling legislation. City Attorney Bob Cogswell presented his recommendation for further study by City Council. Human Services Director Elmer Floyd indicated that any of the ordinances were acceptable to the Commission. Council asked that this matter be placed on the agenda for the March 6 Council meeting. The next item was a discussion of street name and number problems for emergency services. City Manager John Smith indicated that street naming and house numbering confusion, are causing problems for delivery of emergency services by the City of Fayetteville. Interim Fire Chief Pete Piner and Chief of Police Ron Hansen presented examples of situations in which street name and number confusion delayed Police and Fire in providing timely service in critical situations. Planning Director George Vaughan discussed the problems of the Planning staff in straightening out this issue. Council asked that the City Manager consider the possibility of employing a consultant to review this issue and make recommendations to resolve these problems. The next item was a presentation on zero lot line developments by Al Mitchell of the Planning Board staff. Mr. Mitchell reviewed the results of developments since the establishment of the zero lot line provisions. He also suggested a proposed change for rear buildings on zero lot line developments. City Council indicated that they were in favor of this proposed change and asked that it be placed on an upcoming agenda. The next item was a report on the Hay/Branson Land Use Plan. George Vaughan introduced the plan and recognized Bobby McCormick of the Planning staff to review the plan in detail. City Council questioned some aspects of the plan especially residential land use with P2 zoning on Arsenal Avenue. This plan will be brought back for formal action by Council at a later date. The next item for discussion was a report on the Manufactured Housing Ordinance. Planning Director George Vaughan reviewed the current status of the staff development of this ordinance. Upon motion by Councilmember Kendrick, seconded by Councilmember Bolton, Council voted unanimously to convene into executive session to discuss litigation at 9:45 p.m. At 9:50 p.m. Council reconvened into regular session adjourned. REGULAR MEETING MONDAY, MARCH 6, 1989 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, MARCH 6, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmember Mildred Evans, Mayor Pro Tem (at-large); Milo McBryde (at-large); Horace K. Thompson, Jr., (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Milt Wofford (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, City Attorney Jason Brady, Public Information Officer Jimmy Teal, Assistant to the City Manager Jerome Brown, Transit Director G. Allen Mitchell, Assistant City/County Planning Director Robert Barefoot, Parks and Recreation Director Elmer Floyd, Human Services Director Walter Haire, Building Inspector Members of the Press Mayor Dawkins called the meeting to order and the invocation was offered by Major Robert Malton of the Salvation Army followed by the Mayor leading in the Pledge of Allegiance to the American Flag. City Manager Smith requested that consideration of an ordinance amending Section 32-86 be added to the agenda as Item 18. City Attorney Cogswell requested that property acquisition and claim settlements be added as Item 19. 1. Approval or Agenda: Councilmember Bolton moved to approve the agenda with the addition of Items 18 and 19, 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 Ross requested to pull Item 2 A. and Councilmember Wofford requested to pull Item 2 A. Mayor Pro Tem Evans moved to approve the consent agenda with the exception of Items 2 A. and B. as presented. After a second from Councilmember Wofford, the consent agenda Items 2 C. through N. were unanimously approved: A. Approval of minutes of information Meeting of February 27, 1989 (pulled for discussion). B. Approval or tax refunds (pulled for discussion). C. Set public hearing for April 3, 1989, to consider paving Carlos Avenue from Boone Trail to Redstone Drive. PRELIMINARY ASSESSMENT RESOLUTION. RESOLUTION NO. R1989-38. D. Adoption or Preliminary Resolution and Notice of Intent to close a portion of Norwood Street. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF NORWOOD STREET. RESOLUTION NO. R1989-39. E. Adoption of Resolution authorizing condemnation of Purdue/Cheselka Street Right-of-Way - Parcel W-3. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1989-40. F. Adoption of Resolution authorizing condemnation of Southeast Fayetteville Drainage Right-of-Way - Parcel SEF-4. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1989-41. G. Adoption of Capital project Closeout 89-1 (CAP-87-829). These monies are provided to landlords who agree to rent to low-income families to bring rental units up to HUD standards. All of the $115,000, which was available to the City, has been expended. H. Adoption of Capital Project Ordinance Amendment 89-24. To administratively consolidate the residuals of revenue sharing monies into one capital project ordinance for various parking improvements. I. Approval of extension of Lease Agreement between City of Fayetteville and Abiding Word Fellowship for use of Anderson Street Library Building. J. Approval of the initial zoning to R15 Residential District and C1 Local Business District for an area located southwest of the Cedar Creek Road (NC HWY 53-210) and L.A. Dunham Road. Being all of Annexation No. 88-11-317, Area #12 known as “Clark-Coble Area." (P89-18). K. Approval of the initial zoning to R15 Residential District for an area located east of Cedar Creek Road (NC HWY 53-210) and south of Lock's Creek Road. Being all of Annexation No. 88-11-318, Area #13 known as “Perry Property". (P89-19). L. Set public hearing for April 3, 1989, to consider a revision amendment to the City of Fayetteville Code of Ordinances, Chapter 27, Subdivisions, Article 1, Section 27-3, Item (1) to change the number of copies submitted for a preliminary subdivision and/or site development plan review from eight (8) copies to ten (10) copies. (P89-27). M. Approval of request from Sergeant T. C. McLaurin, Jr., for badge and weapon upon his retirement from the Fayetteville Police Department. N. Consideration of amendment to City Council Minutes of January 9, 1989. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1989. 2A. Approval of minutes of Information Meeting of February 27, 1989. Councilmember Ross requested that the minutes be amended to include her questioning the lack of minority representation on the committee. This will be inserted in the first paragraph, the sixth line after committee's report. Councilmember Wofford moved to approve the Information Meeting Minutes of February 27 with the amendment, seconded by Councilmember Rose and carried unanimously. 2B. Approval of tax refunds. Councilmember Wofford questioned Tax Refund No. 19 to Adib Farag, which shows a penalty refund for late listing due to his being a foreigner and not being aware of the laws. The City Attorney responded that he would check with the County Attorney on this particular item. Councilmember Wofford moved to approve Item 2 B. with the exception of No. 19, seconded by Councilmember Pillow and carried unanimously. 1. Tax refund in the amount of $30.90 to David Abrahamson - Clerical error 2. Tax refund in the amount of $0.67 to Thomas Allen - Vehicle double listed 3. Tax refund in the amount of $8.98 to Carolyn Atkins - Vehicle double listed 4. Tax refund in the amount of $127.76 to Frank Barragan - Clerical error 5. Tax refund in the amount of $16.89 to George Bennett - Vehicle charged with incorrect value 6. Tax refund in the amount of $24.48 to Mary Billings - Clerical error 7. Tax refund in the amount of $11.73 to Lawrence Blackwood - Clerical error 8. Tax refund in the amount of $78.54 to James Bordeaux - Clerical error 9. Tax refund in the amount of $27.73 to Gilmer Bowman - Clerical error 10. Tax refund in the amount of $5.76 to James Bradshaw - Vehicle valued incorrectly 11. Tax refund in the amount of $25.71 to Zola Brisson - Clerical error 12. Tax refund in the amount of $11.11 to B. E. Brooks, Jr. - Clerical error 13. Tax refund in the amount of $130.82 to Kent H. Brown - Illegal tax - military exemption left off 14. Tax refund in the amount of $70.78 to James P. Butler - Clerical error 15. Tax refund in the amount of $206.60 to Charles Conoly - Vehicles Listed in error 16. Tax refund in the amount of $25.40 to James M. Cooper - Clerical error 17. Tax refund in the amount of $33.40 to John N. Davis Heirs - Clerical error 18. Tax refund in the amount of $39.43 to Adell and Billy Evans - Clerical error 19. Deleted 20. Tax refund in the amount of $711.65 to Broadwell Land Co. - Clerical error 21. Tax refund in the amount of $123.11 to Carl Fitchett, III - Clerical error 22. Tax refund in the amount of $136.11 to Margaret J. Fitchett - Clerical error 23. Tax refund in the amount of $60.03 to James L. Foust - Vehicles double listed 24. Tax refund in the amount of $72.24 to Leon Gamble Heirs - Vehicles double listed 25. Tax refund in the amount of $15.24 to Robert W. Giaccone - Clerical error 26. Tax refund in the amount of $54.26 to Harold L. Godwin - Vehicles double listed 27. Tax refund in the amount of $57.59 to EarL G. Grant - Clerical error 28. Tax refund in the amount of $61.20 to Carmella Gugliocciello - Clerical error 29. Tax refund in the amount of $86.24 to James Hancock - Clerical error 30. Tax refund in the amount of $304.88 to Ronald Hickman - Clerical error 31. Tax refund in the amount of $12.46 to Sonya Holbrook - Clerical error 32. Tax refund in the amount of $28.25 to Thomas Izat - Clerical error 33. Tax refund in the amount of 3.32 to Jamieson Lewis - Clerical error 34. Tax refund in the amount of $8.16 to Neill Lindsay, Jr. - Clerical error 35. Tax refund in the amount of $3.82 to Clyde McLean - Vehicle double listed 36. Tax refund in the amount of $5.04 to William Moore - Clerical error 37. Tax refund in the amount of $9.95 to Bayard Parker - Clerical error 38. Tax refund in the amount of $10.73 to CharLes Quann - Clerical error 39. Tax refund in the amount of $28.83 to Dorothy Ray - Vehicle double listed. 40. Tax refund in the amount of $9.76 to Margaret D. Riddle - Vehicle double listed 41. Tax refund in the amount of $21.57 to John M. Rose, III - Clerical error 42. Tax refund in the amount of $36.30 to Suzanne S. Royall - Clerical error 43. Tax refund in the amount of $154.88 to S & G Construction Co., Inc. - Clerical error 44. Tax refund in the amount of $58.96 to Wayne Seaman - Illegal tax - military exemption left off 45. Tax refund in the amount of $86.12 to Mallory Simmons - Vehicle double listed 46. Tax refund in the amount of $32.28 to Gregory Souder - Clerical error 47. Tax refund in the amount of $20.25 to Patricia A. Stanish - Clerical error 48. Tax refund in the amount of $24.23 to Peter B. Stewart - Vehicle double listed 49. Tax refund in the amount of $121.18 to Gene S. Thrower - Clerical error 50. Tax refund in the amount of $44.17 to William K. Tyson - Vehicle double listed 51. Tax refund in the amount of $123.68 to Harold Jordan - Illegal tax - military exemption left off 52. Tax refund in the amount of $8.42 to James O. Walden - Vehicle double listed 53. Tax refund in the amount of $3.28 to Essie B. Gamble - Late listing penalty charged in error 54. Tax refund in the amount of $10.49 to Paul E. Werner - Auto valued incorrectly 55. Tax refund in the amount of $99.86 to Joel M. White - Vehicle double Listed 3. Public Hearings: Mayor Dawkins reviewed the policy for public hearing time limits. A. Consideration or construction or sidewalks on Morganton Road from Churchill Drive to McPherson Church Road. The City Manager gave a brier background before the formal presentation and hearing on this item. The public hearing was opened and those speaking in favor were Harold Newman, 1205 Longleaf Drive; Joel Jenkins, 129 Great Oaks; Amelia Rothrock, property owner on Morganton Road; Harry Rolnick, 2301 West Dale Drive, representing the Beth Israel Synagogue; Steve Statiski, 219 Pond Street, representing the Fayetteville Academy for the school children. Appearing in opposition was Mary Foulk, 2611 Morganton Road, who submitted a petition and asked those present against the sidewalk being placed along the south side of Morganton Road to please stand. There were approximately 30 people. Also appearing in opposition were Hooper Hall, 2812 Millbrook Road, representing his mother who lives on the corner of Baker and Morganton Roads; Mrs. Vera Spencer, 3107 Morganton Road; Mrs. G. W. Smith, 2001 Morganton Road; Charles Pittman, 3300 Morganton Road; and Stacy Haire, 2718 Morganton Road. Neil Yarborough, 110 Ellerslie Drive, appeared in rebuttal speaking for several residents in favor. There were approximately 30 people attending the meeting that stood in favor or the sidewalk. There being none further to be heard on this matter, the public hearing was closed. Following Council discussion, a resident questioned who would be responsible for paying for moving the utilities. City Engineer Bennett responded that the City would be responsible for the moving of the utilities. Following further discussion by Council, Councilmember Thompson offered motion to install sidewalks on the north side of Morganton Road from Churchill Drive to McPherson Church Road, seconded by Mayor Pro Tem Evans and carried 5 to 4 with Councilmembers Ross, Pillow, Kendrick, and Torrey voting no. B. Consideration of changes in provision of fixed route transit services. Transit Director Brown presented this item and provided the ridership by route by month and presented the proposed changes and options, advantages and disadvantages. Changes that are proposed are: (1) To transfer one bus from Route 8 - Massey Hili/Cape Fear Valley Hospital to Route 14 - Cross Creek Mall; (2) To redesign the route that serves Cross Creek Mall to serve Windsor Mall and Cross Pointe Shopping Center. This bus would be redesigned in such a manner so that Bragg Boulevard, Pearl, and Sutton Streets would be used to provide this service. To establish a collegiate pass program to entice college and post high school students to use the transit system; (3) To end the route that serves Highsmith Rainey/Savoy Heights/Cape Fear Valley Hospital at the Cape Fear Valley Hospital. The public hearing was opened and appearing in favor was Clinton Harris representing the Senior Citizen's Roundtable. However, they had concerns for land needs at unsuitable land at bus stops. Jerome Brown responded that they are checking on all bus stops to see the upgrade needs. Appearing against the bus route changes were Dwight Taylor, 205 Sutton Street; Barbara Harold, 426 Pearl Street, representing the majority of pearl Street residents; Cindy Allison, 1527 Fort Bragg Road; Joe McBennett, 204 Sutton Street; and John Martin, 202 Sutton Street. There being none further to be heard on this matter, the public hearing was closed. Following some discussion, Councilmember Bolton offered motion to follow the recommendations for Items 1, 3, and 4, and not use Sutton or Oakridge but to use Olive Road and ask Engineering to cut the radius and do anything necessary on Item 2 to make it safe, seconded by Councilmember Ross. There was some further discussion and Councilmember Kendrick offered a friendly amendment that during the construction only to have the outbound route on Doobin and the inbound on Sutton. Councilmember Bolton accepted the friendly amendment. There was some further discussion and Mayor Pro Tem Evans moved to send Item 2 back to Administration to return in two weeks with recommendations and to leave the route as it is at this time, seconded by Councilmember Ross. Motion carried 5 to 4 with Councilmembers McBryde, Bolton, Kendrick, and Wofford voting against. C. Consideration of an application by Drs. Jay and Kathy Kosterman for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-24, Item (4) to expand a medical clinic in an R6 Residential District for an area located at 116 Country Club Drive. (P89-6) Al Mitchell presented this item and stated that the Planning Board recommends approval with conditions and amendment as follows: 1. That the Public Works Commission approve water and sewer plans. 2. That the City Engineer approve drainage plans. 3. That all state sedimentation and erosion control ordinances be complied with during and upon completion of construction. 4. That unless the City Engineer and/or Department of Transportation approve otherwise, only one curbcut is approved for the proposed Clinic on to Country Club Drive. 5. That the signage for this development be in accordance with the applicable regulations in Chapter 3 of the City Code and that the proper permit(s) be obtained prior to any installation of permanent signs on the site. 6. That a “screen of shrubbery" or at least four (4) feet in width be established and maintained along the entire western and northern property lines which adjoin a residentially zoned district and that this buffer as described be in place prior to final site inspection for occupancy. 7. That the site be developed in accordance with the site plan as submitted and that the proposed fencing as indicated on the site plan be in accordance with Article VI, Section 32-49, Item (4) of the Fayetteville Zoning Ordinance. The amendment is to Condition #4 to require curbcuts, one entrance, and one exit. The public hearing was opened and Kathy Butler Kosterman, 3335 Lake Bend Drive, was recognized in favor. There was none appearing in opposition and the public hearing was closed. Councilmember Thompson moved to approve the special use permit with the conditions and amendment, seconded by Councilmember Ross and carried unanimously. D. Consideration of an Ordinance to extend the corporate limits of the City of Fayetteville, North Carolina (pursuant to G.S. 160A-31, as amended) (Machine Products Property and Bordeaux Property - Carlos Avenue). Assistant City Manager Stancil presented this item stating that a public hearing had been advertised and all services are available to this area that is by petition for annexation. The public hearing was opened and there was none to appear in favor. Appearing in opposition was Clinton Harris, 4713 Watauga Road, Coordinator for the Fayetteville/Cumberland County Citizens Association, P.O. Box 1792, stating that this Association is opposed to the annexation because the annexations will dilute the minority voting strength, and there is a district that is landlocked. There being none further to be heard on this matter, the public hearing was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, (MACHINE PRODUCTS PROPERTY AND BORDEAUX PROPERTY - CARLOS AVENUE). ANNEXATION ORDINANCE NO. 89-3-320. Mayor Pro Tem Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried 7 to 2 with Councilmembers Torrey and Ross voting against. 4. Planning Board Matters: A. Consideration of Amendment to “Zero Lot Line" regulations. Councilmember Wofford offered motion to approve the “Zero Lot Line" regulations, seconded by Councilmember Bolton. Al Mitchell was recognized and stated that this report had been presented to Council at the last Information Meeting with a proposed amendment that Council would have to take action on. Therefore, he is recommending this be referred back to the Planning Board. Councilmember McBryde offered substitute motion to return this item to Planning Board, seconded by Councilmember Kendrick. The original motion and second were withdrawn. Mayor Dawkins called for a vote on the motion to return to staff and it carried unanimously. 5. Consideration or request for local act authorizing Fair Housing Ordinance. This item was presented by the City Attorney stating that Attachment A is an ordinance similar to that in Raleigh which seeks voluntary compliance; Attachment A is a local act that would grant authority to enact an ordinance like that in Raleigh; Attachment C is a proposal of a Human Services Commission as it was originally presented; and Attachment D is a local act authorizing an ordinance as proposed by the Human Services Commission. Following some discussion, Councilmember McBryde offered motion to send to Raleigh Local delegation Attachment A, seconded by Mayor Pro Tem Evans. Following lengthy discussion, Councilmember Torrey offered a substitute motion to adopt Attachment C, seconded by Councilmember Ross. The motion failed 3 to 6 and Mayor Dawkins returned to the original motion which carried 6 to 3 with Councilmembers Torrey, Pillow and Ross voting against. 6. Consideration of award of contract for Cain Road Widening, Project #B12-370-88. The totals of all bids are tabulated below and a complete bid tabulation is attached to and made a part of these minutes: Barnhill Contracting Company, Inc. $ 937,900.90 Autry Grading, Inc. 942,944.50 W. E. Blackmon, Inc. 979,230.25 Crowell Constructors, Inc. 980,904.05 McDonald Grading Company, Inc. 1,009,421.15 Councilmember McBryde moved to award the contract to the low bidder of Barnhill Contracting Company, Inc., in the amount of $937,900.90, seconded by Mayor Pro Tem Evans and carried unanimously. 7. Consideration of Interlocal Agreement between City of Fayetteville and CumberLand County for joint emergency response team for hazardous material incidents. City Manager Smith presented this item stating that it will become a fee basis which will be brought back to Council. Councilmember Wofford questioned the fairness of the fifty-fifty funding. Mayor Pro Tem Evans offered motion to approve the Interlocal Agreement, seconded by Councilmember Bolton and carried 8 to 1 with Councilmember Wofford voting no. 8. Consideration of Amendment to Interlocal Agreement on Tax Collection. This amendment would increase the fees for collection of City taxes from 1 percent to 1-½ percent. Councilmember McBryde offered motion to amend the agreement as recommended, seconded by Councilmember Bolton and carried unanimously. 9. Consideration of Resolution directing the clerk to investigate the sufficiency of a petition for annexation received under G.S. 160A-31, as amended, for the following: A. J. P. Riddle Stadium RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31 (J. P. RIDDLE STADIUM). RESOLUTION No. R1989-42. Councilmember Wofford introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried 5 to 4 with Councilmembers Ross, Pillow, Torrey, and Mayor Pro Tem Evans voting against. B. Country Club Hills RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31 (BROADWELL LAND COMPANY PROPERTY - COUNTRY CLUB HILLS, SECTION 1). RESOLUTION NO. R1989-43. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried 7 to 2 with Councilmembers Torrey and Ross voting against. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book 1989. 10. Consideration of adoption of Demolition Ordinance for property located at 305 Greer Road. This item was presented by Walter Haire, Housing Inspector, stating that there were no complications in this case. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY (305 GREER ROAD). ORDINANCE NO. NS 1989-3. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book 1989-3. 11. Consideration of short-term lease with Vera Bulla Travel Agency. This item was presented by the City Manager stating that the $50.00 per month is the same fee that was being charged for Ms. Gulla's office in the Prince Charles Hotel. Councilmember McBryde moved to approve the short-term lease as recommended, seconded by Councilmember Kendrick and carried unanimously. 12. Consideration of award of contract to park improvements to Clark, Seabrook, Edgewood and Spivey Parks. This item was presented by Robert Barefoot recommending that Council adopt the Capital Project Ordinance Amendment Change No. 89-25 and award the construction contract to Sigma Construction Company, Inc., low bidder in the amount of $369,700.00. The bids received are as follows: Sigma Construction Company, Inc. $369,700 Sigma Construction Company, Inc. $316,008 (negotiated base bid) Dees Construction, Inc. $450,000 Ace Construction Company, Inc. $469,995 Following some discussion Councilmember Ross moved to award the contract to the low bidder as recommended and the adoption of the Capital Project Ordinance Amendment Change No. 89-25, seconded by Councilmember Kendrick and carried unanimously. 13. Report from Streets, Roads and Transportation Committee. Councilmember Kendrick, Chairman of the Streets, Roads and Transportation Committee, stated that no action was needed and there would not be a meeting for the month of March. 14. Consideration of amendment of Section 12-10 of the Fayetteville City Code concerning penalties for fire code violation. Councilmember McBryde moved to adopt the amendment, seconded by Councilmember Bolton. Following some discussion concerning the penalty, the City Attorney requested that Council defer this item for two weeks. The motion and second were withdrawn. 15. Consideration of setting date for joint meeting with Public Works Commission. The City Manager presented this item and suggested March 23. Following some discussion Council agreed unanimously on April 5 at 7:00 p.m. at the Environmental Services Department. 16. Appointments: A. Election to fill one vacancy on the Taxicab Review Board. Councilmember Kendrick moved to elect by acclamation Mr. D. Paige Tart to fill the unexpired term of Johnny Godwin to July 1989, seconded by Councilmember McBryde and carried unanimously. B. Nominations to fill four vacancies on Human Services Commission. The following nominations were made: Leslie Kiewra by Councilmember Ross, Mary Layton by Councilmember Wofford, Mable Smith by Councilmember Torrey, and Colon Oliver by Councilmember Ross. 17. Administrative Reports - None 18. Consideration of an ordinance of the City Council of the City of Fayetteville amending Section 32-86, “Application Review/Generally," of the City of Fayetteville Code of Ordinances. The City Attorney presented this item and requested that it be referred to the Planning Department for review. Councilmember Kendrick offered motion to follow the recommendation, seconded by Councilmember Bolton and carried unanimously. 19. Authorize acquisition of property. The City Attorney requested that Council authorize acquisition of the property owned by the Skyland Apartments Partnership at 1009 Cain Road for the sum of $2,000.00. Councilmember McBryde moved to follow the recommendation, seconded by Councilmember Kendrick and carried unanimously. B. Authorize the claim of Col. and Mrs. Robert Ives. The City Attorney requested that Council authorize the claim of Col. and Mrs. Robert Ives for the sum of $4,530.83 upon condition they convey the property at 717 Italy to the City. Councilmember Ross moved to follow the recommendation, seconded by Councilmember Bolton and carried unanimously. C. Authorize settlement of claims. The City Attorney requested that Council authorize settlement of all pending claims against the City by Gloria R. Davenport by payment of the sum of $17,500.00 in exchange for a clincher agreement in the workers' compensation case, a dismissal of her claim under the North Carolina Handicapped Persons Protection Act, 88 CVS 4643, Cumberland County Superior Court, and withdrawal of her claim before the United States Equal Employment Opportunity Commission, with the approval of the EEOC and a General Release of all claims. Councilmember Thompson moved to approve the recommendation, seconded by Councilmember Bolton and carried unanimously. There being no further business, the meeting was adjourned at 10:45 p.m. Please Note: To view the bid tabulation for the Cain Road widening project, please see Book X, Page 76 of the City of Fayetteville Meeting Minutes. JOINT MEETING WITH REVITALIZATION COMMISSION THE ARTS COUNCIL TUESDAY, MARCH 7, 1989 FAYETTEVILLE CITY COUNCIL JOINT MEETING WITH REVITALIZATION COMMISSION THE ARTS COUNCIL TUESDAY, MARCH 7, 1989 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Milo McBryde: Horace K. Thompson, Jr.; Tommy Bolton; Joseph Pillow; Thelbert Torrey; Milt Wofford; Mark Kendrick Absent: Councilmembers Mildred Evans; Ida Ross Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Richard Herrera, Director, Fayetteville Revitalization Commission Jason Brady, Public Information Officer Members of the Fayetteville Revitalization Commission The meeting was called to order by Suzan Cheek, Chair of the Revitalization Commission. She reviewed the objectives and accomplishments of the Revitalization Commission and the City Council. The group discussed the definition of downtown and the impact of the eventual completion of the CBD Loop on development in the downtown area, Robin Legg and Bobby McCoy of the Olde Fayetteville Association presented an update of the Association's activities. There was emphasis on developing a strong link between downtown and Fayetteville State University. After discussion of these items, the meeting was adjourned at 9:00 p.m. REGULAR MEETING MONDAY, MARCH 20, 1989 REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, MARCH 20, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Horace K. Thompson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Milt Wofford (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, City Attorney Jimmy Teal, Assistant to City Manager Jason Brady, Public Information Officer Robert M. Bennett, City Engineer G. Allen Mitchell, Assistant City/County Planning Director Frank Simpson, Inspections Superintendent Walter Hairs, Housing Inspector Tom Ray, Airport Manager Janes D. Martin, PWC Electrical Services Director John Larson, Phillips & Opperman Dan Fore, Executive Director, Fayetteville Area Economic Development James O. Tisdale, Jr., President, Fayetteville Area Economic Development Ron Wilson, Chairman, Historic Resources Commission Lisa Novick, Historic Resources Planner Members of the Press Mayor Dawkins called the meeting to order and the invocation was offered by Rev. Floyd Benfield, Cedar Falls Baptist Church, followed by the Pledge of Allegiance to the American Flag being led by Scout Troop 704 at Ft. Bragg. RECOGNITION: At this time, Mayor Dawkins spoke of the tragic loss of 11 of our men in a helicopter crash which included the husband of Diane Livingood, Administrative Assistant to the Community Services Director. He stated that we send our prayers and condolences to her and all the families involved. Mayor Dawkins requested to move Item 6 to the end of Item 2 due to the presenters of Item 6 needing to go before the County Commissioners Meeting, also tonight. The City Manager recommended that Council cancel the Information Meeting next week due to lack of agenda items. Councilmember Ross moved to cancel the Information Meeting on March 27, 1989, seconded by Councilmember Bolton and carried unanimously. The City Attorney requested an Executive Session for litigation and the City Manager for a personnel matter. 1. Approval of Agenda: Councilmember McBryde moved to approve the agenda with the change of Item 6 and the addition of the Executive Session at the end of the meeting for litigation and personnel, 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. There being no requests for removal, Councilmember Kendrick made a motion to approve the consent agenda and each item as presented. After a second from Councilmember Torrey, the consent agenda and following items were unanimously approved. A. Set public hearing for April 17, 1989, to consider Hay-Branson Land Use Plan Reevaluation. B. Adoption of Budget Ordinance Amendment 89-25. This change is necessary to account for unanticipated revenues received during the past few weeks, and are listed as follows: (a) Wal-Mart Corporation donated $2,500.00 for Fayetteville Area Economic Development Corporation; (b) Human Services Department received $3,809.00 in donations for the Martin Luther King Program and Brotherhood Week; and (c) Parks and Recreation received $6,485.00 in donations from their recent Valentine banquet. C. Approval of bid award for purchase of approximately 1,200,000 pounds Caustic Soda, for use in water and wastewater treatment to Holtrachem, Inc., low bidder. (PwC) Bids were received as follows: Per CWT Total Bid Holtrachem, Inc. $ 9.105 $109,260.00 Suffolk-Gowen Chemical $ 9.22 $110,640.00 Southchem, Inc. $ 9.46 $113,520.00 Jones Chemicals $10.57 $126,840.00 D. Approval of bid award for one 230 kV Power Transformer to North American Transformer and to ABB Power Transmission, Inc., for one Breaker for third point of delivery. (PWC) Approved bid award in the amount of $1,076,900.00 to North American Transformer for one 230 kV power transformer and to ABB Power Transmission, Inc., in the amount of $133,137.00 for one breaker for third point of delivery. 6. Appearance by Fayetteville Area Economic Development Corporation for presentation of quarterly report. Danny G. Fore, Executive Director of the Economic Development, presented a five-year economic development strategy for Fayetteville. James O. (Bud) Tisdale, Jr., President of Economic Development, gave an update and presented a resolution from the Board of Directors adopted February 22, 1989. They both stated they had received tremendous cooperation from all City and County departments as well as PWC and Planning Department. A copy of the resolution is attached to these minutes. 3. Public Hearings: Mayor Dawkins reviewed the public hearing process concerning speakers and time allotment. A. Consideration of an amendment to the City of Fayetteville Code of Ordinances, Chapter 32, - Zoning, Article III-General Provisions by Creating Section 32.11.1 to Address “No Nonconformity as a Result of Eminent Domain." (P89-7) This item was presented by Al Mitchell stating that the Planning Board recommends approval. The City Attorney requested that the effective date be April 4, 1989, because of the pending condemnations on Cain Road. The public hearing was opened and there was none to appear for or against. The public hearing was closed. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32 “ZONING" CREATING A NEW SECTION 32.11.1 (NO NONCONFORMITY AS A RESULT OF EMINENT DOMAIN). ORDINANCE NO. S1989-2. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption with the effective date of April 4, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1989. 4. PWC Matters: A. Consideration of approval of bid award to Clark Substations, low bidder meeting specifications, for Ireland Drive Substation structures and equipment. This item was presented by James D. Martin, PWC Director of Electric Services stating that they recommended Clark Substations as the lowest responsible bidder in the amount of $115,806.00. Bids received were as follows: *M. D. Henry Company (Pelhan Company, Alabama) $113,762.00 Clark Substations (Helena, Alabama) $115,806.00 HESCO, Inc. (Smithfield, North Carolina) $116,438.00 Rumsey Electric Supply (Richmond, Virginia) $116,986.00 Tatman Associates, Inc. (Cleveland, Ohio) $155,600.00 *Does not meet specifications. Councilmember Bolton moved to award the contract to the lowest responsible bidder of Clark Substations in the amount of $115,806.00, seconded by Councilmember Wofford and carried unanimously. 5. Consideration of amendment to contract between the City of Fayetteville and Phillips & Opperman for design services on the Market House Restoration Project. This item was presented by Assistant City Manager Stancil stating that the best estimates had been presented, and the final contracts will cone back to Council. He stated that we need to amend the design contract which will include development of final bid code documents, supervision of the bid process, and contract administration. Their fee for this phase will be 15 percent of actual construction cost, a standard fee for this type of restoration project. Current construction estimates total $469,350.00. The estimated fee would be $70,403.00. Because Council has previously amended this contract for $15,000.00 for the design development phase, the addition would be $55,040.00. Sufficient funds are available. The Historic and Scenic Sites Committee and staff recommends this amendment. Following some discussion Councilmember Wofford moved to approve the amendment to the contract as recommended, seconded by Councilmember Ross and carried unanimously. At this time Council recognized John Larson, Phillips & Opperman representative, who has done some research on the building. Mr. Larson gave a report that went back 157 years. Being a market is only one half of the building's history. It was also a town hall until the turn of the twentieth century, a chamber of commerce, an arts gallery, a rest area for ladies while men shopped or worked downtown. He further reported that in 1859 the Town Council ordered the Mayor to purchase a sun dial eight years after they ordered the Mayor to purchase a clock. In 1925 a new clock was purchased because the old one could not be fixed. In 1860 a new bell was installed. In 1906 the building was threatened and the Woman's Civic Improvement Society (later becoming Woman's Club) saved it from being torn down. Mr. Larson concluded by stating that this was a very functional building and feels that it will survive. 6. Appearance by Fayetteville Area Economic Development Corporation for presentation of quarterly report. (Heard before Item 3.) 7. Presentation on preservation efforts in Haymount area. This item was presented by Ron Wilson, Chairman of the Historic Resources Commission, and Lisa Novick, Historic Resources Planner. This was a request for financial assistance to save Sweet Tarborough located at 1437 Raeford Road. The present owners, Raymond E. Nickelson, Jr., agreed to donate the house but not the land. The house was built in 1836 and the estimates of rehabilitation ranges from $60,000.00 to $200,000.00. Efforts have been made to sell the house for restoration but these efforts have been unsuccessful. The six month delay in demolition will end April 23, 1989. Following some discussion Councilmember Pillow moved to refer this item to the staff for further study, seconded by Councilmember Kendrick and carried unanimously. 8. Consideration of purchase of property off Doc Bennett Road. This item was presented by Airport Manager Tom Ray stating that Mrs. Clara Bennett has accepted our offer to purchase the vacant lot (0.80 plus/minus acres) off Doc Bennett Road for the appraised price of $3,500.00. Councilmember Bolton moved to approve the purchase as recommended, seconded by Councilmember Ross and carried unanimously. 9. Consideration of Resolution fixing date of public hearing on question of annexation pursuant to G.S. 160A-31 as amended [Broadwell Land Company Property (Country Club Hills-Section 1)]. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31 AS AMENDED (APRIL 3, 1989). RESOLUTION NO. R1989-44. Councilmember Wofford introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton 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 R1989. 10. Consideration of acceptance of deed to vacant lot on the north side of Webb Street. Councilmember Kendrick moved to accept the deed in lieu of lien as recommended, seconded by Councilmember Bolton and carried unanimously. 11. Consideration of amendment to Chapter 22 “Personnel" of the Fayetteville City Code of Ordinances. This item was presented by the City Manager requesting that leave without pay up to five days be permitted by department heads. The City Manager would still approve or disapprove leave of more than five days. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 22, “PERSONNEL" OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE (SECTION 22-42, LEAVE WITHOUT PAY). ORDINANCE NO. S1989-3. Mayor Pro-Tem Evans 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 Ordinance Book S1989. 12. Consideration of amendment of Section 12-10 of the Fayetteville City Code concerning penalties for fire code violation. (Continued from March 8, 1989, meeting.) This item was presented by the City Attorney. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 12-10, “PENALTIES" OF CHAPTER 12, CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1989-4. Councilmember Kendrick moved to adopt the foregoing ordinance, 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 S1989. 13. Consideration of amendment of Chapter 20 “Motor Vehicles" to create two new Sections 20-87 and 20-88. This item was presented by the City Attorney. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES (SECTIONS 20-87 AND 20-88 VIOLATIONS). ORDINANCE NO. S1989-5. Councilmember Kendrick 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 S1989. 14. Consideration of ordinance ordering demolition of property located at 533 E. Russell Street. This item was presented by Walter Haire stating that he had been working with this for some time. Councilmember Torrey questioned if this could be the home of musician Wilson Pickett. Mr. Haire responded that he did not know, nor was this mentioned. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1989-4. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow and carried 8 to 1 with Councilmember Torrey voting no. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1989. 15. Consideration of approval of grant application for Governor's Highway Safety Program. This item was presented by Assistant City Manager Stancil stating that this program is for training in accident investigation and DWI detection. The grant requires no funds from the City. (A copy of the resolution is attached and made a part of these minutes.) Councilmember Ross moved to adopt the resolution, seconded by Councilmember Kendrick and carried unanimously. 16. Consideration of Resolution endorsing action of Transportation Advisory Commission regarding Fayetteville Urban Area Loop Road. This item was presented by the City Manager. RESOLUTION ENDORSING ACTION BY THE TRANSPORTATION ADVISORY COMMITTEE REGARDING FAYETTEVILLE URBAN AREA LOOP ROAD. RESOLUTION NO. R1989-45. Mayor Pro-Tem Evans 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 R1989. 17. Consideration of Resolution endorsing Highway funding package recommended by Highway Study Commission. This item was presented by the City Manager. RESOLUTION ENDORSING THE HIGHWAY FUNDING PACKAGE RECOMMENDED BY THE HIGHWAY STUDY COMMISSION. RESOLUTION NO. R1989-46. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing resolution in on file in the Clerk's office in Resolution Book R1989. 18. Administrative Reports: A. Statement of taxes collected for month of February, 1989, from Cumberland County Tax Collector. This report was presented showing a total collection of $384,373.86. B. Report on experimental transit route. Mr. Smith stated that there will be an experimental route to try Olive Road effective in two weeks and then a public hearing would be set to make the change permanent. No action is required at this time. C. ABC enforcement. Mr. Smith requested Council's blessings to contact the ABC Board for local enforcement authority. D. Discussion of water/sewer projects on streets within the City. Mr. Smith stated that he will work with PWC staff to develop a priority list of water and/or sewer projects within the City where service is not currently available and come back to Council with proposals for ordering installation. 19. Nomination/Election to Human Services Commission. Councilmember Kendrick moved to elect by acclamation, seconded by Councilmember Bolton and carried unanimously the following: Ms. Leslie Kiewra, re-elected for a two-year term; Ms. Mary Layton, re-elected for a two-year term; Ms. Mable Smith, 1606 Deep Creek Road, Fayetteville, North Carolina 28302, elected to a two-year term; and Mr. Colon Oliver, 810 Silk Lane, Fayetteville, North Carolina 28305, was elected to fill the term of Rev. Godbolt to March 1990. At this time Mayor Pro-Tem Evans was recognized stating she feels that any complaints against any of the police officers should be directed to the Chief of Police. She also requested that any personal property damaged during the performance of the police officer's duty be reimbursed. Councilmember Torrey wished to add to Mayor Pro-Tem's remarks that he feels the salaries for the police officers are too low and they should be raised. Councilmember Kendrick offered motion to enter Executive Session for litigation and personnel matter, seconded by Councilmember McBryde and carried unanimously by hand vote at 8:55 p.m. Council reconvened into regular session at 9:40 p.m. and there being no further business, motion was made and seconded to adjourn at 9:40 p.m. RESOLUTION OF THE BOARD OF DIRECTORS WHEREAS, the Fayetteville Area Economic Development Corporation has recently adopted a five year plan of action entitled Up and Coming . . . Together!; and WHEREAS, that plan emphasizes the need for cooperation between the public and private-sectors of the community in order to insure future area growth and prosperity; and, WHEREAS, that plan further emphasizes the need for progressive actions to enhance the quality of our community; and, WHEREAS, the City Council of Fayetteville and the local financial community including: Branch Banking & Trust; first Citizens Bank & Trust; Peoples Bank & Trust Company; Southern National Bank; and United National Bank have recently jointed together to pursue a downtown hotel and governmental project; and, WHEREAS, the financial arrangements have been concluded regarding this project and construction has subsequently been initiated; how therefore, BE IT RESOLVED that the Board of Directors of the Fayetteville Area Economic Development Corporation does hereby commend the City Council of Fayetteville and the participant financial institutions in this aforementioned effort; and furthermore, BE IT RESOLVED that the Board of Directors does encourage all community residents and organizations to join together in support of this effort and future ventures to promote Fayetteville's growth and prosperity. Adopted this 22nd day of February, 1989 JAMES O. TISDALE, JR. President DANNY G. FORE Executive Director ATTACHMENT 1 LOCAL GOVERNMENTAL RESOLUTION (To be completed and attached to form GHSP-D-03, “Application For Highway Safety Project Contract.") WHEREAS, the Fayetteville Police Department herein called the “Applicant" has thoroughly considered the problem addressed in the application entitled Accident Investigation/DWI Detection for Law Enforcement Officers/Instructors and has reviewed the project described in the application; and WHEREAS, under the terms of Public Law 89-564 as amended, the United States of America has authorized the Department of Transportation, through the North Carolina Governor's Highway Safety Program to make federal contracts to assist local governments in the improvement of highway safety. NOW THEREFORE BE IT RESOLVED BY THE City of Fayetteville IN OPEN MEETING ASSEMBLED IN THE CITY OF Fayetteville, NORTH CAROLINA THIS 24TH DAY OF MARCH, 1989, AS FOLLOWS: 1. That the project referenced above is in the best interest of the Applicant and the general public. 2. That R.I. Weathers, Training Supervisor be authorized to file, in behalf of the Applicant an application in the form prescribed by the Governor's Highway Safety Program for federal funding in the amount of 56,709.00 to be made to the Applicant to assist in defraying the cost of the project described in the contract application. 3. That the Applicant has formally appropriated the cash contribution of 0 as required by the project. 4. That the Project Director designated in the application form shall furnish or make arrangements for other appropriate persons to furnish such information, date, documents and reports pertaining to the project, if approved, as may be required by the Governor's Highway Safety Program. 5. That certified copies of this resolution be included as part of the application referenced above. 6. That this resolution shall take effect immediately upon its adoption. DONE AND ORDERED in open meeting by: J.L. Dawkins Councilman Ida Ross offered the foregoing resolution and moved its adoption, which was seconded by Councilman Mark Kendrick and was duly adopted. REGULAR MEETING MONDAY, APRIL 3, 1989 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS MONDAY, APRIL 3, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at large); Milo McBryde (at large); Tommy Bolton (District 1); Ida Rosa (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Milt Wofford (District 5); and Mark Kendrick (District 6) Absent: Horace K. Thompson, Jr., (at large) - excused Others Present: John P. Smith, City Manager John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer David Nash, Annexation Studies Coordinator G. Allen Mitchell, Assistant City/County Planning Director Frank Simpson, Inspection Superintendent Charlotte Yarborough, Cumberland County Clean Community Committee Walter Vick, Chairman Workshop Committee, Cumberland County Clean Community Committee Members of the Press The invocation was offered by Ben Brown, Assistant City Manager, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Youth Council representative, Angela Butler, City Clerk Counterpart, was recognized. Scott Yates was introduced as a replacement for Dan Carney as the press representative for The Fayetteville Observer. The Mayor also recognized Sharon Pulliam, Councilmember Kendrick's fiance; here tonight on her birthday. At this time, Mayor Dawkins stated there had been a request to add Item 12 A. to the agenda, which is two (2) Right-of-Way Acquisitions on Cain Road and 12 B., Request for Legal Representation for Sergeant L. D. McNair, Police Department. Councilmember McBryde moved to excuse Councilmember Thompson from the meeting due to being called out of town on a business emergency, seconded by Councilmember Wofford and carried unanimously. 1. Approval of Agenda: Councilmember Bolton moved to approve the agenda with the addition of Items 12 A. and B., 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. Councilmember McBryde requested to pull Item 2 D. for discussion. Councilmember Kendrick made a motion to approve the consent agenda A. through F. with the exception of D. as presented. After a second from Councilmember Torrey, the consent agenda and following items were unanimously approved: A. Approval of minutes of joint meeting between Fayetteville City Council and Fayetteville Revitalization Commission of March 7, 1989. B. Approval of minutes of regular meeting of February 21, 1989. C. Approval of tax refunds. 1. Tax refund in the amount of $26.78 to Robert L. Alexander - Assessed value too high. 2. Tax refund in the amount of $33.98 to Alice Faye Arrington - Clerical error. 3. Tax refund in the amount of $51.71 to Kevin D. Aven - Illegal tax - military exemption. 4. Tax refund in the amount of $3.22 to Bonnie S. Avila - Vehicle double listed. 5. Tax refund in the amount of $13.38 to Jerry Bard - Billed in wrong tax district - 6. Tax refund in the amount of $102.92 to Morris Benton, Jr. - Illegal tax - military exemption. 7. Tax refund in the amount of $226.18 to Mark Vanderveen - Clerical error. 8. Tax refund in the amount of $144.79 to Reba Blunt - Clerical error. 9. Tax refund in the amount of $111.12 to Gloria Boomer - Clerical error. 10. Tax refund in the amount of $.22 to Edward Thomas Brady - Trailer double listed. 11. Tax refund in the amount of $317.99 to Broadwell Land Company - Clerical error. 12. Tax refund in the amount of $20.98 to Raymond Colantuono - Vehicle double listed. 13. Tax refund in the amount of $30.34 to William L. Coley, Jr. - Clerical error. 14. Tax refund in the amount of $35.10 to Denis Fabian, M.D. - Clerical error. 15. Tax refund in the amount of $328.34 to R. L. Pittman Trust - Clerical error. 16. Tax refund in the amount of $79.51 to Virginia McFayden - Clerical error. 17. Tax refund in the amount of $145.80 to Vernon Fisher - Illegal tax - military exemption. 18. Tax refund in the amount of $300.48 to Timothy Flynn - Clerical error. 19. Tax refund in the amount of $95.98 to Michael E. Foster - Illegal tax - military exemption. 20. Tax refund in the amount of $128.30 to Arthur J. Glass - Illegal tax - military exemption. 21. Tax refund in the amount of $169.84 to Harold Godwin - Clerical error. 22. Tax refund in the amount of $1,622.51 to Hannah B. Grant - Clerical error. 23. Tax refund in the amount of $3.82 to Vivian Hall - Clerical error. 24. Tax refund in the amount of $82.92 to James C. Hancock - Clerical error. 25. Tax refund in the amount of $61.20 to Dorothy W. Burton - Clerical error. 26. Tax refund in the amount of $90.78 to Bertram Walls - Clerical error. 27. Tax refund in the amount of $3.52 to Charlie Wash - Clerical error. 28. Tax refund In the amount of $31.44 to Irene Way - Clerical error. 29. Tax refund in the amount of $150.04 to Robert J. Westberry - Illegal tax - military exemption. 30. Tax refund in the amount of $52.44 to Hazel E. Williams - Vehicle double listed. 31. Tax refund in the amount of $42.36 to Patricia A. Williams - Vehicle double listed. 32. Tax refund in the amount of $83.53 to Willie J. Williams - Illegal tax - military exemption. 33. Tax refund in the amount of $27.49 to June F. Stanley - Clerical error. 34. Tax refund In the amount of $81.91 to Joseph Brocaille - Clerical error. 35. Tax refund in the amount of $4.54 to Ronald Stellfox - Clerical error. 36. Tax refund in the amount of $76.79 to E. Carson Strickland - Clerical error. 37. Tax refund in the amount of $11.12 to William C. Tew - Clerical error. 38. Tax refund in the amount of $119.55 to Robert H. Price - Illegal tax - military exemption. 39. Tax refund in the amount of $13.01 to Neill Ray, Jr. - Clerical error. 40. Tax refund in the amount of $5.66 to Stephen Rochman - Clerical error. 41. Tax refund in the amount of $10.71 to Stephen Rochman - Clerical error. 42. Tax refund in the amount of $2.03 to Judge Roland Roper - Clerical error. 43. Tax refund in the amount of $100.37 to John A. Perkins - Illegal tax - military exemption. 44. Tax refund in the amount of $21.32 to Joseph E. O'Connell - Clerical error. 45. Tax refund in the amount of $47.38 to Doris S. Melvin - Clerical error. 46. Tax refund In the amount of $17.08 to Kathy Ann Major - Clerical error. 47. Tax refund in the amount of $10.30 to Dwight B. Matthews - Clerical error. 48. Tax refund in the amount of $27.85 to Robbie Matthews - Clerical error. 49. Tax refund in the amount of $33.91 to John H. Joyner, Jr. - Clerical error. 50. Tax refund in the amount of $37.88 to Salvatore Larocca - Clerical error. 51. Tax refund in the amount of $37.18 to Bernice Y. Lewis - Clerical error. 52. Tax refund in the amount of $7.35 to Sheldon Jacobson - Clerical error. 53. Tax refund in the amount of $30.17 to Thomas Heaverlo - Illegal tax - military exemption. 54. Tax refund in the amount of $37.43 to Glen McNair - Clerical error. D. Pulled for discussion. E. Set public hearing for May 1, 1989, to consider amendments and revisions to the City of Fayetteville Zoning Ordinance, Chapter 32, Article IV “District Use Regulations," Section 32-22, “R15 Residential District," Item (9) to provide for grounds and facilities for recreational and community center buildings, lakes, parks, and other similar facilities operated by a public body, or leased by a public body for similar activities. (P89-31) F. Set public hearing for May 1, 1989, to consider the initial zoning to PND Planned Neighborhood District for an area located north of Stonington Drive and east of Bromsworth Trail. Being all of Annexation No. 89-2-319, known as “Weber Property-Extension of Country Club North." (P89-39) G. Adoption of resolution setting a public hearing to consider the construction of a sanitary sewer collection system in Gardner Street from Hulon Street to the western boundary of Paradise Park, as shown in Plat Book 29, Page 63. PRELIMINARY RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, INTO GARDNER STREET. RESOLUTION NO. R1989-47. H. Approval of submission of Emergency Shelter Grant Applications to the North Carolina Department of Natural Resources and Community Development. I. Approval of request for release of lien by Dr. G. Wesley Allen in the amount of $325.00 on Lots K-1 and K-2, Newark Street. J. Set public hearing for May 1, 1989, to consider allocation of Community Development Block Grant funding for fiscal year 1989-1990. K. Approval of the following financial matters: 1. Adoption of resolution disposing of surplus property. (Sale of Vac-All Sweeper to City of Lumberton) RESOLUTION AUTHORIZING THE SALE OF SURPLUS PROPERTY TO THE CITY OF LUMBERTON. RESOLUTION NO. R1989-48. 2. Adoption of resolution authorizing the sale of surplus radios. RESOLUTION AUTHORIZING THE SALE OF PERSONNEL PROPERTY. RESOLUTION NO. R1989-49. 3. Award of contract for purchase of Engine/Emissions Analyzer to Allen Test Products in the amount of $26,314.85, as lowest responsible bidder. 4. Adoption of Budget Ordinance Amendment Change 89-26 and Change 89-27. 5. Adoption of Capital Project Ordinance Closeouts 89-4, 89-5, 89-26, 89-27. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1989. 2D. Set public hearing for May 1, 1989, to consider the rezoning from P2 Professional District to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the southwest corner of the Intersection of Pamalee Drive (US 401 Bypass) and Cain Road. (P88-150) Councilmember McBryde stated he had received word from the attorney of the petitioner requesting that an indefinite postponement be granted on this public hearing date. Following some discussion, Councilmember McBryde moved to put off setting the public hearing date indefinitely, seconded by Councilmember Bolton. Following further discussion, the City Attorney requested this be postponed until the next meeting. Councilmember McBryde amended his motion to postpone this item until the next regular meeting. The motion was seconded and carried unanimously 8 to 0. 3. Public Hearings: A. Consideration of a revision amendment to the City of Fayetteville Code of ordinances, Chapter 27, Subdivisions, Article 1, Section 27-3, Item (1) to change the number of copies submitted for a preliminary subdivision and/or site development plan review from eight (8) copies to ten (10) copies. (P89-27) Al Mitchell presented this Item stating that the Planning Board recommends approval. The public hearing was opened. There being none to appear for or against, the public hearing was closed. AN ORDINANCE AMENDING SECTION 27-3, “SUBDIVISIONS," OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1989-6. Councilmember Wofford introduced the foregoing ordinance and moved its adoption with a change from the recommended 8 to 10 copies to include that the number be set by the Planning Board. The motion was 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 S1989. B. Consideration of a resolution to pave Carlos Avenue from Boone Trail to Redwood Drive pursuant to petition. This item was presented by City Engineer Bennett stating that this was a request by petition. The adjoining property owners have been notified and the public hearing has been advertised for this date and time. The public hearing was opened and appearing in favor of the paving was Richard C. Baker, 3333 Carlos Avenue and William Maloney, 3507 Carlos Avenue. There were none to appear in opposition. The public hearing was closed. RESOLUTION DIRECTING THAT THE PROJECT BE UNDERTAKEN. RESOLUTION NO. R1989-50. Councilmember McBryde introduced the foregoing resolution and moved its adoption, 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 Resolution Book R1989. C. Consideration of a resolution to close Norwood Street between Hinsdale Avenue and the CBD Loop, Plat Book 23, Page 7. This item was presented by City Engineer Bennett. The request to close Norwood Street was requested by petition. The property owners have been notified and the public hearing has been advertised for this meeting. The public hearing was opened and appearing in favor was Mr. Gray Bell, 732 Victoria Court. There was none to appear in opposition. Following some discussion, Councilmember McBryde moved to adopt the resolution, seconded by Councilmember Bolton. There was further discussion concerning possible problems with the Fire Department and the Sanitation Department having access to the properties on this private street if this is adopted. Councilmember Kendrick offered a substitute motion to close the public hearing portion and return to the next regular meeting for action, seconded by Councilmember Pillow and carried unanimously 8 to 0. D. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, North Carolina (pursuant to G.S. 160A-31, as amended) (Broadwell Land Company Property - Country Club Hills - Section 1). This item was presented by the City Manager stating that this was by petition and this is the advertised public hearing. The recommended effective date is April 30. The public hearing was opened and speaking in favor was Mr. Dohn Broadwell, 110 Lamb Street, petitioner. There was none to appear in opposition and the public hearing was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, (BROADWELL LAND COMPANY PROPERTY - COUNTRY CLUB HILLS - SECTION 1). ANNEXATION ORDINANCE NO. 89-4-321. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Mayor Pro-Tem Evans and carried 7 to 1 with Councilmember Torrey voting no. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1989. 4. Consideration of request from Cumberland County Clean Community Committee. Charlotte Yarborough appearing for the Committee requested $1,000.00 from the City to help cover expenses generated by a workshop and public forum. Walter Vick, Chairman of the Workshop Committee, was recognized and stated they have plans to set short-term and long-term goals for Cumberland County. Councilmember Bolton moved to approve $1,000.00 provided it is determined by the City staff that none of the $7,500.00 previously appropriated to the Committee is available, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. 5. Consideration of request to amend Section 32-13 of the Fayetteville City Code of Ordinances to allow for flea markets. Mr. Crawford Hart was not present to present his request. Mr. Smith stated that it was recommended by the Inspections Department to deny this request due to many problems that would be involved should flea markets be allowed inside the City. Mayor Pro-Tem Evans moved to deny the request to amend the ordinance, seconded by Councilmember Bolton and carried unanimously 8 to 0. 6. Consideration of a petition requesting City maintenance of Oscar Street (formerly Jefferson Drive) from Blackwell Street to Fairview Street. The City Engineer presented this Item and stated it was by petition. RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PORTION OF OSCAR (FORMERLY JEFFERSON) STREET. RESOLUTION NO. R1989-51. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1989. 7. Consideration of the following annexation matters: A. Consideration of resolution directing the City Clerk to investigate the sufficiency of a petition for annexation received under G.S. 160A-31, as amended. (King's Grant Club Property). RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1989-52. Councilmember Wofford introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried 7 to 1 with Councilmember Torrey voting no. A copy of the foregoing resolution in on file in the Clerk's office in Resolution Book R1989. B. Consideration of resolution fixing date of public hearing on question of annexation pursuant to G.S. 160A-31, as amended (J. P. Riddle Stadium) (Recommended date is April 17, 1989). This item was presented by the City Manager. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED. RESOLUTION NO. R1989-53. Councilmember McBryde moved to adopt the foregoing resolution, seconded by Councilmember Wofford and carried 5 to 3 with Councilmembers Torrey, Ross, and Pillow voting no. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1989. 8. Consideration of revised effective date for Section 32-11.1 of the Fayetteville City Code. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, “ZONING". ORDINANCE NO. S1989-7. 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 S1989. 9. Consideration of amendment to section 32-23 (4.A) and creation of a new definition of country clubs in the Zoning Ordinance. This item was presented by City Attorney Cogswell. There was discussion concerning definition of private clubs and country clubs. Councilmember McBryde moved to refer this item to the Planning Board, seconded by Councilmember Bolton and carried unanimously 8 to 0. 10. Appointments: A. Nominations to fill two vacancies on the Human Services Committee. Councilmember Ross nominated Matterene McLean, 422 Campbell Avenue. 11. Administrative Reports: Mr. Smith reminded Council of the joint meeting with PWC on Wednesday, April 5, at 7:00 p.m. at Environmental Services on Grove Street. He informed Council that UMTA had given approval for the Transit Mall detour during the period that work is being done on Old Street. Bids for that work will be let April 11, 1989. On April 18, the PWC bond and the general obligation bond sales will be held and a bond order will be on Council's next agenda. Having this joint sale should save time and money. 12a. Two right-of-way acquisitions on Cain Road. (1) City Attorney Cogswell recommended Council authorize acquisition of the property owned by Mrs. E. L. Swain for the suz of $19,000.00. Councilmember McBryde moved to follow the recommendation to settle the claim in the amount of $19,000.00, seconded by Councilmember Bolton and carried unanimously 8 to 0. (2) The City Attorney requests Council authorize the purchase of the property of Mrs. Edeltraud Schlegal in the amount of $15,535.00. Councilmember Kendrick moved to follow the request to purchase the property of Mrs. Schlegal at $15,535.00, seconded by Councilmember Ross and carried unanimously 8 to 0. 12b. Request for legal representation for Sergeant L. D. McNair. City Attorney Cogswell stated that in the case of Nicky Keith Collins vs. L. D. McNair, 89-060-CRT-V, Office McNair was acting in the course and scope of his responsibilIties and satisfies the requirements of Section 2-67 of the City Code for representation. Mayor Pro-Tem Evans loved to follow the recommendation as stated by the City Attorney, seconded by Councilmember Ross and carried unanimously 8 to 0. There being no further business, the meeting was adjourned upon motion and second at 8:30 p.m. JOINT MEETING WITH PUBLIC WORKS COMMISSION WEDNESDAY, APRIL 5, 1989 FAYETTEVILLE CITY COUNCIL JOINT MEETING WITH PUBLIC WORKS COMMISSION ENVIRONMENTAL SERVICES CONFERENCE ROOM WEDNESDAY, APRIL 5, 1989 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans, Milo McBryde, Horace K. Thompson, Jr., Tommy Bolton, Ida Ross, Joseph Pillow, Thelbert Torrey, Milt Wofford, and Mark Kendrick Public Works Commission Members Tom McCoy, Bill Owen, Robert Williams, and Lynda Tippert Other Present: John P. Smith, City Manager Robert C. Cogswell, City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Tim Wood, PWC Manager Ray Britt, Finance Director, PWC Members of the Press Mayor Dawkins welcomed everyone to the joint meeting with the Public Works Commission and other administrators. The purpose of the meeting was to discuss a formula for PWC's contribution to the City's budget. The proposed formula would require PWC to contribute 5% of gross revenues from the sale of electricity to residential, commercial, and industrial accounts. Tom McCoy, Public Works Commission Chairperson, presented a capsule of PWC projects and activities for the 1988/1989 fiscal year. Mayor Dawkins then opened the floor to Council and Commission members for comments and questions. All Councilmembers and Commissioners took part in the discussion. Some concerns were voiced by Councilmembers as follows: (1) the $3 million difference between PWCs contribution last year and the estimated amount for 1989/90, (2) governmental accounts' revenues not being included, and (3) binding future City Councils to the 5% contribution rate. Following the discussion, the consensus of the group was favorable towards the proposed formula. Mayor Dawkins expressed his thankfulness for this constructive meeting. Council will be prepared to vote on this formula at the next Council meeting, April 17, 1989. Meeting was adjourned at 7:50 p.m. REGULAR MEETING MONDAY, APRIL 17, 1989 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS MONDAY, APRIL 17, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at large); Milo McBryde (at large); Horace K. Thompson, Jr., (at large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Milt Wofford (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager John B. (Ben) Brown, Jr., Assistant City Manger Administration and Finance Robert C. Cogswell, City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Robert M. Bennett, City Engineer George Vaughan, City/County Planning Board Director G. Allen Mitchell, Assistant City/County Planning Director Bobby McCormick, Planner, City/County Planning Board Tim Wood, PWC Manager Will Robinson, PWC Ronald E. Hansen, Chief of Police Brad Hurley, Chairman, Advisory Parks and Recreation Commission Members of the Press The invocation was offered by Rev. William Farris, New Hope Evangelical Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins thanked the Council for the job they are doing, the City employees, and the citizens for what happened in Fayetteville last week through the Bicentennial Celebration. He has received many favorable remarks and comments from the representatives in Raleigh as well as visitors. He also noted that this was the largest crowd at Pope's Open House ever recorded. The Freedom Park dedication for the veterans at the Cross Creek Mall was also a very moving experience and a big success. Mayor Dawkins also wanted to extend the prayers and sympathy to Roger Stancil, Assistant City Manager for Operations, whose father passed away last Saturday in Rocky Mount, North Carolina. At this time, the City Manager requested to add two items to the agenda that had been omitted: Under Item 4 D. - the policy regarding Public Works Commission's annual contribution to the City's General Fund and 5 C. - consideration of setting a public hearing to consider a rezoning matter. The City Attorney had also requested Item 14 be added, which would be approval of workers' compensation settlement. 1. Approval of Agenda: Mayor Pro-Tem Evans moved to approve the agenda with the additions of 4 D., 5 C., and 14 as requested, seconded by Councilmember Pillow 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 no requests for removal, Councilmember McBryde made a motion to approve the consent agenda and each item as presented. After a second from Councilmember Bolton, the consent agenda and following items were unanimously approved: A. Approval of minutes of regular meeting of March 6, 1989. B. Approval of Budget Ordinance Amendment 89-28. New account for donations of $250.00 from various citizens to be used for the “We Care Bear" Program sponsored by the Police Department. C. Approval of Capital Project Ordinance Closeout CLO-89-7. This closeout pertains to a Governor's Highway Safety Project Grant of $67,682.00. D. Approval of Capital Project Ordinance CAP 89-873 and CAP 89-883. No. 89-873 accounts for and sets up the budget for Federal and State Transit Grants received to accomplish planning projects and activities. No. 89-883 accounts for and sets up the budget for Federal and State Transit Grants received to replace vehicles and to purchase and install bus atop shelters. E. Approval of Capital Project Ordinance Amendment Change No. 89-28 and Change No. 89-29. To account for and set up in appropriate capital budgets the dollar amounts to be funded by the Public Works Commission. The projects and PWC amounts are as follows: Purdue/Cheselka Project $22,172.00 Southeast Fayetteville Industrial Park $44,210.00 F. Approval of adding the paving of Lone Pine Drive to existing contract Number B-19-358-87. The estimated cost for paving this street is $91,443.00. G. Adoption of resolution to acquire right-of-way parcel E-6 for the Purdue Drive/Cheselka Street Connection. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1989. H. Award of contract for purchase of one 43,000 lb. GVW Truck Cab and Chassis to Edmac Truck Sales and Service, Inc., low bidder, in the amount of $27.793.92. (PWC) Bids received were as follows: Edmac Truck Sales and Service, Inc. $27,793.92 Smith International $32,356.60 Lafayette Ford $36,500.00 I. Award of contract for purchase of 35,000 EPR Cable to Mill-Power Supply Company, low bidder, in the amount of $160,422.50. (PWC) Bids were received as follows: Mill-Power Supply Company $160,422.50 Eastern Electric Supply, Inc. $161,315.00 Tennessee Valley Electric $162,225.00 Rigby Electric Company, Inc. $171,150.00 Electric Equipment Company $178,105.20 Power and Telephone Supply Company, Inc. $244,930.00 At this time Mayor Dawkins reminded everyone of the time limit policy on public hearings. 3. Public Hearings: A. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (pursuant to G.S. 160A-31, as amended) (J. P. Riddle Stadium) This item was presented by City Manager Smith stating that this is an advertised public hearing for this date and hour. This area is already being served by PWC; therefore, it would be a reduction of the water bill should it be annexed. The public hearing was opened and speaking in favor was Matt Perry, General Manager for the Fayetteville Generala Baseball Club. Mr. Perry stated that the main reason they wanted to be annexed into the City is to be able to apply for am on-premises beer license and hopefully serve draft beer. He stated that they already have a beer license for off-premises and can only sell by the cans. Mr. Howard Rudner, 2612 Fashion Lane, questioned why the staff is recommending this annexation. He also questioned the financial status of the ball club. Mayor Dawkins explained to Mr. Rudner that the property was donated by Mr. J. P. Riddle, and the Cumberland County owns the property and are the petitioners. Appearing in opposition was Clinton Harris, 4713 Watauga Road, in Cumberland County. He asked who gets the five percent sales tax. Mr. Smith responded that since there is no population on this property, the sales tax distribution would not change. Mr. Harris then remarked that he felt they wanted to be annexed so they can sell more booze. He feels there will be a loss of revenue in the County. He further questioned why the County Commissioners did not hold a public hearing. Mayor Dawkins responded that it is the County that is requesting the annexation of their property and he would need to question the County Commissioners regarding their public hearings. Mr. Perry spoke in rebuttal that this is not being requested to sell more beer, just a different fashion by being draft and not just cans. He further stated they will not allow this to get out of hand because they would have more to lose. Mr. Rudner was recognized again. He questioned if the General's manager has not tried to get the home origin in Detroit to help them out in their financial difficulties and feels Council should postpone this matter because it might result in the City having to take over in case of their failure. The City Manager responded that this is similar to annexing a county school property. The ownership would not change because of an annexation - we would be annexing property, not a business. There was some discussion by Councilmembers concerning the maintenance of this stadium should it be annexed into the City. Mr. Smith responded that the lease does not change with annexation. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (J. P. RIDDLE STADIUM - LEGION ROAD). ANNEXATION ORDINANCE NO. 89-4-322. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Wofford and carried 6 to 3 with Councilmembers Torrey, Ross, and Pillow voting no. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1989. At this time, Mayor Dawkins recognized the Youth Council present. Patrick Fuohey, Youth Week Mayor from Westover High School, appeared representing the Youth Council stating they would be sending a proposal thanking the City Council, City Manager, and the City Attorney for the time they spent with the youth during the week of April 3-7, 1989. This program keeps the youth and adults in touch with each other and it gives the youth a better understanding of City Government and how it works. They requested that the program be continued. B. Consideration of approval of Hay-Branson Land Use Plan Reevaluation. This item was presented by Bobby McCormick, Planner, who summarized the existing land use and zoning map of the study area and pointed out the basic changes from the current plan in comparison to the recommended land use plan. He concluded by stating that the Planning Board recommended the approval of the proposed land use plan with two changes, which would be to eliminate the proposed P2 area on the west side of Myrover Street back to RS residential and that the proposed R10 area on the west side of Woodside Avenue be changed back to R5 residential also. The public hearing was opened and Mr. John Raper, 1610 Twin Oaks Drive, was recognized. He questioned what effect the blue area would have on the P2 zoning. Mr. McCormick responded that this area is already zoned P2. Mr. Marshall Reed, 220 Bradford Avenue, stated that he was not against the overall plan, however, he requested an amendment to the plan as currently proposed by the Joint Planning Board. He requested the designation to the downtown side area of Bradford Avenue be kept residential (R5) so that the trees cannot be taken down for a parking garage or other buildings. Mr. Jim Breswitz, 1808 Lakeshore Drive, questioned if the east side of Bradford Avenue is the area Mr. Reed was referring to and if it was vacant land. The response was in the affirmative. There being none further to be heard, the public hearing was closed. ADOPTION OF LAND USE PLAN RECONSIDERATION. RESOLUTION R1989-55. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption with the change as recommended by the Planning Board and to leave the unoccupied area on Bradford Avenue in a residential Zoning, seconded by Councilmember McBryde and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1989. 4. PWC Matters: A. Consideration of Budget Amendment for Cross Creek Wastewater Treatment Plant Capital Project Fund. PWC Manager Tim Wood presented this item stating they are well within their budget. Fund proceeds remaining at the completion of this project will be used for other sewer system additions. (A copy of the project budget and capital project fund is attached to these minutes.) Councilmember Bolton moved to approve the budget amendment as requested, seconded by Councilmember Kendrick and carried unanimously. B. Consideration of Resolution Authorizing the Issuance and Sale of $31,000,000 General Obligation Public Improvement Bonds of the City of Fayetteville, North Carolina. Assistant City Manager Brown presented this item stating that the Bond Counsel had requested a minor insertion on page 3, No. 2 of the Bond Resolution. No. 2 reads that the bond shall be issued in two series and the request is to insert the following: “(or in one series if deemed appropriate by Bond Council and the City)". The following resolution was discussed and its title was read: RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $31,000,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, CONSISTING OF $25,000,000 SANITARY SEWER BONDS, SERIES 1989, AND $6,000,000 PUBLIC IMPROVEMENT BONDS, SERIES 1989, PURSUANT TO BOND ORDERS HERETOFORE APPROVED AND PROVIDING FOR THE FORM, DETAILS, AND PAYMENT THEREOF. RESOLUTION NO. R1989-56. Councilmember Bolton introduced the foregoing resolution and moved its adoption with the addition on page 3 as requested, seconded by Councilmember McBryde and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1989. C. Consideration of approval of recommended bid award in the amount of $659,354.00 to Network Computing Corporation/Digital Equipment, low evaluated bid, for in-house Computer System. Mr. Wood presented this item and introduced the committee that was formed to determine PWC's needs for this equipment. Mr. Will Robinson, PWC's consultant, then made a presentation and recommended the low evaluated bid. (A copy of the bid amounts is attached and made a part of these minutes.) D. Consideration of adoption of a policy regarding Public Works Commission's annual contribution to the City's General Fund. This item was presented by City Manager Smith stating that he inadvertently omitted it from the agenda. He stated this item is a result of the joint meeting with PWC. Mayor Pro-Tem Evans moved to follow the recommendation, seconded by Councilmember Pillow and carried unanimously. Mr. Wood and PWC staff were excused at this time. 5. Planning Board Matters: A. Consideration of the rezoning from R10 Residential District to C1P Center District or to a more restrictive zoning classification for an area located west of Cambridge Road, north of Raeford Road. (P89-34) Al Mitchell presented this item and stated that the Planning Board recommends approval. Councilmember Wofford moved to follow the recommendation to approve, seconded by Councilmember Thompson and carried unanimously. B. Consideration of amendments to Chapter 32 of the Fayetteville City Code for the Manufactured Home District. George Vaughn presented this item and recommended this be referred to the Planning Board for a public hearing for July 17. Councilmember McBryde moved to refer to the Planning Board for public hearing as recommended, seconded by Councilmember Bolton and carried unanimously. C. Consideration of setting a public hearing to consider the rezoning from P2 professional district to C1P shopping center district or to a more restrictive zoning classification for an area located on the southwest corner of the intersection of Pamalee Drive (U.S. 401 Bypass) and Cain Road. (P88-150) This item was presented by City Attorney Cogswell who stated that this case was originally before the City Council on June 20, 1988, and request was denied to rezone the property from P2 to C3. On July 18, 1988, Council voted to initiate a C1P zoning and refer the matter to the Planning Board for an update study of the area. The suggested public hearing date was not convenient for the attorney for the petitioner and they are requesting a public hearing for July 17. Councilmember Bolton moved to set a public hearing on this matter for July 17, seconded by Councilmember Ross and carried unanimously. 6. Presentation by Lumbee Tribal Recognition Committee. (Appearing: Ray Littleturtle) This item was presented by Mr. Ray Littleturtle requesting Council's support by adopting the same resolution that Cumberland County Commissioners had adopted. Councilmember Ross moved to approve the resolution of support of the Lumbee Indians, seconded by Councilmember Kendrick and carried unanimously. (A copy of this resolution is attached and made a part of these minutes.) 7. Consideration of the following annexation matters: A. Consideration of resolution directing the City Clerk to investigate sufficiency of a petition for annexation received under G.S. 160A-31, as amended (College Lakes Elementary School). RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1989-57. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Mayor Pro-Tem Evans and carried 8 to 1 with Councilmember Torrey voting against. B. Consideration of resolution fixing date of public hearing on question of annexation pursuant to G.S. 160A-31, as amended (King's Grant Club Property). City Manager Smith presented this item and suggested May 1 public hearing date. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31 AS AMENDED. RESOLUTION NO. R1989-58. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried 7 to 2 with Councilmembers Torrey and Ross voting against. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1989. 8. Consideration of a resolution to close Norwood Street between Hinsdale Avenue and the CBD Loop. (Continued from previous meeting) RESOLUTION AND ORDER CLOSING A PORTION OF NORWOOD STREET. RESOLUTION NO. R1989-59. Councilmember McBryde moved to adopt the foregoing resolution, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1989. 9. Consideration of appropriation for financial assistance to preserve Sweet Tarborough, a locally designated historic property. City Manager Smith presented this item stating that they were sympathetic for the cause, however, he could not recommend the appropriation of $75,000.00 of unbudgeted funds. Councilmember Pillow moved to follow Mr. Smith's recommendation to not fund this project, seconded by Councilmember Kendrick and carried 8 to 1 with Councilmember Wofford voting against. 10. Consideration of amendment to Chapter 2-37, “Advisory parks and recreation commission" of the Fayetteville City Code. This is an amendment to make one of the ten-member positions on this Commission a member of the Board of Education. AN ORDINANCE OF THE CITY COUNCIL AMENDING SECTION 2-37, “ADVISORY RECREATION AND PARTS COMMISSION" OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1989-8. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Torrey. Councilmember Pillow offered a friendly amendment to amend the membership from ten to eleven to include this category. The friendly amendment was accepted and the motion carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1989. 11. Consideration of amendment to Governor's Highway Safety Program Grant. This amendment will be to increase the existing grant funds by $6,100.00 and transferring $500.00 from one category to another within the grant to allow purchase of one of the intoxilizers. Councilmember Bolton moved to approve the amendment, seconded by Councilmember Kendrick and carried unanimously. 12. Appointments: A. Nominations/Elections to fill two vacancies on the Fayetteville Human Services Commission. Councilmember Ross nominated Carrie Molveau. 13. Administrative Reports: A. Statement of taxes collected for the month of March, 1989, from the Cumberland County Tax Collector in the amount of $179,134.50 total collections. B. Status report on reconstruction of Old Street. Engineer Bennett gave an update on the Old Street reconstruction. He stated that construction can begin approximately June 1. The City's contractors could hopefully pull off the project for November and December and resume construction in early spring and finish up the project in July 1990. The question was raised by Councilmember Pillow as to the deadline date being past the cutoff date from HUD on the detour. Mr. Smith responded that another route may have to be used at that time. 14. Request Approval Workers' Compensation Settlement: City Attorney Cogswell recommended that in the matter of Eugene T. Adams, that we settle our subrogation lien in that case for a net amount, after all expenses and attorney's fees, of $5,000.00 to the City. That includes clincher agreement. Councilmember Thompson moved to approve as recommended, seconded by Councilmember Bolton and carried unanimously. There being no further business, the meeting was adjourned upon motion and second at 9:20 p.m. Please Note: To view the budget estimate for fiscal years beginning 1988-1989, please see Book X, Page 104 of the City of Fayetteville Meeting Minutes. RESOLUTION - LUMBEE TRIBE WHEREAS, the Lumbee Indians are descendants of the coastal tribe and Siouan speaking people and have continually inhabited their aboriginal territory which is now Robeson County North Carolina; WHEREAS, the first documented contact with Europeans occurred is the early 1500's and the Lumbee Indians have maintained a separate and distinct culture and community since European contact; WHEREAS, at the time of first contact with Europeans the Lumbees held their land in common, and in the early 1700's, Robert, King of the Charaw, and fourteen headmen deeded tribal land to white settlers, and between that time and the organization of the United States under the Constitution of 1789 the Tribe lost all its common Lands. Today, individual tribal members hold fee title to Large acreages of Land in Robeson County; WHEREAS, local communities State of North Carolina statutes, Indian tribes, federal official, the National Congress of American Indians, Congress, and the Department of Interior recognize the Lumbees as Indians; WHEREAS, the Lumbee Tribe has an established enrollment process and membership criteria which is based on direct descendants from the Tribe's base roll developed from the special Indian census of Robeson County, North Carolina (1900-1910), and school and church records. In 1912, a Department of Interior study concluded that the large majority of Lumbee had ¾ or more Indian blood; WHEREAS, the Lumbee Tribe has functioned 55 a cohesive, political organization and exhibits traditional forms of leadership by passing down the leadership role through family trees. Currently, the Lumbee Tribe is governed by the Lumbee Regional Development Association Board (LRDA) which exerts political authority over its members; WHEREAS, the LRDA Board is elected by and composed of Lumbee Indians; WHEREAS, in 1956, the Congress enacted the Lumbee Act 170 Stat. 254, which recognized the Lumbee Indians, but provided no services by the United States, made no federal Indian statutes applicable to the Lumbee, and may by virtue of the federal Indian statute prohibition made the Lumbee ineligible for federal recognition through the administrative process; WHEREAS, the Lumbee Recognition bill contains the 1956 Lumbee Act by making the Lumbee eligible for Bureau of Indian Affairs and Indian Health Service Progress, and corrects and completes the legislative process of recognition that Congress began in 1956; WHEREAS, the Lumbee Recognition bill contains no appropriations to the Lumbee Tribe, and thus does not effect the budgets of presently federally recognized Indian tribes; WHEREAS, the Lumbee Recognition bill provides for no delivery of Bureau Indian Affairs and Indian Health Services until Congress directly appropriates money specifically to pay for those services and such money shall not be administered by the Bureau of Indian Affairs; and WHEREAS, the Lumbee Recognition bill is not a circumvention of the administrative recognition process because the Lumbee Act was enacted in 1956 and the federal administrative process was established in 1978; NOW, THEREFORE, BE IT RESOLVED that the Fayetteville City Council, support federal recognition of the Lumbee Indians through the Lumbee Recognition bill. Adopted unanimously this 17th day of April, 1989. CITY OF FAYETTEVILLE J.L. Dawkins, Mayor ATTEST: Bobbie A. Joyner City Clerk ltp REGULAR MEETING MONDAY, MAY 1, 1989 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, MAY 1, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at large); Milo McBryde (at large); Horace K. Thompson, Jr. (at large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Milt Wofford (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations Robert C. Cogswell, City Attorney Jimmy Teal, Assistant to City Manager Jason Brady, Public Information Officer Robert M. Bennett, City Engineer G. Allen Mitchell, Assistant City/County Planning Director Henry Powers, Water/Sewer Superintendent for Operations, PWC Al McKenzie, Personnel Director Richard Herrera, Community Services Director Brad Hurley, Parks and Recreation Advisory Chairman James Hornaday, Chairman, Cape Fear Teen Center Members of the Press Mayor Dawkins called the first meeting of May to order and welcomed everyone present. The invocation was offered by Rev. Charles S. Weaver, Social Services Department, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Introduction of Miss Fayetteville Dogwood 1990, Julia Kathryn Hunter. Mayor Dawkins recognized Mrs. Catherine Zollers who is the Executive Director of the Cumberland County Scholarship Pageant Association. Also Mr. Ben Minter Ms. Hunter's business manager. Mayor Dawkins then called Miss Julia Kathryn Hunter, the new Miss Fayetteville Dogwood 1990, to come forward and presented her with some long stem red roses. Mayor Dawkins then introduced the new Personnel Director, Al McKenzie, who began with the City today. 1. Approval of Agenda: Councilmember Bolton moved to approve the agenda, 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 no requests for removal, Councilmember Bolton made a motion to approve the consent agenda and each item as presented. After a second from Councilmember Thompson, the consent agenda and following items were unanimously approved: A. Approval of minutes of regular meeting of March 20, 1989. B. Approval of minutes of regular mating of April 3, 1989. C. Approval of minutes of joint meeting with Public Works Commission on April 5, 1989. D. Approval of tax refunds. 1. Tax refund in the amount of $58.25 to Adams Concrete Products - Clerical error. 2. Tax refund in the amount of $3.00 to James F. Ammons, Jr. - Clerical error. 3. Tax refund in the amount of $285.98 to John W. Campbell - Clerical error. 4. Tax refund in the amount of $973.95 to Franklin S. Clark - Double listed property improvement. 5. Tax refund in the amount of $8.19 to Melanie Clayton - Clerical error. 6. Tax refund in the amount of $52.55 to Kimberly Davis - Clerical error. 7. Tax refund in the amount of $63.95 to Marian D. Davis - Illegal tax - military exemption. 8. Tax refund in the amount of $115.28 to Donald L. Earley - Clerical error. 9. Tax refund in the amount of $186.66 to Cyrus P. Earnhardt, Jr. - Clerical error. 10. Tax refund in the amount of $40.80 to S. M. Fleishman Heirs - Clerical error. 11. Tax refund in the amount of $147.44 to Mrs. S. M. Fleishman Heirs - Clerical error. 12. Tax refund in the amount of $938.81 to Charlie Goins - Clerical error. 13. Tax refund in the amount of $56.91 to Robert F. Hardy, III - Illegal tax - military exemption. 14. Tax refund in the amount of $108.48 to Donald E. Henderson - Illegal tax - military exemption. 15. Tax refund in the amount of $3.72 to Joe Knowles, Jr. - Clerical error. 16. Tax refund in the amount of $39.66 to Rosalie Kelly Legg - vehicle double listed. 17. Tax refund in the amount of $90.17 to John M. Mackey - Clerical error. 18. Tax refund in the amount of $42.12 to Michael T. McDuffie - Clerical error. 19. Tax refund in the amount of $16.98 to Janet McLeod - vehicle double listed. 20. Tax refund in the amount of $40.95 to Walter T. Oberry - Clerical error. 21. Tax refund in the amount of $9.41 to Physicians Health Services, Inc. - Clerical error. 22. Tax refund in the amount of $61.46 to Dignor Piner - Clerical error. 23. Tax refund in the amount of $302.10 to Marjorie piner - Clerical error. 24. Tax refund in the amount of $87.83 to Samuel G. Piner - Clerical error. 25. Tax refund in the amount of $399.39 to Thomas Piner - Clerical error. 26. Tax refund in the amount of $16.32 to John H. Pollard - Clerical error. 27. Tax refund in the amount of $51.16 to Michael J. Potter - Illegal tax - military exemption. 28. Tax refund in the amount of $61.46 to Sarah P. Price - Clerical error. 29. Tax refund in the amount of $47.33 to Mark Ringrose - Clerical error. 30. Tax refund in the amount of $97.73 to Peter Shanks - Illegal tax - military exemption. 31. Tax refund in the amount of $145.66 to Mrs. J. H. Sherman Heirs - Clerical error. 32. Tax refund in the amount of $125.76 to Eugene Sikes - Clerical error. 33. Tax refund in the amount of $109.05 to Paul Sobczak - Clerical error. 34. Tax refund in the amount of $11.52 to Harold J. Sturdivant - Clerical error. 35. Tax refund in the amount of $96.51 to Doris S. Taylor - Clerical error. 36. Tax refund in the amount of $92.09 to Peggy P. Thurman - Clerical error. 37. Tax refund in the amount of $17.18 to Vern Woodward - Illegal tax - military exemption. E. Award of contract for Bond Funded Railroad Crossings to low bidder, Red Hawk Rubber Company in the amount of $36,015.00 and acceptance of the linear foot price of $171.50 for subsequent purchase not to exceed $77,175.00 and subject to appropriation. The bids received were as follows: Red Hawk Rubber Company $113,190.00 Hi-Rail Corporation $136,500.00 F. Award of contract for Old Street Project, Contract #B13-371-88, to low bidder Barnhill Contracting Company, in the following amounts: Award general construction contract to Barnhill Contracting Company in the amount of $895,832.60; award the landscaping to Dogwood Acres in the amount of $10,410.00; and that the City Manager be authorized to fund this construction from State Street Aid, Bond Drainage, General Revenue, and PWC fund transfers as he deems appropriate and in the best interest of the City. Bid tabulations are attached to and made a part of these minutes. G. Set public hearing for June 5, 1989, to consider closing Water Street from Person Street southwardly 131 feet (June 5, 1989). PRIMARILY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF WATER STREET. RESOLUTION NO. R1989-60. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1989. H. Set public hearing for June 5, 1989, to consider closing Jefferson Street from Clinton Road to Fairview Street. PRIMARILY RESOLUTION AND NOTICE OF INTENT TO CLOSE JEFFERSON STREET. RESOLUTION NO. R1989-61. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1989. I. Adoption of Capital Ordinance Amendment Changes 89-30 and 89-31. Change 89-30 is to account for $5,414.00 to be received from Federal Drug Forfeiture Funds to be used for law enforcement activities. Change 89-31 is to account for a $12,700.00 increase in the DWI/Speed/Seatbelt and Public Awareness Program; $6,100.00 from the Governor's Highway Safety Program, and $6,600.00 to be transferred from our Federal Drug Forfeiture Funds to be used to purchase two Infared Breath Testing Units for the Police Department. 3. Public Hearings: Mayor Dawkins reviewed the policy on the time limit for public hearing speakers. A. Consideration of amendments and revisions to the City of Fayetteville Zoning Ordinance, Chapter 32, Article IV “District Use Regulations," Section 32-22, “R15 Residential District," Item (9) to provide for grounds and facilities for recreational and community center buildings, lakes, parks and other similar facilities operated by a public body, or leased by a public body for similar activities. (89-31) Al Mitchell presented this item stating that the Planning Board recommended one amendment to the proposed amendment by adding the words “or to" after the words “or leased by". This will cover such situations as the Teen Center. The public hearing was opened and there was none to speak in favor or against this item. The public hearing was closed. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 32-22(9), “R-15 RESIDENTIAL" OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1989-9. Councilmember Wofford introduced the foregoing ordinance and moved its adoption with the recommended addition, seconded by Councilmember Ross and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1989. B. Consideration of the initial zoning to PND Planned Neighborhood District for an area located north of Stonington Drive and east of Bromsworth Trail. Being all of Annexation No. 89-2-319, known as “Weber Property-Extension of Country Club North". (P89-39) This item was presented by Al Mitchell stating that the Planning Board staff recommends denial of PND and approval of R10 because of the property being less than 50 acres. The public hearing was opened and speaking in favor of the initial zoning to PND was Mr. Charles Weber, petitioner. Mrs. Vivian Sloggy, 522 Hilliard Drive, President of Country Club North Community Association, presented a petition with the signatures of 110 of the 122 homeowners in favor of the R10 zoning. Mr. John Smith, 754 Magellan Drive, representing the Hillingdale North subdivision presented a petition with 191 signatures representing 99 percent of the residents, also in favor of the R10 zoning. There was none to appear in opposition and the public hearing was closed. Councilmember Bolton offered motion to follow the recommendation and deny the PND and approve the R10 zoning, seconded by Mayor Pro-Tem Evans and carried unanimously. C. Consideration of a Resolution to construct a sanitary sewer collection system in Gardner Street from Hulon Street to the western boundary of Paradise Park, as shown in Plat Book 29, Page 64. City Engineer Bennett presented this item stating that a public hearing has been set for this date and time. All property owners abutting this street have been notified of the public hearing and staff is recommending adoption of the resolution. PWC staff, Henry Powers, gave an overview of the services for that area stating that lots 1, 2, and 3 on the south side of Gardner Street have service now. Lots 4, 5, 6, and 7 on the south side of Gardner Street will have to be served from the back side and over to Moody Street creating a great expense. This means that PWC will pay roughly $20,000.00 of the cost, and the residents that benefit will only pay approximately $5,600.00. The public hearing was opened and recognized in favor of this item was George Lott, Rowland Street resident, property owner on Gardner Street, spoke for himself and Billy Cain, also a property owner. There was none to appear in opposition and the public hearing was closed. FINAL RESOLUTION ORDERING AN EXTENSION OF THE SANITARY COLLECTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, INTO GARDNER STREET. RESOLUTION NO. R1989-62. Councilmember McBryde 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 R1989. D. Consideration of allocation of Community Development Block Grant for fiscal year 1989-1990. This item was presented by Richard Herrera, Director of Community Services, stating that the Community Development Advisory Commission has had three public hearings and numerous newspaper ads for suggestions for funding. This is the final public hearing before submitting the application to the Department of Housing and Urban Development. Mr. Herrera displayed slides and gave a thorough presentation, which included the following Community Development Block Grant Funding recommendations for fiscal year 1989 and 1990. Housing Rehabilitation - Savoy Heights $300,000.00 Housing Rehabilitation - Senior Citizens 250,000.00 Housing Rehabilitation - Eleanor Avenue 106,000.00 (To accompany a $60,250.00 grant awarded by the North Carolina Housing Finance Agency to the Cumberland Redevelopment Commission for an energy conservation program prior to annexation.) Downtown Loan Program 100,000.00 Administration 189,000.00 945,000.00 The public hearing was opened. Bob McCoy, representing the Olde Fayetteville Association appeared in favor, especially on the Downtown Loan Program (particularly on the Hay Street Commons). Mr. McCoy stated they need to get the buildings ready for tenants in order to entice businesses there because when he shows prospective tenants the buildings in their present condition, they lose interest. Councilmembers questioned if this included Person Street also. Mr. McCoy responded that at one time the plan did include Person Street, but they are now concentrating on the Hay Street Commons. There being none further to speak on this matter the public hearing was closed. Following some discussion, Councilmember Kendrick suggested switching the figures for Savoy Heights and the Senior Citizens in order to benefit City-wide residents instead of concentrating on one specific area. Therefore, he moved to approve the CD Block Grant Funding but change the Savoy Heights Housing Rehabilitation from $300,000.00 to $250,000.00 and the Senior Citizens Housing Rehabilitation from $250,000.00 to $300,000.00 and to include Person Street to Liberty Point in the Downtown Loan Program. The motion was seconded by Councilmember Thompson to allow discussion. Mr. Herrera advised Council that there was $135,000.00 left in the Senior Citizens City-wide program. Following discussion, Mayor Pro-Tem Evans offered substitute motion to follow the recommendation of the Community Development Commission and include Person Street to Liberty Point lots facing Person Street in the Downtown Loan Program. Motion was seconded by Councilmember Ross. Following some further discussion, Mayor Dawkins called for the vote on the substitute motion and it failed 5 to 4 with Councilmembers McBryde, Bolton, Kendrick, Torrey, and Thompson voting against. The Mayor then called for a vote on the main motion made by Councilmember Kendrick. The motion carried 7 to 2 with Mayor Pro-Tem Evans and Councilmember Ross voting no. 4. Appearance by Chairman of Parks and Recreation Advisory Commission regarding recommendation for parks bond referendum. Parks and Recreation Advisory Commission Chairman Brad Hurley was recognized. He introduced in the audience Steve O'Conner, Chairman of Friends of Parks, Paul Hendricks, President of the Fayetteville Sierra Club, and four (4) members of the Parks and Recreation Advisory Commission, Ann Nimmocks, J. D. Marshall, Don Barber, and Joe Hinsdale. Mr. Hurley stated that the Commission feels that the voters are ready for a Parks and Recreation bond issue and requests that it go before the voters by the spring of 1990. This is needed in order to implement the Parks and Recreation Master Plan and proceed with parks development for the City of Fayetteville. Councilmember Thompson moved to endorse and support the concept of the Parks and Recreation in the spring of 1990 to include those items yet to be determined through the public participatory process, seconded by Councilmember Ross and carried unanimously. 5. Consideration of adoption of resolution urging the North Carolina Wildlife Resources Commission to retain ownership of the Lake Rim Property. RESOLUTION URGING THE NORTH CAROLINA WILDLIFE RESOURCES COMMISSION TO RETAIN OWNERSHIP OF THE LAKE RIM PROPERTY. RESOLUTION NO. R1989-63. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1989. 6. Consideration of final approval of plans for Cape Fear Teen Center. This item was presented by Mr. John Hornaday, Chairman, Cape Fear Teen Center. He presented drawings of the final plans for the Teen Center. There are approximately 225 parking places, and the building itself is approximately 12,000 square feet at a cost of approximately $680,000.00. In the future, there are plans for additions to this building. Councilmember Kendrick moved to approve the plans as submitted, seconded by Councilmember Ross and carried unanimously. 7. Consideration of adoption of resolution fixing date of public hearing on question of annexation pursuant to G.S. 160A-31, as amended (King's Grant Club Property). (Recommended date is May 15, 1989) This item was presented by Assistant City Manager Stancil stating that an error was made by the newspaper in the previous setting of a public hearing. Therefore, a date is recommended to re-set the public hearing for May 15, 1989. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED, RESOLUTION NO. R1989-64. Councilmember McBryde moved the adoption of the foregoing resolution, seconded by Councilmember Bolton 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 Resolution Book R1989. 8. Consideration of readoption of Resolution of Consideration for Annexation. Mr. Stancil presented this item stating that a resolution identifying an area remains in effect for only two years. Therefore, an area needs to be readopted periodically by resolution. The general location of the area southeast of the City will expire on May 4, 1989, unless the area is readopted by resolution. By readopting the area, the City will maintain flexibility in initiating annexations in this area. RESOLUTION IDENTIFYING AREAS UNDER CONSIDERATION FOR ANNEXATION. RESOLUTION NO. R1989-65. Mayor Pro-Tem Evans moved to adopt the foregoing resolution, seconded by Councilmember Bolton and 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 Resolution Book R1989. 9. Consideration of Audit Contract for Fiscal Year 89-90. This item was presented by the City Manager stating that this will extend the contract for the third year. Councilmember Thompson moved to extend the audit contract with Peat Marwick Main and Company as recommended, seconded by Mayor Pro-Tem Evans and carried unanimously. 10. Appointments: A. Nominations/Election to fill two vacancies on the Human Services Commission. Nominations made at the previous meeting to fill two terms to March 1990 are as follows: Ms. Matterene McLean, 422 Campbell Avenue, and Mrs. Carrie Malveau, 756 Chadwick Road. The nominations were closed. Mayor Pro-Tem Evans moved to elect the foregoing nominations by acclamation, seconded by Councilmember Pillow and carried unanimously. B. Nominations to fill one vacancy on Historic Resources Commission. Councilmember Thompson nominated F. Royal Lloyd, a local builder, 1800 Lakeshore Drive. C. Nominations to fill one vacancy on the Parks and Recreation Advisory Commission. Councilmember Pillow nominated Mr. Jimmy Harvey, 3348 Jura Drive, to fill the unexpired term of Rev. John T. Johnson to October 1989. D. Nominations to fill one vacancy on Board of Appeals on Dwellings and Buildings. There were no nominations to fill the vacancy of Mrs. Jane Cherry whose term expires May 31, 1989. 11. Administrative Reports: A. Report on Budget for FY 89-90. Mr. Smith stated that Annual Service Plans are available for Council and defined what the Service Plans are. He stated that they are in the process of getting the proposed budget ready for Council by the end of May. Mr. Smith also reviewed the budget requests of the various funds and the general fund budget requests. There being no further business, the meeting was adjourned at 9:25 p.m. Please Note: To view the bid tabulation for the Old Street Project, please see Book X, Page 64 of the City of Fayetteville Meeting Minutes. REGULAR MEETING MONDAY, MAY 15, 1989 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, MAY 15, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at large); Milo McBryde (at large); Horace K. Thompson, Jr. (at large); Tommy Holton (District 1); Ida Rosa (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4): Milt Wofford (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Robert M. Bennett, City engineer G. Allen Mitchell, Assistant City/County Planning Director Tim Wood, PWC Manager Walter J. Haire, Jr., Housing Inspector Ralph Hamilton, Assistant Airport Manager Robert Barefoot, Parks and Recreation Director Members of the Press The meeting was called to order by Mayor Dawkins and the invocation was offered by Chaplain Lenefsky, Fort Bragg, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins presented to Michael Etowski and Carl Boney Award of Honor Certificates for their actions in helping to avert what could have been a very serious accident on Raeford Road involving 38 fellow students aboard the St. Patrick's Educational Center School bus on April 25, 1989. Mayor Dawkins presented to Tommy Koonce the certificate of the Youth of the Month and the $50.00 savings bond from the Kiwanis Club. Mayor Dawkins stated that the City of Raleigh had scheduled to present a resolution of appreciation to the City of Fayetteville by Raleigh City Councilmember Anne Franklin for Fayetteville's assistance in the recent tornado damage cleanup, but she has not arrived at this time. Mayor Dawkins then offered congratulations to the Town of Dunn and the Town of New Bern for their All America City status. Of the cities nationwide, there were two from North Carolina. At this time, the City Manager requested to add to the consent agenda item 2 F., 1 through 7, concerning setting public hearings for adoption of resolutions confirming costs for paving of streets in College Lakes. Mr. Smith also requested on it, 2 J. the public hearing be set for June 5 instead of June 19. Mr. Smith also requested an Executive Session for litigation and property acquisition at the proper ties. Councilmember Wofford also requested to add it. 12 D. for discussion of Revitalization Commission terms. 1. Approval of Agenda Councilmember McBryde moved to approve the agenda with the requested changes, seconded by Councilmember Bolton 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 Wofford requested to pull item C. for discussion, and Councilmember Ross requested to pull item H. for discussion. Mayor Pro-Tem Evans ends a motion to approve the consent agenda A. through R. as presented with the exception of C. and H., adding item F., 1 through 7, and on item J. to change the date from June 19 to June 5. After a second from councilmember Bolton, the consent agenda and following items were unanimously approved: A. Approval of minutes of regular meeting of April 17, 1989. B. Award of contract of construction of 69 KV Transmission Line form FTI Substation to water works Substation to E & R, Inc., low bidder in the amount of $294,338.37. (PWC) Bids were received as follows: E & R, Inc. (Kinston, North Carolina) $294,338.37 Vanderpool (Kingsport, Tennessee) $439,546.62 Stackhouse (Goldsboro, North Carolina) $494,230.17 C. (Pulled for discussion.) D. Award of contract for purchase of Aerial Lift Mechanism to Owsley & Son, Inc., low bidder in the amount of $28,700.00. (PWC) Bids were received as follows: Owsley & Son, Inc. $28,700.00 Utilities Services, Inc. $32,016.00 Baker Equipment Company $40,733.00 E. Award of contract for upgrade and expansion of Cross Creek Wastewater Treatment Plant to Martin K. Eby Construction Company, low bidder in the amount of $34,495,000.00. (PWC) Bids were received as follows: Martin K. Eby Construction Company $34,495,000.00 (Witchita, Kansas) Pizzagalli Construction Company $34,808,333.00 (Burlington, Vermont) Lee Construction Company $37,036,466.00 (Charlotte, North Carolina) Metric Constructors $37,490,000.00 (Charlotte, North Carolina) Republic Contractors $38,651,000.00 F. Adoption of Resolution Confirming Cost and adoption of Resolution Fixing Date of Public Hearing for paving of the following streets in the College Lakes: 1. Arbor Road from Stacy Weaver Drive southwardly to Dead End. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF ARBOR ROAD (FROM STACY WEAVER DRIVE SOUTHWARDLY TO DEAD END). RESOLUTION NO. R1989-66. 2. Concord Drive from Arbor Road to Southland Drive. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF CONCORD DRIVE (FROM ARBOR ROAD TO SOUTHLAND DRIVE). RESOLUTION NO. R1989-67. 3. Southland Drive from Arbor Road to Stacy Weaver Drive. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF SOUTHLAND DRIVE (FROM ARBOR ROAD TO STACY WEAVER DRIVE). RESOLUTION NO. R1989-68. 4. Cooper Road from Stacy Weaver Drive to Southland Drive. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF COOPER ROAD (FROM STACY WEAVER DRIVE TO SOUTHLAND DRIVE). RESOLUTION NO. R1989-69. 5. Hampton Road from Stacy Weaver Drive to Southland Drive. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF HAMPTON ROAD (FROM STACY WEAVER DRIVE TO SOUTHLAND DRIVE). RESOLUTION NO. R1989-70. 6. Kenwood Drive from Arbor Road to Hampton Road. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF KENWOOD DRIVE (FROM ARBOR ROAD TO HAMPTON ROAD). RESOLUTION NO. R1989-71. 7. Chesapeake Road from western margin of College Lakes Section 10 to McArthur Road. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF CHESAPEAKE ROAD (FROM WESTERN MARGIN OF COLLEGE LAKES SECTION 10 TO MCARTHUR ROAD). RESOLUTION NO. S1989-72. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1989. G. Approval of request from Cross Creek Mall for fireworks demonstration on July 4, 1989. (Approval contingent upon meeting conditions of Fayetteville Fire Chief.) H. (Pulled for discussion.) I. Set public hearing for June 5, 1989, to consider an application by Sol C. Rose for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances form Chapter 32, Article IV, Section 32-23, Item (4a) to operate a private country club and golf course in a PND Planned Neighborhood District for an area located south of Andrews Road (SR 1611), west of Coronation Drive. (P89-59) J. Set public hearing for June 5, 1989, to consider amendments and revisions to the City of Fayetteville zoning Ordinance, Chapter 32, Article XIII, Special Historic District Provisions, Section 32-86, Application Review-Generally, Item (4) to provide that the Planning Director or his designee shall approve, approve conditionally or deny an application for minor work or applications for certificates of appropriateness for outdoor advertising signs within ten (10) working days of submittal to the Inspections Department. (P89-44) K. Approval of the rezoning from R5 Residential District to P2 Professional District or to a more restrictive zoning classification than presently zoned for an area located at 207 and 209 Bradford Avenue. (P88-123) L. Approval of the initial zoning to R6 Residential District for an area located southeast of the Carlos Avenue and Yasmin Avenue Intersection. Being all of Annexation No. 89-3-20, known as Machine Products Property and Bordeaux Property. (P89-46) M. Adoption of Budget Ordinance Amendment Change 89-29. This is to administratively transfer salary and wage funds from the Other Appropriations Account into the various departments accounts. Additionally, to transfer $19,000.00 from the Other Appropriation Account to the Finance Department to cover tax collection fee charged by Cumberland County for fiscal year 1988-89. N. Adoption of Capital Project Ordinance 89-882. To set up two new airport improvement projects, which will include land acquisition, equipment purchase, rehabilitation of runway 4/22, and rehabilitation of the service road. These projects are funded by Federal and State Grants with a City of five percent (or $40,397.00). O. Adoption of Capital Project Ordinance Amendment Change 89-32, Change 89-33, and Change 89-34. To account for the recent $6,000,000.00 bond sale proceeds and to distribute funds to the appropriate accounts. P. Set public hearing for June 19, 1989, to consider amendment to Section 27-10(i) of the Fayetteville City Code. Q. Approval of request for release of lot clearing lien to P & S Enterprises. R. Approval of change to Records Retention Disposition Schedule (Police). (A copy of the change is attached to and made a part of these minutes.) 2C. Award of contract for purchase of one 43,000 pound GVW Truck and Chassis to Smith international Truck Center in the amount of $32,356.60. (PWC) Councilmember Wofford stated that he had noticed that Ed Mac Truck had requested to be excused from the contract due to an error in cost and wondered if they had been made aware that they would be forfeiting their bid bond. PWC Manager Wood explained that they were contacted and made aware of this. Councilmember Wofford moved to approve item 2 C. as recommended, seconded by Councilmember McBryde and carried unanimously. At this time, Mayor Dawkins called on Anne Franklin, City Councilmember from Raleigh, who had just arrived. Ms. Franklin read a Resolution of Appreciation to Fayetteville for sending equipment and personnel to assist following the November 28, 1988, tornado. 2H. Set public hearing for June 5, 1989, to consider amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32, Article III-General Provisions, Section 32-5, “Definitions" to add subsection 5.2, definition of “Country Club" and Article IV-District Use Regulations, Section 32-23 “R10 Residential District" Item 4(a) to provide for grounds and facilities for private country clubs, golf courses and lakes operated on a profit or nonprofit basis and other private clubs operated on a nonprofit basis upon and after obtaining a Special Use Permit. (P89-56) Councilmember Ross questioned if this was the normal procedure for them to go through for special Use Permits. Al Mitchell responded that this is an amendment to the ordinance to allow the profit motive as well as nonprofit. Ms. Ross questioned if this included the (racially) segregated ones. Mr. Mitchell responded in the negative. Councilmember McBryde moved to set the public hearing for June 5 as recommended, seconded by Councilmember Thompson and carried unanimously. At this time, Councilmember Thompson requested to abstain from item 4 A. and (b) as a direct conflict of financial involvement with these matters. Councilmember Wofford moved to grant Mr. Thompson's request to abstain from Item 4 A. and (b), seconded by Councilmember Kendrick and carried 8 to 0. 3. Public Hearings: Mayor Dawkins then reviewed the policy on public hearing time limits. A. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, North Carolina, (pursuant to G.S. 160A-31, as amended) (King's Grant Club Property). Assistant City Manager Stancil presented this item stating that a portion of the property has been annexed, and the petitioner is requesting the remainder to be annexed. Mr. Stancil requested a correction be made to the report that was submitted showing a zero population. This should show a population of three. He then reviewed the report. This is the advertised public hearing. The public hearing was opened and Mr. Sol Rose, petitioner, appeared in favor. Appearing in opposition was Clinton Harris, Coordinator for the Fayetteville/Cumberland County Citizens Association, P.O. Box 1792. He stated they are against this annexation because they believe it will dilute the minority voting strength, one district would be increased when there is a landlocked district, and the projected cost of the properties would not be in the best interest of the minorities because of the economy of the City. Also that this area contains a private country club and golf course and because another country club in the City has refused admission of a black family into membership, they are requesting that the by-laws of that organization or person requesting a Special Use Permit contain the words that there will be no discrimination based on race, creed, color, or national origin. At this time, Mayor Dawkins requested that Mr. Harris present a list of membership of his organization since he is speaking for the Fayetteville/Cumberland County Citizens Association. Mr. Harris responded that he would give a list of the Board Members but not the membership. (A copy of the list of board members is attached to these minutes.) There being none further to be heard on this matter, the public hearing was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (KING'S GRANT CLUB PROPERTY). ANNEXATION ORDINANCE NO. 89-5-323. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried 7 to 2 with Councilmembers Torrey and Ross voting against. A copy of the foregoing annexation ordinance is on file in the Clerk's office in Ordinance Book 1989. At this time, Councilmember Wofford requested that someone check into Mr. Harris's allegations of discrimination at the country club. 4. Planning Board Matters: A. Consideration of the rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 3508 and 3510 Ramsey Street. (P89-29) Councilmember Bolton stated that this item was not set for a public hearing due to some type of mistake: however, he feels that both sides of this matter should be heard and made a motion to set a public hearing for June 5, seconded by Councilmember Kendrick and carried 8 to 0 with Councilmember Thompson abstaining. B. Consideration of the rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at the northwest intersection of Ramsey Street (US4O) and Glenola Drive. (P89-45) (Public hearing set for June 5 as above.) 5. PWC Matters: A. Consideration of adoption of ordinance amending the PWC Employees Retirement Plan. This item was presented by PWC Manager Tim Wood who stated that this ordinance is to provide for employee contribution. AN ORDINANCE AMENDING THE AMENDED AND RESTATED EMPLOYEES RETIREMENT PLAN OF THE PUBLIC WORKS COMMISSION OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. NS1989-5. 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 1989. 6. Consideration of purchase of property near Fayetteville Regional Airport. This item was presented by Assistant Airport Manager Ralph Hamilton. He stated that this piece of property is part of the grant-eligible property that is coming forth and has FAA approval. Upon grant approval, the City's share should be no more than $4,500.00, coming from the Airport operating revenue. Councilmember Bolton moved to approve the purchase of the property as recommended, seconded by Councilmember Pillow and carried unanimously. 7. Consideration of disposal of surplus land. 1. Adoption of Resolution of Exchange of Interest in jointly owned City and Country property. City Engineer Bennett presented this item and stated that the City and County has acquired several pieces of property in the Milan Road area through foreclosure for taxes and city assessments for utilities and paving. The following procedure is recommended for disposal procedure of 11 parcels comprised of 24 plotted lots: The Cumberland County Board of Education Superintendent has requested interest in Lot 10, Block “A". It is recommended that the City and County exchange deeds with County to convey County's interest in Lots 1, 2, 4, and 18, Block “C", in the amount of $987.22. Block 10 is $880.61. The City would deed to the County the City's interest in Lot 10 and pay to the County the difference of $106.61. The City would then sell Lots 1, 2, 3, 4, 17, and 18, Block “C", as a single parcel. The City Attorney stated that this does not have to be advertised. RESOLUTION AUTHORIZING THE EXCHANGE OF CITY OF FAYETTEVILLE AND COUNTY OF CUMBERLAND JOINTLY OWNED PROPERTY. RESOLUTION NO. R1989-73. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously. 2. Adoption of Resolution authorizing sale with minimum bid for several lots in the East Acres Subdivision Area. Mr. Bennett stated that this is Lot 1 of Block “B" in the subdivision known as East Acres, and a minimum acceptable bid of $3,500.00 is recommended. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE AND COUNTY OF CUMBERLAND JOINTLY OWNED PROPERTY. RESOLUTION NO. R1989-74. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. The next resolution is for the industrial lots, 2 through 9, Block “B", to be sold as a single tract of land and be advertised for a minimum acceptable bid of $8,350.00. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE AND COUNTY OF CUMBERLAND JOINTLY OWNED PROPERTY. RESOLUTION NO. R1989-75. Councilmember Wofford introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously. Mr. Bennett stated that the next resolution was for Block “A", Lots 4, 5, and 6, in the industrial zone. They are appraised for $5,950.00, and he recommends minimum bid. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE AND COUNTY OF CUMBERLAND JOINTLY OWNED PROPERTY. RESOLUTION NO. R1989-76. Councilmember Wofford introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously. The next resolution is for Lot 5, Block “D", in the residential zoned area, with an appraised value of $4,300.00. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE AND COUNTY OF CUMBERLAND JOINTLY OWNED PROPERTY. RESOLUTION NO. R1989-77. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously. The next resolution is for Lot 7, Block “A", in the industrial zone, with an appraised value of $3,300.00. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1989-78. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Thompson and carried unanimously. Lot 8 in Block “A" in the East Acres subdivision is estimated at $2,950.00. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE AND COUNTY OF CUMBERLAND JOINTLY OWNED PROPERTY. RESOLUTION NO. R1989-79. Councilmember Wofford introduced the foregoing resolution and moved its adoption, seconded by Councilmember Pillow and carried unanimously. Mr. Bennett stated that the next resolution is for Lot 11, Block “C", in the Industrial area and is appraised at $3,494.00. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1989-80. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. The next resolution is for Lot 32 of Block “N" and is appraised at $3,400.00. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1989-81. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1989. 8. Consideration of a resolution to transfer streets from N.C. DOT to City maintenance. RESOLUTION AUTHORIZING THE ACCEPTANCE OF STREETS. RESOLUTION NO. S1989-82. Councilmember Wofford introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1989. 9. Consideration of exchange of property between City of Fayetteville and Fayetteville State University. Councilmember Wofford moved to authorize the City Manager to continue negotiations as recommended, seconded by Councilmember Torrey and carried unanimously. 10. Consideration of resolution directing the City Clerk to investigate the sufficiency of a petition for annexation received under G.S. 160A-31, as amended. (Stickle Property - 719 Southview Circle). This item was presented by Assistant City Manager Stancil recommending adoption of the resolution. RESOLUTION DIRECTING ThE CITY CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31 (STICKLE PROPERTY - 719 SOUTHVIEW CIRCLE). RESOLUTION No. R1989-83. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Mayor Pro-Tem Evans and carried 7 to 2 with Councilmembers Ross and Torrey voting against. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1989. 11. Consideration of adoption of demolition ordinances for the following properties. A. 431 Rankin Street - This item was presented by Building Inspector Walter Haire. He stated that the owner of the property is Van McPherson, but the resident, Mrs. Nancy Boyd, is present with a request to remain as a tenant. Mr. Haire stated that he could contact the Housing Authority for possible housing for her and has already contacted a mover who has offered to move Mrs. Boyd at the mover's expense. Council agreed to recognize Mrs. Boyd who requested to remain at her current residence because she has only a few years left to live and is not well. Appearing with Mrs. Boyd was Dick Grosclaude stating that he has been with Mrs. Boyd for 12 years and feels she would not survive a move to a new location. Following some discussion, the City Attorney suggested that this be turned over to the staff to be brought back in 30 days. Councilmember Wofford offered motion to bring this item back in 30 days, seconded by Councilmember Thompson and carried 8 to 1 with Councilmember Kendrick voting against. B. 204, 206, 208, and 210 Deep Creek Road - Walter Haire stated that this property is owned by Sol RoBe, but the houses are controlled by Mr. James McNeill. The reason that he had not moved the houses is due to the weather. Mr. Haire suggested an extension. Following some discussion, Councilmember Bolton moved to bring this item back in 30 day, seconded by Councilmember Kendrick and carried unanimously. At this time, Councilmember Ross questioned what happened to the house on Russell Street (Pickett property). Mr. Haire responded that the City Attorney's office has found some addresses on the heirs, and this will be returned to Council on June 5. 12. Appointments: A. Nominations to fill two vacancies on the Fayetteville Historic Resources Commission. Councilmember Thompson moved to elect by acclamation, F. Royal Loyd, Jr., 1800 Lakeshore Drive, Fayetteville, NC 28305, to fill the term of C. John Malzone, realtor category, to October 19, 1990, seconded by Councilmember McBryde and carried unanimously. Councilmember Torrey nominated Mr. William J. Watson, Jr., for the at-large category to fill the term of Mr. Frank K. Barragan. B. Nominations to fill one vacancy on Board of Appeals on Dwellings and Buildings. Councilmember Kendrick nominated Ms. Jane Cherry for re-election. C. Nomination/Election to fill one vacancy on Parks and Recreation Advisory Commission. Councilmember Pillow moved to elect Jimmy Harvey, 3348 Jura Drive, Fayetteville to fill the unexpired term of Rev. John T. Johnson through October 1989, seconded by Councilmember Thompson and carried unanimously. D. Discussion of Revitalization Commission terms. Councilmember Wofford stated that several key people will be rotating off of the Revitalization Commission. Following lengthy discussion, it was agreed that this should he referred to the Policy Committee. 13. Administrative Reports: A. Statement of taxes collected for the month of April, 1989, from the Cumberland County Tax Collector for total collections of $89,587.67 was presented. B. Report on construction of horse shelter for Mounted Patrol. Mr. Smith stated that since funds are available and the need is pressing, we would like to proceed with the immediate construction and not wait for next year's budget. The location for this stable would he behind the City's Central Supply Warehouse on Lamon Street. Council had no objections. At this time, councilmember Kendrick requested a correction be made to the Streets and Roads Committee Minutes of April 25, 1989. They should show that Councilmember Bolton was absent instead of Councilmember Pillow, who was present. * Councilmember Thompson requested to schedule a Buildings, Property, and Grounds Committee Meeting for May 31 at 7:00 p.m. at the Kyle House. At this time, Councilmembers Ross and Thompson stated they would be out of town during the next Council meeting and requested excused absences. The Mayor stated that this action would be taken at the next meeting. Councilmember Kendrick moved to enter Executive Session for litigation and property matters, seconded by councilmember McBryde and carried unanimously at 8:50 p.m. Council reconvened into regular session at 9:06 p m. and recognized the City Attorney. Mr. Cogswell requested that Council authorize the Mayor to execute the agreement with Village Drive Properties, Inc. so that work can begin on the Purdue/Cheslka Streets interconnector. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Pillow and carried unanimously. There being no further business, the meeting was adjourned at 9:10 p.m. The following is a list of board members of the Fayetteville/Cumberland County Citizens Association, P.O. Box 1792, Fayetteville, N.C., as supplied by Clinton Harris, Coordinator: Ted Kinney, President Louis Smith, vice-President Ted Lindsey, Secretary James Florence, Treasurer Item Title or Description Destruction Authorized After 19. Personal identification records, Reference value ends fingerprints, and photographs 20. Planning and Research 5 years *21. Radio, Telephone, and other 1 year dispatch records (paper or machine readable tape) 22. Requisitions 3 years 23. Statistical data 3 years 24. Stolen motor vehicles, records of Case disposed of 25. Taxicab Inspection and licensing 1 year 26. Traffic citations All audits plus (department copies) 3 years 27. Traffic citation and parking All audits plus ticket sign-out sheets, record of 3 years 28. Traffic citation and parking All audits plus ticket, record of dates turned in 3 years by police officer 29. Vehicle mileage and cost data for Disposal plus police vehicles 1 year 30. Wanted persons (if not included 5 years in item 13), lists or other records of 31. Warrant register 5 years 32. Wrecker records 1 year *Shown as amended April 21, 1989 INFORMATION MEETING MONDAY, MAY 22, 1989 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MONDAY, MAY 22, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans; Milo McBryde; Horace K. Thompson, Jr.; Tommy Bolton; Ida Ross; Joseph Pillow; Thelbert Torrey; Milt Wofford; and Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations Robert C. Cogswell, Jr., City Attorney John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Mayor Dawkins called the meeting to order. The invocation was offered by City Manager John Smith, followed by the Mayor's leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins first expressed his appreciation to the Parks and Recreation Department and others involved in producing Pops in the Park May 21. This was a presentation by the Fayetteville Symphony in Rowan Park. Council first heard a presentation on the results of a citizen's survey by Webster University students George Albertine and Dan Sansiveri. These students were introduced by City Manager John Smith. Mr. Sansiveri reviewed the methodology of the survey, and Mr. Albertine reviewed the results. He stated that the City of Fayetteville looked extremely good from the perspective of its citizens in the provision of services by the Fire, Police, Parks and Recreation, and Environmental Services Departments. City Manager John Smith then presented a summary of the 1989-90 recommended budget. Council next discussed City Council terms of office. City Attorney Bob Cogswell discussed the process for changing the current system. Councilmember Torrey indicated that he was in favor of four-year, nonstaggered terms. Councilmember Evans endorsed the current two-year term system. Councilmember Wofford suggested the election of at-large representatives in one election with district representatives elected in the next election and the consideration of multi-member districts. Councilmember Kendrick stated that citizens are often confused because there are so many overlapping election districts in Cumberland County. Councilmember Thompson suggested that the staff study the possibility of other methods and terms, methods of election, and terms of City Council members. The Council encouraged that the study not be delayed. Upon motion by Councilmember Kendrick, seconded by Councilmember Ross, Council voted unanimously to adjourn at 9:25 p.m. REGULAR MEETING MONDAY, JUNE 5, 1989 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, JUNE 5, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, at-large; Milo McBryde, at-large; Tommy Bolton, District l; Joseph Pillow, District 3; Thelbert Torrey, District 4: Milt Wofford, District 5: and Mark Kendrick, District 6 Absent: Horace K. Thompson, at-large, and Ida Ross, District 2 Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Relations Officer Bob Bennett, City Engineer Al Mitchell, Assistant City/County Planning Director Ray Britt, PWC Director of Finance Services Tom Ray, Airport Manager Walter Haire, Housing Inspector Frank Simpson, Inspections Superintendent Louis Chalmers, City Traffic Engineer Members of the Press Mayor Dawkins welcomed everyone to the first meeting in June. He then offered the invocation and led in the Pledge of Allegiance to the American Flag. At this time, Mayor Dawkins stated that it has been discovered that notices have not been sent to the area residents concerning the public hearings on Items 3 D. and E., Rezoning of Property on Ramsey Street. He then recognized Al Mitchell, Planning Department staff, who stated that due to the failure of the letters going out by the Planning Department, the public hearings needed to be rescheduled and suggested June 19. Mayor Pro-Tem Evans moved to set a public hearing for Items 3 D. and E. At this time, the City Attorney stated that it was discovered late today that on Item H. there was some abutting property owner; therefore, he requests that Item H. be included in resetting the public hearing. Mayor Pro-Tem Evans added Item H. to her motion, seconded by Councilmember Bolton and carried unanimously 7 to 0. At this time, Mayor Dawkins reminded everyone of Councilmembers Ross and Thompson having an excused absence. 1. Approval of Agenda. Mayor Dawkins stated that the City Attorney had items to be added to the agenda, one being 14 B., Amendment to Tax Refund Procedure, and 14 C., Requests for Representation. Councilmember McBryde moved to approve the agenda with the additions and changes, seconded by Councilmember Kendrick and carried unanimously 7 to 0. At this time, City Attorney Cogswell reminded Council that due to only seven members being present at tonight's meeting, any ordinance introduced for the first time will take six votes to pass. If it does not fail, then it will constitute a second reading. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Torrey requested to pull item 2 H. for discussion. Councilmember McBryde made a motion to approve the consent agenda and each item as presented with the exception of Item 2 H. After a second from Councilmember Kendrick, the consent agenda and following items were unanimously approved 7 to 0. A. Approval of minutes of regular meeting of May 1, 1989. B. Approval of minutes of May 22, 1989. C. Approval of tax refund.. 1. Tax refund in the amount of $82.01 to Andrew D. Baker - Illegal tax - military exempt. 2. Tax refund in the amount of $52.01 to Bobby G. Bass - Clerical error (travel trailer charged as RV). 3. Tax refund in the amount of $79.72 to Peter A. Bohler - Clerical error (incorrectly appraised property). 4. Tax refund in the amount of $43.71 to Robert T. Braswell - Auto double listed. 5. Tax refund in the amount of $720.78 to GLI Realty Company - Clerical error (charged with incorrect amount of land area). 6. Tax refund in the amount of $7.57 to Edith Tyler Kocinski - Clerical error (auto valued incorrectly per bill of sale). 7. Tax refund in the amount of $62.42 to Mrs. Nellie S. Lucas - Clerical error (failed to receive elderly exemption). 8. Tax refund in the amount of $43.45 to Mrs. Pauline H. Lyon - Clerical error (corrected story count). 9. Tax refund in the amount of $115.57 to John M. May - Clerical error (corrected EAG and applied functional). 10. Tax refund in the amount of $86.49 to R. B. Minges - Clerical error (land adjustment per physical condition). 11. Tax refund in the amount of $55.75 to Sanderson C. Prescott - Clerical error (Spi Arch Cod. failed to be applied). 12. Tax refund in the amount of $120.57 to Peter W. Shanks - Clerical error (RAG corrected and functional added). 13. Tax refund in the amount of $87.32 to James B. Stafford - Illegal tax - military exempt. 14. Tax refund in the amount of $47.27 to Robert Kent Webb and Chooesang Lohavichan - Clerical error (charged with paving in error). 15. Tax refund in the amount of $117.81 to J. F. Wigboldy - Illegal tax - military exempt. 16. Tax refund in the amount of $61.20 to Clara S. and Lisa Williams - Clerical error (disability exemption left off). 17. Tax refund in the amount of $48.14 to James W. Wingfield - Clerical error (did not own 1983 travel trailer). D. Adoption of Capital Project Ordinance Amendment Changes 89-35 and 89-36. Ordinance Amendment Change 89-35 - to allocate $50,000 to the Bond Project Administrative Budget to cover bond sale expenses. Ordinance Amendment Change 89-36 - to administratively correct bond revenues and appropriations of bond proceeds from recent bond sale. E. Adoption of Capital Project Ordinances 89-842, 89-844, and 89-847. Ordinance 89-842 (Police) - to account for Governor's Highway Safety Grant. Ordinance 89-844 (Co-unity Development) - to account for Round Four (4) Emergency Shelter Grant Program funds. Ordinance 89-847 (Police) - to account for monies received through a grant from North Carolina Department of Crime Control and Public Safety. F. Adoption of Budget Ordinance Amendment 89-30. Increases the General Fund Budget by $32,700.00, which represents the County's share for HAZMAT. Transfers HAZMAT funds from Other Appropriations Account to the Fire Department Account. G. Adoption of Project Ordinance Closeouts 89-8, 89-9, and 89-10. Ordinance 89-8 closes out one portion Downtown Pedestrian Linkage Project. Ordinance 89-9 closes out project to construct BB&T/Franklin Street parking lot. Ordinance 89-10 closes out the Street Names Signs Project. H. (Pulled from agenda for discussion.) I. Adoption of Resolution to acquire street rights-of-way: 1. Chase Street - Parcel 5-6 A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1989-84. 2. Chase Street - Parcel N-3 A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1989-85. J. Approval of request from J. P. Riddle Stadium for an explosives exhibition. (Approval contingent upon meeting conditions of Fayetteville Fire Chief.) K. Adoption of Resolution authorizing Third Year of Governor's Highway Safety Grant. (Police) LOCAL GOVERNMENTAL RESOLUTION NO. R1989-86. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1989. L. Adoption of amendment to Section 28-130 of the Fayetteville City Code regarding Taxicab Review Board. AN ORDINANCE AMENDING SECTION 28-130 OF THE FAYETTEVILLE CITY CODE. (TAXICAB) ORDINANCE NO. S1989-10. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book S1989. M. Adoption of revisions to Traffic Schedules, Chapter 20 of the Fayetteville City Code, Article IX. 1. Schedule 6 - Stop Intersections (from Stonington Drive to Thamesford Drive). AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1989-6. 2. Schedule 8 - Speed Control (Murchison Road school zone) AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1989-7. 3. Schedule 14 - Yield Right-of-Way (Elbe Street - Oxford Street) AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1989-8. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinances Book NS1989. N. Set public hearing on 1989-90 Budget for June 19, 1989. 2.H. Adoption of Resolution setting public hearing for July 3, 1989, to consider a preliminary resolution to close streets in the Washington Square Subdivision (Plat Book 12, Page 66) area: 1. Drum Circle from Seabrook to Seabrook Road 2. Seabrook Road from Hastie Loop to a point which is located 47.5 feet southwardly from the centerline of the existing pavement of Langdon Street. 3. Hastie Loop from Seabrook Road to Seabrook Road. Councilmember Torrey questioned why we would want to close a road into Fayetteville State University, and it was his belief this was state property. Councilmember Pillow responded that this was a request of Fayetteville State University to close the street so they could do internally what they wanted with that road area. This is not state property; the road portions belong to the City. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE DRUM CIRCLE. RESOLUTION NO. R1989-87. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE SEABROOK ROAD. RESOLUTION NO. R1989-88. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE HASTIE LOOP. RESOLUTION NO. R1989-89. Councilmember Torrey introduced the foregoing resolutions and moved their adoption, seconded by Councilmember Kendrick and carried unanimously 7 to 0 by voice vote. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1989. Mayor Dawkins read the policy on the public hearing time limit, and City Attorney Cogswell reviewed the 30-day discount policy for early payment. This includes anyone who has paid in full already. 3. Public Hearings: A. Consideration of adoption of resolutions declaring costs for paving of the following streets in College Lakes: Mayor Dawkins opened the public hearing. 1. Arbor Road from Stacy Weaver Drive southwardly to Dead End There was none to be heard for or against. 2. Concord Drive from Arbor Road to Southland Drive There was none to be heard for or against. 3. Southland Drive from Arbor Road to Stacy Weaver Drive Mr. Bob Harmon, 5076 Chesapeake Road, was recognized stating that he does not feel they benefit from the road behind their property that abuts Southland Drive since the lot cannot be divided and there is no access from Southland Drive to the rear of their lots. Mr. Harmon stated that there are four other lots in the same situation on that street. There was none further to be heard on this item. 4. Cooper Road from Stacy Weaver Drive to southland Drive There was none to be heard for or against. 5. Hampton Road from Stacy Weaver Drive to Southland Drive There was none to be heard for or against. 6. Kenwood Drive from Arbor Road to Hampton Road There was none to be heard for or against. 7. Chesapeake Road (from western margin of College Lakes, Sec. 10 to McArthur Road) There was none to be heard for or against. The public hearing on the foregoing items was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (ARBOR ROAD). RESOLUTION NO. R1989-90. Councilmember Wofford introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried unanimously 7 to 0 at 7:44 P.M. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (CONCORD DRIVE). RESOLUTION NO. R1989-91. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Wofford and carried unanimously 7 to 0 at 7:44 p.m. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (COOPER ROAD). RESOLUTION NO. R1989-92. Councilmember Wofford introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously 7 to 0 at 7:45 p.m. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (HAMPTON ROAD). RESOLUTION NO. R1989-93. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Torrey and carried unanimously 7 to 0 at 7:45 p.m. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (KENWOOD DRIVE). RESOLUTION NO. R1989-94. Councilmember Wofford introduced the foregoing resolution and moved its adoption, seconded by Councilmember Pillow and carried unanimously 7 to 0 at 7:46 p.m. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (CHESAPEAKE ROAD). RESOLUTION NO. R1989-95. Councilmember Pillow introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried unanimously 7 to 0 at 7:46 p.m. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1989. Councilmember Bolton stated that the residents facing Chesapeake with rear yards on Southland Drive are planning to get appraisals on their property also and since the public hearing was closed on this item, Councilmember Bolton offered motion to continue the public hearing to July 17 on Item 3 A.3., Southland Drive, seconded by Mayor Pro-Tem Evans and carried unanimously 7 to 0 by voice vote. 3.B. Consideration of adoption of a Resolution to close Jefferson Street from Sapona Road (formerly Old Clinton Road) to Fairview Street. This item was presented by City Engineer Bennett who stated that the resolution setting the public hearing stated that the City of Fayetteville reserves am all-purpose, underground and overhead utility easement over the entire area of Jefferson Street. It has been determined that none of the utility agencies has any utilities in the street or plans to have any. It does have a major drainage ditch through the street, and they are asking Council to change the wording to read “that the City of Fayetteville reserves a 30-foot-wide drainage easement within the existing right-of-way of Jefferson Street with the exact location to be determined by the City". Mr. Bennett declared that this is the advertised public hearing and all the property owners have been notified. The public hearing was opened and Mr. Jim Cooper, 3412 Melba Street, representing Temple Baptist Church located adjacent to the street requested to be closed was recognized. They are in favor of this street closing and wanted to make Council aware of a dangerous open ditch that they have actually seen children swimming in. There was none to speak against. There being none further to be heard, the public hearing was closed. RESOLUTION AND ORDER CLOSING A PORTION OF JEFFERSON STREET. RESOLUTION NO. R1989-96. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried unanimously 7 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. C. Consideration of adoption of a Resolution to close Water Street from Person Street southwardly 120 feet to the portion of Water Street previously closed by Deed Book 2731, Page 118, Cumberland County Registry. This item was presented by City Engineer Bennett who stated they see no problem enclosing this street nor any public need for this street and are recommending adoption of the resolution. He declared that this is the advertised public hearing and all property owners have been notified. The public hearing was opened and there was none to speak in favor or against this item and the public hearing was closed. RESOLUTION AND ORDER CLOSING A PORTION OF WATER STREET. RESOLUTION NO. R1989-97. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 7 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. D. Consideration of the rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 3508 and 3510 Ramsey Street. (P89-20) (Readvertised for June 19, 1989, Public Hearing) E. Consideration of the rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at the northwest intersection of Ramsey Street (US401) and Glenola Drive. (P89-45) (Readvertised for June 19, 1989, Public Hearing) F. Consideration of amendments and revisions to the City of Fayetteville Zoning Ordinance, Chapter 32, Article XIII, “Special Historic District Provisions," Section 32-86, “Application Review-Generally," Item (4) to provide that the Planning Director or his designee shall approve, approve conditionally or deny an application for minor work or applications for certificates of appropriateness for outdoor advertising signs within ten (10) working days of submittal to the Inspections Department. (P89-44) This item was presented by Al Mitchell stating that the Planning Board recommends approval of the ordinance, and the purpose is to delegate down the ladder from the Historic Resources Commission to the staff level, the approval of signs so that it can be in a timely manner. This is the advertised public hearing. The public hearing was opened and there was none to speak in favor or against and the public hearing was closed. AN ORDINANCE AMENDING SECTION 32-86, “APPLICATION REVIEW-GENERALLY". ORDINANCE NO. S1989-9A. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 7 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book S1989. G. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32, Article III-General Provisions, Section 32-5, “Definitions" to add subsection 5.2, definition of “Country Club" and Article IV-District Use Regulations, Section 32-23 “R10 Residential District" Item 4(a) to provide for grounds and facilities for private country clubs, golf courses and laces operated on a profit or nonprofit basis and other private clubs operated on a nonprofit basis upon and after obtaining a Special Use Permit. (P89-56) Al Mitchell presented this item and stated that the Planning Board recommends approval of the amendments to the ordinance. This is the advertised public hearing. The public hearing was opened and recognized in favor was Mr. Sol Rose, one of the developers of King's Grant. He stated they are requesting this amendment because there is a country club there with a special use and the term “nonprofit" is the reason for this recommended amendment. Appearing in opposition was Clinton Harris, Coordinator for the Fayetteville/Cumberland County Citizens Association. He stated that in many cases of issuing Special Use Permits, tax breaks are given. Mr. Harris stated they are urging Council to add the following anti-discrimination clause to Chapter 32, Article III, Article IV, and Special Use Permit (P89-56): “There would be no discrimination based on religion, race, sex, or national origin, as it relates to the users of a Special Use Permit, of the grounds or facilities that is covered by the Special Use Permit.” Also in opposition was Jerry Meek, 738 Victorian Place, concerned citizen. Mr. Meek stated he was in strong support of the inclusion of an amendment to the City's zoning ordinances requiring country clubs to adopt a nondiscriminatory clause within their charters in order to receive residential zoning status. There being none further to be heard, the public hearing was closed. Councilmember Torrey offered motion to follow the recommendation of staff and add, “There will be no discrimination on religion, race, sex, or national origin, as it relates to the use of Special Use Permit, or the grounds that is covered by the Special Use Permit". Councilmember Wofford seconded for purpose of discussion. He asked what Mr. Torrey's motion covered. Mr. Smith responded that Mr. Torrey's motion just referred to Special Use Permits. Mr. Torrey verified this and City Attorney Cogswell stated it would have to go back to the Planning Board to do that. Councilmember Torrey withdrew his motion and Councilmember Wofford withdrew his second. Councilmember Torrey then moved to refer this item to the Planning Board, seconded by Councilmember Pillow. The City Attorney stated that the City does not normally get involved with private businesses on discrimination matters because they are usually processed through lawsuits. Councilmember Bolton stated that Council zones land and not people; therefore, he offered a substitute motion to accept this ordinance as submitted and recommended, seconded by Councilmember McBryde and carried 5 to 2 with Councilmembers Torrey and Pillow voting against. This will require a second reading. Councilmember Kendrick offered motion to send this request concerning discrimination to the Planning Department. Mr. Cogswell requested to do some research on this and return his findings to Council before returning this to the Planning Board. Council agreed to his request. H. (Pulled from agenda.) At this time Mayor Dawkins reminded Council of an informal reception with the Human services Commission at 6:30 p.m. in the Council Chambers on June 8. 4. PWC Matters: A. Consideration adoption of Budget Amendments. This item was presented by PWC staff member Ray Britt. PWC Change No. 89-1 accounts for $3,437,600,000.00 transfer to the City's General Fund for the current year budget. PWC Change No. 89-2 is to transfer funds to cover a bonus payment to General Electric. Councilmember Wofford moved to adopt the PWC budget amendments, seconded by Councilmember Pillow and carried unanimously 7 to 0. 5. Planning Board Matters: A. Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification than presently zoned for an area located at 1459 Pamalee Drive (US 401 Bypass). (P88-120) This item was presented by Al Mitchell who stated that the Planning Board recommends approval, and this item could have been placed on the consent agenda. Councilmember Bolton moved to approve the rezoning as recommended, seconded by Councilmember Kendrick and carried unanimously 7 to 0. B. Consideration of the rezoning from R5A Residential District to P2 Professional District or to a sore restrictive zoning classification for an area located at 6105 Cliffdale Road. (P89-49) This item was presented by Al Mitchell stating that the Planning Board recommends approval and the Planning Staff recommends denial. There were none to appear in opposition at the Planning Board public hearing. Councilmember Bolton moved to rezone to P2 Professional as recommended by the Planning Board, seconded by Councilmember Pillow. Following some discussion, Mr. John C. Ray, property owner, was recognized by a unanimous vote of Council stating that he has been unable to sell his property for residential use due to being across from a restaurant and very near Owen's Nursery. Also the road is proposed to be a five-lane road in the near future. Following further discussion, Mayor Dawkins called for the vote and it was 5 to 2 with Councilmembers Kendrick and Wofford voting against, therefore, a second reading is required. C. Consideration of the rezoning from R6 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 1308 Ramsey Street. (P89-50) Al Mitchell presented this item and stated that the Planning Board recommends denial of the C1 and approval of the C1A. The Planning Staff recommends denial of the C1 and approval of P2 Professional District. He stated there was no appeal filed against the Planning Department's recommendation. Following some discussion, Councilmember Bolton moved to rezone from R6 Residential to P2 Professional, seconded by Councilmember Kendrick and carried unanimously 7 to 0. 6. Consideration of adoption of amendments to Chapter 4 of the Fayetteville City Code, “Aircraft and Airports”. Airport Manager Tom Ray presented this item and stated they are requesting Council to adopt the ordinance to establish landing fees for non-scheduled aircraft and commercial planes and for changing the words “Municipal Airport” to “Regional Airport" in the City Code. AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 4, “AIRCRAFT AND AIRPORT". ORDINANCE NO. S1989-11. Mayor Pro-Tem Evans 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 Ordinances Book S1989. 7. Report from Streets, Roads and Transportation Committee: A. Consideration of adoption of a resolution setting a public hearing to consider reconstruction of: 1. Dillon Drive 2. Redstone Drive Councilmember Kendrick stated that some work is being done on Carlos Avenue and is affecting Dillon and Redstone Drives. He turned the presentation over to City Engineer Bennett. Mr. Bennett explained the situation concerning drainage and damage to these streets and recommended adoption of resolution to set public hearings to consider the paving without petition. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF DILLION DRIVE (SIT PUBLIC HEARING FOB JULY 3). RESOLUTION NO. R1989-98. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously 7 to 0. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF REDSTONE DRIVE (SET PUBLIC HEARING FOR JULY 3). RESOLUTION NO. R1989-99. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously 7 to 0. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1989. B. Consideration of initiating annexation of an area in the vicinity of Roxie Avenue and Boone Trail. City Engineer Bennett presented a report from the Streets, Roads and Transportation Committee concerning Roxie Avenue. A portion of Roxie Avenue is outside the City and if Roxie Avenue is to be improved. The improvement should extend all the way to Boone Trail. This would entail annexation procedures. Following some discussion, Councilmember Bolton moved to refer this matter to staff for study on annexation possibility, seconded by Councilmember Wofford and carried 6 to 1 with Councilmember Torrey voting against. 8. Report from Buildings and Properties Committee. Mr. Smith presented this report and showed slides of the tour of the Law Enforcement Center by the Committee. Following some discussion, Mayor Pro-Tem Evans moved to have staff investigate if the PWC building meets the needs of the Police Department and have staff return a cost for the study, seconded by Councilmember Pillow. Councilmember Wofford requested to have incorporated in the motion to include short-term solutions. Mr. Smith responded that we are already doing this at staff level. The motion carried 7 to 0. Councilmember Wofford questioned the progress on the Amtrak Station at this point. Mr. Smith responded that we are working on getting specs out and get bids, hopefully within 60 days. 9. Consideration of adoption of revisions to Chapter 2O, Article XI, City Off-Street Parking Lots. This item was presented by City Traffic Engineer Chalmers stating that the proposed ordinances are to clarify off-street parking lots and create two new schedules for listing separately two-hour and attendant parking lots. Councilmember Wofford requested that some type of changes be made on reserved spaces in lots especially at the library. Mr. Smith stated that we are in the process of taking a look at overall parking. Mr. Chalmers stated that theme changes do not alter anything that has been discussed. A ORDINANCE AMENDING ARTICLE XI OF CHAPTER 20 OF THE FAYETTEVILLE CITY CODE - CITY OFF-STREET PARKING LOTS. ORDINANCE NO. S1989-12. Councilmember Torrey introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously 7 to 0. AN ORDINANCE AMENDING ARTICLE IX OF CHAPTER 20 OF THE FAYETTEVILLE CITY CODE - TRAFFIC SCHEDULES. ORDINANCE NO. S1989-13. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow and carried unanimously 7 to 0. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinances Book S1989. ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC (SECTION 20-106, TRAFFIC SCHEDULE NO. 3-TWO HOUR LOTS). ORDINANCE NO. NS1989-9. ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC (SECTION 20-106, TRAFFIC SCHEDULE NO. 4-ATTENDED LOTS). ORDINANCE NO. NS1989-10. Councilmember Pillow introduced the foregoing ordinances and moved their adoption, seconded by Councilmember Kendrick and carried unanimously 7 to 0. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinances Book NS1989. 10. Consideration of adoption of revisions to the Fayetteville Urban Area Thoroughfare Plan. This item was presented by Louis Chalmers stating that this is for formal action on the concept of the proposed Fayetteville Outer Loop. The following resolution was offered by Councilmember McBryde and seconded by Councilmember Kendrick and upon being put to a vote was carried unanimously. The resolution is as follows: RESOLUTION RESOLUTION NO. R1989-100 THAT WHEREAS, the City of Fayetteville Town of Hope Mills, Cumberland County, Town of Spring Lake, and the North Carolina Department of Transportation did mutually adopt a thoroughfare plan for the Fayetteville Urban Area; and WHEREAS, North Carolina General Statutes 136-66-2(d) Provides that either the Municipality or Department of Transportation may propose changes in an adopted plan at any time by giving notice to the other party, but no change shall be effective until it is adopted by both the Department of Transportation and the Municipal Governing Board; and WHEREAS, it is recognized that the proper movement of traffic within and through the Fayetteville Urban Area is a highly desirable element of the thoroughfare plan for the orderly growth and development of the urban area; and WHEREAS, the Transportation Advisory Committee has requested that the Department of Transportation make changes in the adopted plan; and WHEREAS, the Technical Coordinating Committee and the Transportation Advisory Committee for the Fayetteville Urban Area have reviewed and approved said revisions; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. That the Fayetteville Urban Area Thoroughfare Plan, dated June 8; 1977, be revised as follows, subject to the approval of the Department of Transportation: 1. That the proposed US 13 Extension be relocated and extended as a conceptual loop; the new alignment will begin at the interchange of 1-95 and US 13 and run in a northwesterly direction crossing SR 1714 (River Road) at SR 1720 and continuing in a northwesterly direction to US 401 approximately 1200 feet south of SR 1611 (Andrews Road); from US 401 running in a southwesterly direction crossing SR 1600 (McArthur Road) approximately 1300 feet south of SR 2421 (Jacob Street), and continuing in a southwesterly direction to Fort Bragg Military Reservation boundary; then running in a westerly direction north of the Fort Bragg boundary crossing NC 87/210 (Murchison Road) approximately 370 feet south of SR 1447; from NC 87/210 running in a westerly direction crossing NC 24 (Bragg Boulevard) approximately 260 feet north of the Fort Bragg boundary; continuing from NC 24 running in a westerly direction north of the Fort Bragg boundary crossing SR 1007 (All American Freeway) 420 feet north of the Fort Bragg boundary: continuing in a westerly direction crossing SR 1415 (Yadkin Road) at the intersection with SR 1403 (Reilly Road) then running in a northwesterly direction crossing Raeford Cutoff approximately 2640 feet south of Yadkin Road; continuing on the Fort Bragg Military Reservation in a southerly direction to SR 1400 (Cliffdale Road), approximately 3400 feet west of SR 1403 (Reilly Road); from SR 1400 running in a southwesterly direction to US 401 approximately 600 feet west of SR 1403; from US 401 running in a southeasterly direction crossing SR 1104 (Strickland Road) approximately 2800 feet south of SR 1107 (Fisher Road), continuing in a southeasterly direction crossing SR 1108 (Lakewood Road) approximately 1300 feet south of SR 1107, and continuing in a southeasterly direction to NC 59 (Hope Mills Road) approximately 800 feet north of SR 1133 (George Owen Road); from NC 59 running in a easterly direction to SR 1003 (Camden Road) approximately 4500 feet east of SR 1133, then running in a southeasterly direction crossing SR 1132 (Legion Road) approximately 1600 feet north of SR 1363 (Elk Road); continuing in a southeasterly direction crossing US 301/1-95 Business approximately 8800 feet south of SR 1344 (Black and Deckmr Road) and terminating at the interchange of 1-95 and SR 2342. 2. Delete the extension of SR 1638 (McCormick Road) south of SR 1602 (Spring Avenue) in the Town of Spring Lake. 3. Change the extension of Chapel Hill Road east of NC 210 from a major thoroughfare to a minor thoroughfare. 4. Change SR 1638 (McCormick Road) from a major thoroughfare to a minor thoroughfare from the extension of Chapel Hill Road to Spring Avenue. 5. Addition of NC 24 as a major thoroughfare on a new location beginning at NC 24/87 running in an easterly direction from SR 1001: crossing SR 1351 (Manchester Road) approximately 5100 feet northeast of NC 24/87 and continuing in an easterly direction crossing NC 210 approximately 1000 feet south of the Little River; continuing in an easterly direction to the Fort Bragg Military Reservation; following the Fort Bragg boundary in an easterly direction, then in a southerly direction exiting Fort Bragg Reservation running in a southerly direction crossing SR 1611 (Andrews Road) approximately 3800 feet from SR 1600 (McArthur Road); continuing in a southerly direction and terminating at the proposed US 13 Extension (Item 1). A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. 11. Consideration of adoption of Demolition Ordinances for the following locations: A. 401 Winslow Street (Owner - Seaboard Coastline Railroad) This item was presented by Walter Haire stating that Seaboard Coastline Railroad Company has contacted them to consent to the City demolition of their property at this location. 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. NS1989-11. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow and carried unanimously 7 to 0. B. Parcel 0447-32-2228 Dunn Road (Owner - George M. Williams) Walter Haire stated that the correct address of this property is 112 Old Dunn Road and that George Williams was present tonight and requested to speak to Council. Mr. Williams was recognized and requested at least thirty (30) days to get the building demolished. Mayor Pro-Tem Evans adopted the ordinance with a forty-five (45) day extension, seconded by Councilmember McBryde. The City Attorney requested that a demolition permit be obtained within ten (10) days of this meeting. The motion carried unanimously 7 to 0. 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 STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1989-12. C. 212 Craven Street (Owner - James and Louise Bently) Mr. Haire presented this item and stated that this building is not occupied at this time, however it is not secured and is considered dangerous. Mr. James Bently, owner of the property, was recognized stating that he had applied for a demolition permit but he does not want to tear it down. He stated he has felt the City has harassed him by contacting him monthly concerning this property. Mayor Pro-Tem Evans offered motion to give Mr. Bentley a forty-five (45) day extension in order to get the house torn down, seconded by Councilmember Kendrick. Councilmember Wofford offered substitute motion to adopt the demolition ordinance, seconded by Councilmember Bolton and carried unanimously 7 to 0. 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. NS1989-13. D. 1019 Branson Street (Owner - A. F. Taylor) Walter Haire presented this item and stated there was a great need to demolish this property. Mr. Brewsitz, property owner in the area of this property, was recognized stating that there has been tremendous problem caused to him and the Police Department by the type of people and activities on this property. 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. NS1989-14. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinances Book NS1989. 12. Consideration of Revisions to Chapter 9, “Building Code", regarding Contractor Indemnification Bonds and Enforcement of Defective Work. The City Attorney presented this item and stated that this is to do away with the Surety Bond. It also gives the Building Inspector authority, subject to a hearing, to revoke privilege license if the contractor performs defective work, until the work is corrected. Frank Simpson added that no state License is required of general contractors under $45,000. ORDINANCE AMENDING CHAPTER 9, “BUILDING CODE”, SECTION 9-20 (FAILURE TO COMPLY). ORDINANCE NO. S1989-14. ORDINANCE AMENDING SECTION 17-21.1(5). ORDINANCE NO. S1989-15. Mayor Pro-Tem Evans introduced the foregoing ordinances and moved their adoption, seconded by Councilmember Kendrick and carried unanimously 7 to 0. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinances Book S1989. 13. Appointments. Mayor Dawkins stated that it has bun determined there are no restrictions on the number of terms for Item C which is Public Works Commission. A. Nominations to fill three vacancies on the Fayetteville Airport Commission. The following nominations were made for two-year terms: Beth Finch was nominated for a second term by Councilmember McBryde; Monroe Evans was nominated for a second term by Councilmember Bolton; and Thornton W. Rome was nominated for a second term by Councilmember Pillow. B. Nominations to fill one vacancy on the Joint Planning Board. Nominations were made to fill one vacancy of a four-year term as follows: John L. Canady nominated by Councilmember McBryde and Ernest N. Smith nominated by Councilmember Torrey. C. Nominations to fill one vacancy on the Public Works Commission. Councilmember Pillow nominated Robert Williams for another four-year term. D. Nominations to fill one vacancy on the PWC Retirement Board. There were no nominations to fill the five-year term vacancy. E. Nomination/Election to fill one vacancy on the Fayetteville Historic Resources Commission. Councilmember Torrey moved to elect by acclamation Mr. William Watson, 1881 Gola Drive, Fayetteville, NC 28301, to fill the vacancy of Mr. Barragan in the at-large position to October 1990. The notion carried unanimously. F. Nomination/Election to fill one vacancy on the Board of Appeals on Dwellings and Buildings. Councilmember Wofford moved to elect by acclamation Jane Cherry for a term to May 1992. The motion carried unanimously 7 to 0. 14. Administrative Reports: A. Report on Water Street Mr. Smith stated that this report was done at the request of Councilmember Ross at the last meeting. He stated that the portion known as North Water Street between North Broad Street and the paved part of North Water Street does not have any dedicated right-of-way. It has been opened to traffic for many years but has never, to our knowledge, been maintained as a public travelway. He further stated that it would be to the public's convenience for the City to pursue acquiring right-of-way for the non-maintained portion at a reasonable cost. We then could accept this portion for maintenance. Council took no action. Council then scheduled the first budget workshop for Monday, June 12, and Wednesday, June 14, at 7:00 p.m. in Environmental Services. B. Amendment to tax refund procedure. This item was presented by City Attorney Cogswell stating that the normal procedure on tax refunds is to have the person making the request fill out a notarized statement. Since some of the property owners have paid their paving assessments in full and will need a tax refund, Mr. Cogswell recommends waiving the notarized statement. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Kendrick and carried unanimously 7 to 0. C. Request for representation. Mr. Cogswell stated that Police Officer Keith J. McLaughlin is being sued by James Earl Norman in Superior Court, Case 89 CVS 2570. Mr. Cogswell stated that Officer McLaughlin was acting in the course and scope of his responsibilities and satisfies the requirements of Section 2-67 of the City Code and State Statutes authorizing him to represent the officer. Mayor Pro-Tem Evans moved to authorize representation as requested, seconded by Councilmember Pillow and carried unanimously 7 to 0. There being no further business, the meeting was adjourned at 10:30 p.m. BUDGET WORKSHOP MONDAY, JUNE 12, 1989 FAYETTEVILLE CITY COUNCIL BUDGET WORKSHOP ENVIRONMENTAL SERVICES CONFERENCE ROOM MONDAY, JUNE 12, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans; Milo McBryde; Horace K. Thompson, Jr.; Tommy Bolton; Joseph Pillow; Ida Ross; Thelbert Torrey; Milt Wofford; and Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Jimmy Teal, Assistant to the City Manager Mayor Dawkins called the meeting to order and recognized Bryan Bizzell of the Taxpayers Association. Mr. Bizzell urged the Councilmembers to keep taxes down and spending to a minimum. He stated that the City's contributions to private agencies benefit special interests and urged the Council not to spend money for these activities. He suggested that if the Council needed to find more money that they approach the legislative delegation and talk about a lottery. City Manager John Smith explained the back-up budget information presented to the City Council. Council then reviewed the budgets of the following departments: Governing Body, Executive, Personnel, Finance. Other Appropriations, Information Systems, Administrative Services, Police, Fire, Communications, Inspections, Engineering, Traffic Services, Environmental Services, Community Services, and Parks and Recreation. Councilmember Wofford asked for a status report on the Train Station, Market House, and Municipal Market projects at the next meeting. Councilmember Thompson asked Councilmembers to think about the Linear Park Project. Upon motion by Councilmember Ross, seconded by Councilmember Bolton, Council voted unanimously to recess this Budget Workshop until 7 p.m., Wednesday, June 14, 1989, Environmental Services Conference Room. CONTINUATION OF BUDGET WORKSHOP WEDNESDAY, JUNE 14, 1989 FAYETTEVILLE CITY COUNCIL CONTINUATION OF BUDGET WORKSHOP ENVIRONMENTAL SERVICES CONFERENCE ROOM WEDNESDAY, JUNE 14, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans; Milo McBryde; Horace K. Thompson, Jr.; Tommy Bolton; Joseph Pillow; Ida Ross; Thelbert Torrey; Milt Wofford; and Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Jason Brady, Public information Officer Jimmy Teal, Assistant to the City Manager Ron Hansen, Chief of Police Mayor Dawkins called the meeting to order and recognized Chief of Police Ron Hansen who presented more information on the proposed School Liaison Program to be funded jointly by the City and the Board of Education. These officers would be assigned to the Senior High and Junior High Schools in the City limits. Councilmember Horace Thompson requested that the Council appropriate funding to start work on the Linear Park. This funding should be for working drawings so that groups can begin to implement the plan. These drawings could also be used by the Army in its proposed participation in the cleanup of the creek. Councilmember Thompson suggested $100,000 be appropriated in order to accomplish this work from the U.S.O. to the Cool Spring. Councilmember Evans suggested that the staff investigate the cost of this work and that Council might increase the fund balance appropriation to cover this additional funding. City Manager John Smith then provided information on items questioned from the Monday night Budget Workshop. He also reviewed the following budgets: Powell Bill, Sponsored Group, Parking Facilities, Debt Service, Risk Management, Transit, Airport, Law Enforcement Officers Separation Allowance, and Fleet Maintenance Fund. Council discussed the requests of outside agencies and decided to wait until after the Public Hearing to make final decisions. Councilmember Thompson suggested that the Council raise the Special Tax District tax rate to 8 cents with Councilmember Evans concurring. Councilmember Bolton suggested that the tax rate remain the same. Mayor Dawkins reminded the Council that he had received a request from the Fayetteville Independent Light Infantry for an appropriation of $2,500 that should be considered along with other outside agency requests. Upon motion by Councilmember Ross, seconded by Councilmember Bolton, the Council voted unanimously to recess the Budget Workshop until Wednesday, June 21, 1989, Environmental Services Conference Room. REGULAR MEETING MONDAY, JUNE 19, 1989 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, JUNE 19, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, at-large; Milo McBryde, at-large; Horace K. Thompson, at-large; Tommy Bolton, District 1; Ida Ross, District 2; Joseph Pillow, District 3; Thelbert Torrey, District 4; Milt Wofford, 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 City Manager Jason Brady, Public Relations Officer Louis Chalmers, City Traffic Engineer Tim Wood, PWC Director Walter Baire, Housing Inspector Tom Ray, Airport Manager Bob Bennett, City Engineer George McCarthy, Risk Manager Wally McBride, Bond Counsel A. H. Libby, General Manager, Cross Creek Mall Members of the Press Reverend Randy White, Trinity Baptist Church, offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Kiwanis Club - FCCYC Youth of Month: Chris Hudspeth was presented with the Certificate of Appreciation and the $50 Savings Bond from the Kiwanis Club by the Mayor. FCCYC Members: Gloria Sutton and Rob Garrett were present and recognized. At this time Mayor Dawkins recognized Councilmember Ross who stated that the young soccer player that Council had recognized last year has received a scholarship for West Point for 1993 and he will be going to Wake Forest on a scholarship this year. His name was not given. 1. Approval of Agenda Councilmember Bolton moved to approve the agenda, seconded by Councilmember Kendrick and carried unanimously by voice vote. Councilmember Thompson requested that on Items 4.A. and B. he be allowed to refrain from voting on these rezoning items as a follow-up from a previous meeting. Also on Item 5, HUD ruled that he should not vote further on the Prince Charles Hotel/City Hall Project. Councilmember McBryde moved to grant Mr. Thompson's request to refrain from voting on Items 4.A. and B. and the Prince Charles Hotel Project, seconded by Councilmember Wofford and carried unanimously. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Mayor Pro-Tem Evans requested to pull Item E for discussion. Councilmember Kendrick made a motion to approve the consent agenda and each item as presented with the exception of Item E. After a second from Councilmember Ross the consent agenda and following items were unanimously approved. A. Adoption of Capital Project Ordinance CAP 89-808. To set up Capital Project to account for receipt and disbursement of UDAG funds ($2.6 million) for the Prince Charles Project. B. Adoption of Capital Project Ordinance CAP 89-862. To set up a Capital Project for the Museum of the Cape Fear in the amount of $275,000 received for the purchase of land for the museum. C. Adoption of Capital Project Ordinance Amendment Change 89-37, 89-38 and 89-39. Change 89-37 - to reflect a reduction of $2,970 in the Crime Victims Program. Change 89-38 - to account for $6,023 received through the Federal Drug Forfeiture Funds. Change 89-39 - to transfer $200,000 from the General Fund which was appropriated for sidewalk construction during the current fiscal year. D. Adoption of resolution setting public hearing to consider construction of an underground drainage system south of Oakland Drive. PRELIMINARY RESOLUTION REQUIRING THE CONSTRUCTION AND RECONSTRUCTION OF A STORM SEWER AND DRAINAGE SYSTEM FOR A PORTION OF WINDSOR TERRACE SUBDIVISION. RESOLUTION NO. R1989-101. E. (PULLED FOR DISCUSSION) F. Approval of granting utility easement to Carolina Power and Light Company for installation of utilities at Clark's Park. G. Approval and acceptance of grant agreements for Projects 9.9344103 (AIP-05) and 9.9344107 (AIP-06). These agreements will increase the projects as shown: AIP 05 from $416,625 to $691,064 AIP 06 from $138,627 to $263,302 H. Set public hearing for July 17, 1989, to consider the initial zoning to PND Planned Neighborhood District for an area located north of Country Club Drive (US 401 Bypass), between Green Valley Road and Lake Bend Drive. Being all of Annexation No. 89-4-321, known as “Country Club Hills--Section 1," and being annexed by the City Council of the City of Fayetteville, North Carolina, on April 30, 1989. (P89-60) I. Authorize City Manager to terminate Technical Master Plan Consultant Contract for the Restoration of the Cool Spring Historic Site. J. Award of contracts in connection with Cross Creek Wastewater Treatment Plant Upgrade and Expansion Project, as follows: (All Low Bidders) (PWC) 1. HVAC - Standard Electric Co., Rocky Mount, N.C. in the amount of $279,000. 2. Electric - Bryant Electric Co., High Point, N.C. in the amount of $4,989,000. 3. Plumbing - Hayworth Plumbing Co., Charlotte, N.C. in the amount of $384,179. K. Award of contract for purchase of Electric Meters, as follows: (All Low Bidders) (PWC) 1. Mechanical Electric Meters - Tennessee Valley Electric in the amount of $25.67 each. 2. Electronic Demand and CT Rated Electric Meters - Rigby Electric Supply L. Award of contract for purchase of 450 100-KVAR Substation Capacitors to Rigby Electric Supply Company, low bidder in the amount of $104,850. (PWC) The bids were as follows: Rigby Electric Supply Co. $104,850.00 Mill-Power Supply Co. $105,052.50 Eastern Electric Supply Co. $109,345.50 Westinghouse Electric Supply Co. $134,550.00 2E. Adoption of resolution to acquire Purdue Drive/Cheselka Street rights-of-way, Parcel E-1. Mayor Pro-Tem Evans requested that City Engineer Bennett clarify the right-of-way on the map. Mr. Bennett responded. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1989-102. Councilmember Ross introduced the foregoing resolution and moved its adoption, seconded by Mayor Pro-Tem Evans and carried unanimously. Copies of the foregoing resolutions are on file in the Clerks' office in Resolutions Book R1989. 3. Planning Board Matters: A. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32, Article III-General Provisions, Section 32-5, “Definitions" to add subsection 5.2, definition of “Country Club" and Article IV-District Use Regulations, Section 32-23 “R10 Residential District" Item 4(a) to provide for grounds and facilities for private country clubs, golf courses and lakes operated on a profit or nonprofit basis and other private clubs operated on a nonprofit basis upon and after obtaining a Special Use Permit. (P89-56) (Second reading) AN ORDINANCE AMENDING CHAPTER 32 “ZONING" OF THE CODE OF ORDINANCES COUNTRY CLUB). ORDINANCE NO. S1989-16. Councilmember Wofford moved to approve the second reading of the foregoing ordinance, 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 Ordinance Book S1989. B. Consideration of the rezoning from R5A Residential District to P2 professional District or to a more restrictive zoning classification for an area located at 6105 Cliffdale Road. (PB9-49) (Second reading) Councilmember Bolton moved to approve the second reading of the rezoning as recommended, seconded by Councilmember McBryde and carried 7 to 2 with Councilmembers Kendrick and Wofford voting against. 4. Public Hearings: Mayor Dawkins read the policy on the public hearing time limit. A. Consideration of the rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 3508 and 3510 Ramsey Street. (P89-29) This item was presented by Al Mitchell stating that this is the advertised public hearing and property owners have been notified by mail. The Planning Board has recommended denial of C1 and approval of C1P for this area. The public hearing was opened and appearing in favor was Wade Hayes, 3506 Edna Street, one of the petitioners and Neal Davis, Attorney for the petitioners. Mr. Davis stated that this rezoning request would constitute the best and highest use for the property because of the surrounding commercial uses. Appearing in opposition was Mr. Randy Gregory, 145 Cool Spring Street, attorney representing a substantial portion of those opposed to this rezoning. Mr. Gregory stated that the restrictive covenants or Pine Park Subdivision apply to these two lots and it states this property will not be used for anything other than residential. He stated that it has been made known that the intentional use of this property is for an all-night gas station. This attracts people who rob gas stations and the residents don't want this type of activity under their doorstep. Mr. Gregory stated he had supplied a petition to the Planning Department with 274 names and they now have an additional 58 names making a total of 332 names on petitions against this rezoning. Mr. Davis appeared in rebuttal stating these two lots were not included in the restrictive covenants for Pine Park according to the records at the Courthouse. He further stated they have a petition with 257 signatures making it a very close case. Mr. Davis stated there is no existing contract for a gas station on that lot. He asked those to stand that were Present in favor and there were approximately 20 people to stand in favor. There being none further to be heard, the public hearing was closed. Councilmember Wofford moved to rezone this property to P2, seconded by Councilmember Kendrick and carried 8 to 0 with Councilmember Thompson not voting. B. Consideration of the rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at the northwest intersection of Ramsey Street (US401) and Glenola Drive. (p89-45) The public hearing was opened and there was none to speak for or against. The public hearing was closed. Councilmember Kendrick moved to rezone this property to P2, seconded by Councilmember Wofford and carried 8 to 0 with Councilmember Thompson not voting. C. Consideration of a application by Sol C. Rose 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 (4a) to operate a private country club and golf course in a PND Planned Neighborhood District for an area located south of Andrews Road (SR 1611), west of Coronation Drive. (P89-59) This item was presented by Al Mitchell stating that the application was by the Kings Grant Club with Sol Rose as the agent. He stated that the Planning Board requested conditional approval based on the following: That the proposed use shall fit in with the character of the area and that the proposed use as a private Country Club and Golf Course integrated into a planned single-family residential subdivision would not be detrimental to the surrounding neighborhood. The public hearing was opened and appearing in favor was Sol Rose, 104 Gillespie Street. He stated they prefer to get a Special Use Permit instead of rezoning in order to protect the value of the residential property. This will add $100,000,000 to the tax base in the next 6 to 7 years if the request is approved. Appearing in opposition was Clinton Harris, Coordinator for the Fayetteville/Cumberland County Citizens Association, P.O. Box 1792. He requested that Council delay action on this matter until after bill has passed on the Fair Housing Ordinance. He does not feel it will hurt Kings Grant if this is delayed. He further requested to have Kings Grant accept voluntarily, the anti-discriminatory ordinance if they must have the permit tonight. There being none further to be heard the public hearing was closed. Councilmember McBryde moved to approve the special Use Permit with the conditions as specified, seconded by Councilmember Bolton. There was some discussion and Councilmember Torrey offered a substitute motion to accept the recommendation of the Planning staff and add the words: “There will be no discrimination based on religion, race, or national origin as it relates to the users of the Special Use Permit of grounds or facilities that it covers by the Special Use Permit". The substitute motion was seconded by Councilmember Ross. There was further discussion, the Mayor called for the vote on the substitute motion and it failed 2 to 7. Mayor Dawkins then returned to the main motion and called for a vote. The motion carried 7 to 2 with Councilmembers Ross and Torrey voting against. D. Consideration of amendment to Section 27-10(i) of the Fayetteville City Code regarding “Requirements for unit ownership (condominium) developments." This item was presented by the City Attorney. The public hearing was opened and there was none to speak in favor or against. The public hearing was closed. AN ORDINANCE AMENDING SECTION 27-10(i). ORDINANCE NO. S1989-17. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book S1989. E. Consideration of FY 1989-90 Budget. (Public Hearing Only, No Action) Mayor Dawkins opened the public for anyone to speak on the matter of the budget for the fiscal year 1989-90. He requested to hear from the outside agencies first. Following is a list of the representatives and the agency: Dispute Resolution Center Museum of Art Charles Lipe Barbara Hayward 310 Green Street CONTACT of Fayetteville Arts Council Pinckney Love Joan Allen 310 Green Street Rape Crisis FAEDC (Economic Development) Pat Jansen Bud Tisdale 108 Highland Avenue 1801 Lakeshore Drive RSVP Dogwood Festival Blanche Hodul Anna Smith 739 Blue Street Fayetteville Area Sentencing Adult Day Care Center Lilly N. Council Mary Ann Talley 439 Moore Street 117 Dick Street Cumberland County Clean Market House Community Rosalie Kelly Ann Morrims 127 Dobbin Avenue 109 Hale Street Fayetteville Revitalization Olde Fayetteville Suzan Cheek Raymond Yarborough 3305 Hutton Place Orange Street School Ernest McNeil Bernice F. Wolff, 2614 Morganton Road, and Romelia Rothrock, Clarendon House, each appeared to request that Council not increase taxes this year. Stewart Kerr, 1428 Raeford Road, downtown property owner, requested Council to maintain the rate of the Special District Tax in order to be able to fund the downtown projects. Manos Dutton, 200 Robeson Street, Medical Arts Pharmacy, stated that they feel the Special District Tax is not fair. He stated the City should find another way of funding so that everyone could share in this. Paula Williams, Sycamore Tree Senior Center, 5511 West Patterson, Hope Mills appeared to request assistance of $1,000. She stated that this center is open to all senior citizens and furnishes a meal and transportation if it is needed to any citizens as well as Fayetteville residents. Mrs. Williams stated that Hope Mills has contributed over $900 and the Communication Workers of America is furnishing them a building and telephone free of charge. They need funds for food and the operation of the center. Mr. Edward Byrd, 3301 Davis Street, Hope Mills, North Carolina also appeared in support of the center. 5. Consideration of resolution preliminarily approving form of document and certain other matters relating to refinancing of City Hall installment sale obligation. This item was presented by Wally McBride, Bond Counsel. He stated that nothing that is being discussed tonight affects the business relationship between the City and any other party with respect to either the hotel or the City Hall. The only thing being proposed for the City to consider is refinancing its obligation it has entered into with respect to the City Hall. This resolution is to authorize the officers of the City to make application to the Local Government Commission for preliminary approval of the document. This is to save the City money by producing a debt service savings of three percent. Councilmember McBryde asked for a clarification of the term “obligation" that Mr. McBride referred to. Mr. McBride responded that every year a request will be made for the City to appropriate for the next year's payment and the only difference after this restructuring if it is passed, is that the appropriation will be less than it would have been before. Councilmember Bolton asked if the City accelerated the payment clause, would there be a penalty. Mr. McBride responded that if the City wanted to pay off the obligation in the early stages, there will be a penalty. This is a trade-off between the interest rate on a trade-off. Councilmember Bolton also questioned why it would not be better to have gone with an open bid process. Mr. McBride responded that in his opinion it would be most unusual for a municipality to do it this way. It would hurt the City more by the unusualness of it than help by eliminating that fee. It would be a little bit different buyer-they're expecting a different interest rate. The following resolution was discussed and its title was read: RESOLUTION PRELIMINARILY APPROVING FORM OF DOCUMENTS AND CERTAIN OTHER MATTERS RELATING TO REFINANCING OF CITY HALL INSTALLMENT SALE OBLIGATIONS. RESOLUTION NO. R1989-103. Councilmember Wofford moved the passage of the foregoing resolution and Councilmember Pillow seconded the motion. The resolution was passed by the following vote: Voting in favor was Councilmembers Wofford, Pillow, Torrey, Ross, and Kendrick. Voting in opposition was Councilmembers McBryde, Evans and Bolton. Councilmember Thompson abstained. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. 6. Consideration of request from Cross Creek Mall for Mounted Patrol. Presenting this item was Mr. A. H. Libby, General Manager, Cross Creek Mall. He stated that due to the large and increasing amount of tenants, employees, and shoppers, they are trying to enhance their security. He concluded by requesting two police officers from the City for horse mounted patrol. The Malls will provide all monies needed for horses, tacks, stable fees, veterinarian fees, and any other type of fee to start the project. Mayor Pro-Tem Evans moved to grant the request, seconded by Councilmember Bolton. Councilmember McBryde stated he felt this should be put in the budget before granting this request. Councilmember Wofford offered substitute motion to remind this request to the City Manager for inclusion in the budget request, seconded by Councilmember Ross and carried unanimously. 7. Consideration of the following matters concerning Stackpole Drive: A. Acceptance of right-of-way dedication. B. Acceptance of street for maintenance. Mr. Bennett presented this item stating that property owners have been interested for some years in the City maintaining this street. Other property owners were not interested in dedicating the necessary right-of-way. Recently one of the owners has stated the is in urgent need for the City to accept this street, due to ill health and having to sell the property to leave the state. There was discussion concerning acceptance of another unpaved street within the City. RESOLUTION AUTHORIZING THE ACCEPTANCE OF STACKPOLE DRIVE. RESOLUTION NO. R1989-104. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Mayor Pro-Tem Evans. Motion carried 7 to 2 with Councilmembers Thompson and Pillow voting against. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. 8. Consideration of request for Four Way Stop Sign at the corner of Prestwick Drive and Wagoner Drive. Traffic Engineer Chalmers presented this item. Following his report, his recommendation was for periodic speed enforcement. Mayor Pro-Tem Evans moved to follow the recommendation, seconded by Councilmember Kendrick. There was lengthy discussion. Councilmember Thompson offered motion to switch the stop signs from Prestwick Drive to Wagoner Drive, seconded by Councilmember Bolton. Following some further discussion, the substitute notion and second was withdrawn to allow Councilmember Wofford to offer a substitute motion for a four-way stop sign, seconded by Councilmember Thompson. Further discussion revealed that the Council would abide by the ordinance for traffic-control devices. Councilmember Wofford withdrew his substitute motion. Mayor Dawkins then returned to the original notion to follow the recommendation to period speed enforcement. Motion carried unanimously. 9. Consideration of approval of expenditure of unused Airport funds in FY 58-89 Budget for purchase of sculpture for Fayetteville Regional Airport in the amount of $50,000. Airport Manager Ray stated that this funding would be a combination of public and private funds from the monies left over in the pavement maintenance account and what is already available for art. Councilmember McBryde moved to approve the request to purchase the art sculpture “Star Voyager" as requested, seconded by Councilmember Pillow and carried 8 to 1 with Councilmember Ross voting against. 10. Consideration of adoption of Demolition Ordinances for the following locations: A. 431 Rankin Street (Owners: Van & Joyce McPherson) This item was presented by Walter Haire stating that the owners still have no interest in this property and he has made arrangements with Metropolitan Housing to move Mrs. Boykin. ORDINANCE REQUIRING 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. NS1989-15. Councilmember McBryde moved to adopt the foregoing ordinance, seconded by Councilmember Kendrick and carried 8 to 1 with Councilmember Ross voting against. B. 204, 206, 208 & 210 Deep Creek Road (Owners: Sol C. and Mary Bright Rose) Mr. McNeil, representing the owner, Mr. Rose, requested a thirty-day extension due to the mover being tied up on other moving. ORDINANCE REQUIRING 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. NS1989-16. Councilmember Wofford moved to adopt the foregoing ordinance with a thirty-day extension, seconded by Councilmember Bolton and carried unanimously. C. 19 Fairway Drive (Owners: Speed High and Kurt Berlin) ORDINANCE REQUIRING 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. NS1989-17. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinances Book NS1989. 11. Consideration of amendment to Section 21-16.1 of the Fayetteville City Code regarding, “Firearms-Use regulated". City Manager Smith presented this item and stated that there are two typographical errors in the ordinance draft presented. Under Section (e) i. the word “house" should be changed to “hours". Also in the paragraph ii. first line add the word “training" between the words “firearms offered". It should read “firearms training offered". This is the same ordinance that the County is using. AN ORDINANCE AMENDING SECTION 21-16.1 “FIREARMS-USE REGULATED". ORDINANCE NO. S1989-18. Councilmember Bolton 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 Ordinances Book S1989. 12. Consideration of award of contract to Authur J. Gallagher and Company for insurance program for FY 89-90. Mayor Pro-Tem Evans moved to award the contract, seconded by Councilmember Ross. Mr. Smith stated that due to the lengthy presentation necessary for this matter, he recommends action be delayed until the next meeting. The motion and second was withdrawn. Councilmember Thompson moved to continue action to June 26 information meeting, seconded by Mayor Pro-Tem Evans and carried unanimously. Consideration of adoption of resolution adopting revisions to the electoral district boundaries of the City for the purpose of accounting for territory annexed to the City. The City Manager requested this also be continued. Councilmember Kendrick moved to continue this item to June 26 information meeting, seconded by Mayor Pro-Tem Evans and carried unanimously. 14. Report from Policy Committee. Chairman McBryde presented the report of the Policy Committee dealing with the terms of the Revitalization Commission. The Committee was unanimous on dividing the terms so that six terms would end one year and six terms would end another year. A decision will need to be made by Council as to whether the two one-year terms should apply to the cumulative four years or not. This will involve amending the Revitalization Commission's Charter. Councilmember Wofford offered motion that the two one-year terms not count towards the four-year total, seconded by Councilmember Thompson. The City Attorney advised Council that the proposed resolution would need to be amended with this motion. In the second paragraph delete the words, “and the two one-year terms that will expire on June 30, 1990". Councilmember Wofford included that in his motion. The motion carried 8 to 1 with Councilmember Pillow voting against. The title is as follows: A RESOLUTION OF THE CITY COUNCIL AMENDING THE CHARTER OF THE FAYETTEVILLE REVITALIZATION COMMISSION. RESOLUTION R1989-105. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. 15. Delegations: Appearance by Clydia M. Boykin, 704 McLamb Drive, representing Eccles Park. Mrs. Boykin requested that Council direct the owner of the vacant lot across from 704 McLamb Drive to be cleaned. She had contacted him and he had promised to do so, however to this date it had not been done. Gerry Moore, Inspections Department, responded that he is dealing with the owner of that corner lot and it will be cleaned. Mrs. Boykin also asked that the railroad property at Greensboro Street where it intersects with McLamb also be cleaned along with Lots 702 and 809 McLamb Drive. The six-foot fence at the J. W. Fields Trucking Company needs to be cleared of the trees, vines, and undergrowth. Mr. Smith responded that he will get a written report at the July 3 meeting on these complaints and the Inspection Department's actions. 16. Appointments: A. Nominations/Elections to fill three vacancies on the Fayetteville Airport Commission. Councilmember Wofford moved to elect Beth Finch, Monroe Evans, and Thornton Rose by acclamation for a second term. The motion carried unanimously. B. Nominations/Elections to fill one vacancy on the Joint Planning Board. Mr. John L. Canady, 3355 Jura Drive, Fayetteville, NC 28303, was elected with seven votes to a four-year term to June 1993. Mr. Ernest Smith received two votes. C. Nominations/Elections to fill one vacancy on the Public Works Commission. Councilmember Pillow offered motion to reelect Robert C. Williams by acclamation to serve a second four-year term to June 30, 1993. Motion carried unanimously. D. Nominations/Elections to fill one vacancy on the PWC Retirement Board. Councilmember Pillow nominated Mr. Benson Otovo, 3310 Scotty Hill Road, Fayetteville, NC 28303. E. Nominations to fill one vacancy on the Board of Adjustment. There were no nominations made to replace F. Royal Loyd. Mr. John Canady's position will be vacant since he was placed on the Joint Planning Board. F. Nominations to fill one vacancy on the Fayetteville Redevelopment Commission. There were no nominations made to replace Richard Griffin's term to December 1989. G. Nominations to fill one vacancy on the Parks and Recreation Advisory Board. Councilmember Pillow moved to elect by acclamation Mr. J. Russell Warner, 2627 Mirror Lake Drive, Fayetteville, NC 28303, to fill the educational category. Motion carried unanimously. H. Nominations to fill eight vacancies on the Fayetteville Revitalization Commission. Councilmember Wofford nominated for a second term Mr. Joel Schuer, Mr. William Pollitt, and Dr. Suzan Cheek for two-year terms. Councilmember Kendrick nominated Joe Hollinshed for a two-year term. Councilmember Pillow nominated Ruby Murchison for a two-year term. Councilmember McBryde nominated Frank B. Holding, Jr., for a one-year term. Councilmember Thompson nominated Mrs. Ashton Lilly Fox for a two-year term. Councilmember Pillow nominated Stanley McInnis for a one-year term. 17. Administrative Reports: A. Statement of taxes collected for the month of May, 1989, from the Cumberland County Tax Collector. The statement of taxes was submitted showing a total collections of $68,108.09. Mayor Dawkins reminded Council of the recessed meeting until 7 O'Clock Wednesday at the Environmental Services. There being no further business, the meeting was adjourned at 11:45 p.m. CONTINUATION OF BUDGET WORKSHOP WEDNESDAY, JUNE 21, 1989 FAYETTEVILLE CITY COUNCIL CONTINUATION OF BUDGET WORKSHOP ENVIRONMENTAL SERVICES CONFERENCE ROOM WEDNESDAY, JUNE 21, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans; Milo McBryde; Horace K. Thompson, Jr.; Tommy Bolton; Joseph Pillow; Ida Ross; Thelbert Torrey; Milt Wofford; and Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations Jason Brady, Public Information Officer Jimmy Teal, Assistant to the City Manager Mayor Dawkins called the meeting to order. The Council first discussed Capital Project Ordinances and the possible appropriation of those funds to other uses. Council next discussed outside agencies and their requests. Councilmember Wofford suggested that all Arts Agency funds go to the Arts Council with some direction from the Council concerning funding. Council then considered the Special Tax District Budget. Councilmember Bolton suggested that we look at alternative funding by expanding the district. Councilmember Kendrick suggested a different rate for unoccupied buildings. Councilmember Wofford suggested that the Inspections Department hold the downtown commercial buildings to the same standard as other buildings. Councilmember Pillow suggested that those who receive tax district funds should report to the taxpayers what they get for their funds. Mayor Dawkins then asked which Councilmembers were in favor of leaving the tax rate at 3.5 cents. Four Councilmembers indicated this was their preference. He then asked if any were in favor of raising the tax rate to 5 cents. Councilmembers Pillow, Kendrick, Thompson, Wofford, and Evans indicated that this was their preference reducing the fund balance appropriation by the additional revenues raised by the increased taxes. Council them considered the request for mounted police at Cross Creek Mall. City Manager Smith indicated that this would require one officer and that through an error in the Police Department's budget there were approximately $17,000 in appropriations that could be used to implement this program jointly with the Mall. Councilmember Thompson warned that eventually the City might be required to fund this whole program if approved on the basis presented. Councilmember McBryde asked why add a police officer to this zone. Councilmember Evans suggested that the program should proceed. Councilmember Wofford stated he was in favor of the project but that the City had spent a lot of money in this area. He was also concerned that the City might set a precedent by patrolling private property if enticed there by the offer of contributions. He stated that if this were a priority of the City then the City should decide that and fund the whole program. Councilmember Kendrick suggested a contract. Councilmember Thompson suggested that the City Manager discuss this program with the Mall operators and come back to Council. Council next discussed the Linear Park. City Manager Smith indicated that based on information from Sears Design Group, approximately $22,000 would be appropriate to fund the working drawings requested by Council. He suggested that we set aside $22,000 by increasing the fund balance appropriation and come back later for an appropriation to purchase property. Councilmember Wofford expressed concern about PWC and the agreement reached on the percent of transfer with a subsequent increase in rates. Council asked that someone go to PWC to ask questions concerning these matters. Upon motion by Councilmember Ross, seconded by Councilmember Evans, Council voted unanimously to adjourn at 9:25 p.m. INFORMATION MEETING MONDAY, JUNE 26, 1989 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MONDAY, JUNE 26, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, at-large; Milo McBryde, at-large; Horace K. Thompson, at-large; Tommy Bolton, District 1; Ida Ross, District 2; Joseph Pillow, District 3; Thelbert Torrey, District 4; Milt Wofford, District 5; and Mark Kendrick, District 6 Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Administrative Assistant to City Manager Jason Brady, Public Relations Officer George McCarthy, Risk Manager Members of the Press The City Attorney offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins expressed sympathy to Councilmember Torrey on the recent death of his brother. Also to the family of Wilson Yarborough, Sr., on the recent death of Mr. Yarborough, who was a past House Representative and a City Councilmember. Mayor Dawkins stated there has been a request for executive session before Item 5 on a personnel matter. 1. Consideration of Award of Contract to Arthur J. Gallager and Company for Insurance Program for FY 89-90. The City Manager presented this item and reviewed the materials forwarded to Council. The Risk Management Advisory Committee is recommending the proposal received from Arthur J. Gallager and Company which is as follows: 1. Auto Liability - $1,000,000 Limit with a $250,000 Self-Insured Retention per Occurrence. 2. General Liability - $1,000,000 Limit with a $250,000 Self-Insured Retention per Occurrence. 3. Police Professional Liability - $1,000,000 Limit with a $250,000 Self-Insured Retention. 4. Public Officials Liability - $500,000 Limit with a $250.000 Self-Insured Retention per Occurrence. All of the above coverages are included in the self-insured retention annual aggregate of $550,000. NOTE: The Risk Management Advisory Committee recommends that the City increase the amount of coverage for public officials liability by adding a $1,000,000 excess liability limit as proposed by Arthur J. Gallager and Company. This coverage can be obtained from National Union Insurance (AIG). 5. Excess Liability - $1,000,000 Limit; this coverage provides protection for Items 1, 2, and 3 above. 6. All Risk Property Insurance - Including earthquake and flood insurance. The coverage insures against loss of value for all City governmental buildings and contents at replacement cost. The coverage includes a $25,000 Self-Insured Retention per Occurrence for loss experienced. NOTE: Any retention for property losses paid would be counted toward the annual aggregate of $550,000 maximum. 7. Boiler and Machinery Coverage - $5,000,000 Limit with a $1,000 deductible. The total premium cost for these coverages are $363,025. The insurers are Lloyds of London, Zurich American Insurance Company, and Illinois Union Insurance Company. All policies will become effective July 1, 1989. Following some discussion Councilmember Bolton moved to award the contract to Arthur J. Gallager and Company as recommended, seconded by Councilmember Pillow and carried unanimously. 2. Consideration of adoption of Resolution adopting revisions to the Electoral District Boundaries of the City for the purpose of accounting for territory annexed to the City. Assistant City Manager Stancil presented this item stating that staff recommends the adoption of the resolution for the needed assignments. Then the City staff will be able to submit the nine annexations to the U.S. Department of Justice for pre-clearance. He presented maps showing the three districts affected by the assignments. There is a total of 21 people in the combined nine annexations. RESOLUTION ADOPTING REVISIONS TO THE ELECTORAL DISTRICT BOUNDARIES OF THE CITY FOR THE PURPOSE OF ACCOUNTING FOR TERRITORY ANNEXED TO THE CITY. RESOLUTION NO. R1989-106. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick, carried 7 to 2 with Councilmembers Torrey and Ross voting against. 3. Consideration of Year-end Budget and Year-end Capital Project Ordinance Amendment: A. Budget Ordinance Amendment Changes 89-31, 89-32, and 89-33. Amendment Change 89-31 is to administratively make adjustments in the City accounts for year-end closeout. Change 89-32 is to properly reflect the transfer of monies from two “old" general fund capital projects into two “new" capital projects: reconstruction of Old Street and the Hay Street Train Station. Change 89-33 is to account for donations ($2,300) to the Airport Art Project. B. Capital Project Ordinances CAP-89-865 and CAP-89-868. CAP-89-865 is to set up the Capital Project for Hay Street Train station-estimated cost is $300,000. CAP-89-868 is to establish Capital Project for reconstruction of Old street-estimated project cost is $1,000,000-revenue sources include: General Fund Appropriation, Powell Bill monies, PWC, and Bond Drainage Funis. C. Capital Project Ordinance Closeouts CLO-89-11 (CAP-1) and CLO-89-12 (CAP-1). CLO-89-11 is to close out the completed Maiden Lane Project-Residual monies will be rolled over into General Fund. CLO-89-12 is to close out the completed Parking Lot ƒ3 Construction Project-Residual funds will revert to the General Fund. D. Capital Project Ordinance Amendment Changes 89-40, 89-41, and 89-42. These amendments are necessary to transfer funds into the Old Street Capital Project. 4. Consideration of Award of Contract for Aerial Lift Truck for Traffic Services. The City Manager stated that they are recommending awarding contracts to the North State Ford Truck Center, Inc., lowest responsible bidder in the amount of $29,210 and to the Baker Equipment Engineering Company, lowest responsible bidder in the amount of $33,079 to be “locked in” (subject to appropriation). The bids are as follows: Aerial Lift Cab and Chassis North State Ford Truck Center, Inc. $29,210.00 Smith International Truck Center $35,152.21 Aerial Lift Baker Equipment Engineering Company $33,079.00 Councilmember McBryde moved to award the contracts to the low bidders as recommended and to “lock in" the unit price, seconded by Councilmember Bolton and carried unanimously. Councilmember McBryde moved to enter executive session for a personnel matter, seconded by Councilmember Kendrick and carried unanimously at 7:23 p.m. Council reconvened into regular session at 7:40 p.m. 5. Consideration of adoption of FY 89-90 Budget. The City Manager presented this item stating there is a correction to be made. The tax collection rate should read 95 percent instead of 98 percent. Councilmember Bolton moved to adopt the Budget Ordinance for FY 19899-90 including 1.7 tax increase to 52.7 cents and 5 cents for downtown, and raise the salary of the City Manager by 5 percent up to $73,500.00, and the City Attorney's salary increased by 5 percent to $64,050.00, and 4 percent cost of living increase for Councilmembers and Mayor, as well as all City employees. The motion was seconded by Councilmember McBryde. Mayor Pro-Tem Evans stated that because of some of the division of the money in the budget that she does not approve of, she must vote against it. Councilmember Wofford asked to add a friendly amendment to the motion that any PWC rate increases that affect the City government should be offset by like amount of transfer from PWC to the City to be effective as of the April agreement. Following some discussion Councilmember Bolton accepted the friendly amendment. Councilmember McBryde would not accept the friendly amendment. Therefore, Councilmember Wofford offered his amendment as a substitute motion and to include the wording from Mr. Bolton's motion. Councilmember Bolton seconded the motion. Following lengthy discussion Mayor Dawkins stated for point of information, he asked the City Attorney who is legally and even personally liable for the operation of PWC. Mr. Cogswell responded that it was the City of Fayetteville. This means that PWC cannot be sued. The City of Fayetteville would be named in a lawsuit. There was continued discussion and Mayor Dawkins called for the vote on the substitute motion. The substitute motion failed 2 to 7 with Councilmembers Wofford and Bolton voting yes. Returning to the main motion, the motion carried 7 to 2 with Councilmembers Wofford and Evans voting no. There was some discussion concerning agendas and minutes of the Boards and Commissions. Mayor Dawkins directed the City Clerk to follow up on these being sent to Councilmembers. There being no further business, the meeting was adjourned at 8:22 p.m. upon motion and second. REGULAR MEETING MONDAY, JULY 3, 1989 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, JULY 3, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Horace K. Thompson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Milt Wofford (District 5); and Mark Kendrick (District 6) Others Present: Roger L. Stancil, Assistant City Manager, Operations John B. Brown, Jr., Assistant City Manager, Administration & Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Robert M. Bennett, City Engineer Ronald Hansen, Chief of Police Robert Barefoot, Parks and Recreation Director G. Allen Mitchell, Assistant City/County Planning Director Walter J. Haire, Jr., Housing Inspector Members of the Press Mayor Dawkins called the meeting to order and welcomed everyone to the first regular meeting in July. Chaplin Freddie Hall, Jr., Fort Bragg, offered the Invocation as follows: Almighty God, whose great commandment is that we shall love our neighbor am ourselves, and who has taught us that we should do to others as we would have them to do us, we ask Thy blessings upon the work of this Council. As their purpose is to help their fellow persons and to promote all that is good in the life of our community, so we pray that Thou wilt grant them, at this time, special gifts of wisdom and understanding, of counsel and strength; that upholding what is right, and following what is true, they may obey Thy holy will and fulfill Thy divine purpose. In your Holy Name we pray, Amen. The Pledge of Allegiance to the American Flag was led by the Mayor. Mayor Dawkins noted that the City Manager was absent as he had taken some vacation time to visit his mother. 1. Approval of Agenda: Councilmember Kendrick moved to approve the agenda, seconded by Councilmember Ross 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 Bolton requested to pull Item A. Councilmember McBryde made a notion to approve the consent agenda B. through F. with Item A. having been pulled for discussion. After a second by Councilmember Torrey, the consent agenda and following items were unanimously approved. A. (Pulled for discussion.) B. Approval of tax refunds: 1. Tax refund in the amount of $154.23 to Robert L. Beaty - Clerical error and Military Exemption. 2. Tax refund in the amount of $35.86 to Gold Optical Enterprises - Clerical error - Cost figures overstated 1987 And 1988. 3. Tax refund in the amount of $140.84 to J & M Seafood & Variety - Double listed - 1987 and 1968. 4. Tax refund in the amount of $2.65 to Min-Chuan Ku - Clerical error - Auto valued too high. 5. Tax refund in the amount of $88.33 to Mrs. Charles W. Neugent - Clerical error - Corrected effective age. 6. Tax refund in the amount of $93.81 to J. P. Riddle - Clerical error - Billed in wrong tax district. 7. Tax refund in the amount of $136.43 to Harold D. Thornton - Double listed car - 1987 and 1988. 8. Tax refund in the amount of $52.17 to Sharon L. Widman - Clerical error - Listed in Mecklenburg County for 1988. C. Approval of request for Police weapon and shield from Officer Betty L. Godwin upon her retirement from the Fayetteville Police Department. D. Approval of extension of lease between City of Fayetteville and Abiding Word Fellowship for use of Anderson Street Library Building. E. Approval of request from The Fayetteville Generals for a fireworks display on July 7, 1989. (Approval contingent upon meeting conditions of Fayetteville Fire Chief.) F. Approval of the initial zoning to C1P Shopping Center District from area located east of Legion Road (SR 1132), south of Rustic Trail (SR 3316). Being all of Annexation No. 89-4-321, known as “J. P. Riddle Stadium", based on the following condition: That the proposed initial zoning to C1P Shopping Center District is in conformance with the previous County zoning district designation of the subject property. 2A. Approval of minutes of regular meeting of May 15, 1989. Councilmember Bolton questioned Item 2.F.(3) on page 116, Southland Drive from Arbor Road to Stacy Weaver Drive, in that he understood this item was to be continued in lieu of adopting the Resolution. Following some discussion, Councilmember Wofford moved that the May 15, 1989, minutes be amended to read Item 2.F.(3.) was continued, seconded by Councilmember Kendrick and carried unanimously. At this point the city attorney advised a resolution setting a public hearing date was adopted at the May 15 meeting, and at the June 5 meeting, adoption of resolution declaring costs for paving Southland Drive from Arbor Road to Southland Drive was continued. A motion was made by Councilmember Kendrick to rescind the Wofford/Kendrick motion to amend the minutes, seconded by Councilmember Wofford and carried unanimously. Councilmember Kendrick moved and Councilmember Pillow seconded motion to approve the May 15, 1989, minutes as submitted. Motion carried unanimously. 3. Public Hearings: Mayor Dawkins reviewed the time limits rules. A. Consideration of adoption of a resolution to close streets in the Washington Square Subdivision (Plat Book 12, Page 66) area: City Engineer Bob Bennett presented this item stating the City had received a request from Fayetteville State University to close these streets. FSU and the City of Fayetteville are the only owners of land abutting these streets, and there is no public need for the streets. The city engineer recommended adoption of the resolutions noting that there are utility easements to be reserved as stated in each resolution. 1. Drum Circle from Seabrook Road to Seabrook Road Mayor Dawkins opened the public hearing. As there were none to appear in favor or in opposition, the public hearing was closed. Mayor Pro Tem Evans moved that the resolution be adopted, seconded by Councilmember Torrey and carried unanimously. The title is as follows: A RESOLUTION AND ORDER CLOSING DRUM CIRCLE. RESOLUTION NO. R1989-107. 2. Seabrook Road from Hastie Loop to a point which is located 47.5 feet southwardly from the centerline of the existing pavement of Langdon Street. Mayor Dawkins opened the public hearing. As there were none to appear in favor or in opposition, the public hearing was closed. Councilmember Torrey moved that the resolution he adopted, seconded by Councilmember McBryde and carried unanimously. The title is as follows: A RESOLUTION AND ORDER CLOSING SEABROOK ROAD. RESOLUTION NO. R1989-108. 3. Hastie Loop from Seabrook Road to Seabrook Roed Mayor Dawkins opened the public hearing. As there were none to appear in favor or in opposition, the public hearing was closed. Councilmember Ross moved that the resolution be adopted. seconded by Councilmember Thompson and carried unanimously. The title is as follows: A RESOLUTION AND ORDER CLOSING HASTIE LOOP. RESOLUTION NO. R1989-109. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1989. B. Consideration of adoption of a resolution to pave without petition. City Engineer Bob Bennett presented this item stating these two streets are strip paved with no underground system and with no curbs and gutters. Some temporary repair work has been done by the City. It was recommended to the Streets and Roads Committee that an overall project be adopted to pave both streets as a single project as the drainage system should be interconnected. The Streets and Roads Committee brought the matter before Council and a public hearing was set. Mr. Bennett advised a protest petition was filed against the Dillon Drive paving. Said petition has 17 signatures with there being 27 property owners along Dillon. 1. Dillon Drive from Carlos Avenue to the northern line of Hilltop Subdivision, am recorded in Plat Book 22, Page 57, Cumberland County Registry. Following the questioning of Mr. Bennett by the Councilmembers, Mayor Dawkins opened the public hearing. There were none appearing in favor. Appearing in opposition were the following. Judith Canipe, 2151 Dillon Drive, stated this is a dead-end road with very little traffic. There has not been a drainage problem, and the road is fine. Rosa Goins, 3514 Carlos Avenue, stated her family could not afford a paving assessment due to medical expenses. Regina Filipkowski, 2103 Dillon Drive, concurred with the previous two petitioners and pointed out the inconvenience the residents would be subjected to during the paving. Doris Bentley, 2114 Dillon Drive, stated that at the end of Dillon there is a natural drainage and there is no need for a manmade drainage. As there were none further to appear, the Public hearing was closed. Councilmember Kendrick informed Council that the Fayetteville Streets, Transportation, and Sidewalk Committee reviewed the Dillon Drive not to force a paving on anyone but to offer paving with curb/gutter and drainage system. This being the reason a public hearing was held tonight so the views of the residents could be heard. Councilmember Kendrick then moved that Council decline the street paving for Dillon Drive, seconded by Mayor Pro Tem Evans and carried unanimously. 2. Redstone Drive from Dillon Drive to the southeast corner of Lot 4, as recorded in Plat Book 24, Page 73, Cumberland County Registry. Mayor Dawkins opened the public hearing. Appearing in favor were the following: Joyce Berryhill, 2141 Redstone Drive, stated she had lived at this address for 15 years and Pedstone Drive had not been paved during that time, and there is a great need for drainage. Teresa Wozniak, 2149 Redstone Drive, stated there are numerous potholes on this street and paving was needed. The City Attorney reviewed the discount policy and the payment plan available to the citizens for the payment of assessment cost. If more time was needed for the repayment, he asked that his office be contacted and a payment schedule would be worked out. Raymond Beaman, 2161 Redstone Drive, stated he has lived at this street for over 24 years and it has never been paved. The street needs paving very badly and the drainage problem needs correcting. As there were none to appear in opposition, the public hearing was closed. Councilmember Wofford asked if it would be feasible to curb/gutter and pave Redstone without inclusion of the Dillon Street project. Mr. Bennett answered that there will be some disruption on Dillon but it will be feasible to proceed with the Redstone Drive even though the Dillon Drive project was declined. A FINAL RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF REDSTONE DRIVE FROM DILLON DRIVE TO THE SOUTHEAST CORNER OF LOT 4. RESOLUTION NO. R1989-110. Councilmember Thompson 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 1989. 4. Planning Board Matters: A. Consideration of the rezoning from C1P Shopping Center District to M2 Heavy Industrial District or to a more restrictive zoning classification for an area located at 2139 Owen Drive. (P89-58) This item was presented by Al Mitchell, Planning Department. The planning staff recommended approval of the requested rezoning based on the following: (1) That the 1971 Land Use Plan calls for industrial uses at this location; and (2) That the requested rezoning is a logical extension of the M2 Heavy Industrial District adjacent to the property. Councilmember Wofford offered motion to approve the request for rezoning, seconded by Councilmember Kendrick and carried unanimously. 4B. Consideration of establishing a procedure for renaming or changing the name of a road. Al Mitchell presented a proposed policy establishing procedures for changing existing street names and numbers. Councilmember Wofford suggested and Council agreed that an Item 7. be added to notify the NC Department of Transportation, Postmaster, and Cumberland County. The revised policy is as follows: CITY COUNCIL POLICY ON STREET NAMING/CHANGING A. Designate the Joint Planning Department as the agency to which all such requests are channeled. B. Follow existing County policy as outlined below: 1. Draft ordinance (by Planning Department) 2. Set public hearing 3. Publish notice of public hearing in newspaper one (1) time at least ten (10) days prior to the date of the hearing. (by City Clerk) 4. Send notice to all property owners along the street to be considered for change. 5. Hold public hearing 6. Adopt ordinance, if change desired, after hearing is closed. 7. Notify the Department of Transportation (Division Engineer), Postmaster, and Cumberland County (County Manager). (by City Clerk) Councilmember Ross moved to adopt the foregoing policy, recommended by Mayor Pro Tem Evans and carried unanimously. 4C. Consideration of a street name change for Purdue Drive/Cheselka Street Connection. This item was presented by Al Mitchell. Councilmember Wofford moved that a Public Hearing be set for August 7, 1989. Motion was seconded by Councilmember Bolton and carried unanimously. 5. Consideration of a drainage system to serve an area west of the All-American Expressway, including the Drake Park Subdivision area: A. Engaging an engineering consultant to update an existing drainage plan for this area. B. Resolution asking NC DOT for cost participation in construction of this project. City Engineer Bob Bennett presented this item stating in 1974 a developer proposed a development on that land that is now a golf driving range on the west side of the All-American Expressway. In coordination with the City, NC Department of Transportation completed the engineering work for an underground drainage main line system to serve this area; however, by that time, the developer's company announced receivership. In the recent bond issue for drainage, this project was listed for consideration due to the benefit to the property that is in the City and also this whole area say be annexed someday. The engineering staff has met with the Highway Division and they recognize their streets need a drainage outfall and advise that upon a resolution from Council they will consider some cost participation. Mayor Pro Tem Evans moved that the City Manager be authorized to negotiate with an engineering consultant to update an existing drainage plan for this area, and Council adopt the resolution asking NC DOT for cost participation in construction of this project. Councilmember Ross seconded the motion which carried unanimously. The title is as follows: A RESOLUTION BY THE CITY COUNCIL REQUESTING NC DOT PARTICIPATION IN A DRAINAGE PROJECT WEST OF THE ALL-AMERICAN EXPRESSWAY INCLUDING THE DRAKE PARK AREA. RESOLUTION NO. R1989-111. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. 6. Consideration of a new Section 21-55 of the Fayetteville City Code, “Loitering for the purpose of engaging in drug related activity". This item was presented by Roger Stancil, Assistant City Manager for Operations, stating Councilmember Ross had brought to staff's attention a similar ordinance drafted by the City of Wilmington. After talking with the City of Wilmington, their ordinance was used as a model. Staff recommends adoption of this ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE CREATING A NEW SECTION 21-55 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. (LOITERING FOR THE PURPOSE OF ENGAGING IN DRUG-RELATED ACTIVITY) ORDINANCE NO. S1989-19. After Council's questioning of staff, it was determined the effective date of the ordinance would be July 17, 1989. Following further discussion, Councilmember Bolton introduced the foregoing ordinance and moved its adoption as presented with an effective date of July 17, 1989, seconded by Councilmember Ross and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book S1989. 7. Consideration of adoption of a demolition ordinance for property located at 211 Deep Creek Road (Owner - Ms. Leola V. Devane, Et Al) This item was presented by Building Inspector Walter Haire. He stated this house has been condemned by the City and has been repossessed by the Veterans Administration. Mr. Haire advised a Mr. Hill with Hill's Real Estate was present and wished to speak on behalf of the Veterans Administration. Mr. Hill came forward and stated VA needs 30 to 60 days in order to evict the tenants and an additional five to ten days to clean and secure the property. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA REQUIRING THE CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. (211 Deep Creek Road) ORDINANCE NO. NS1989-18. Councilmember Wofford introduced the foregoing ordinance and moved its adoption with an effective date of October 1, 1989. Motion was seconded by Councilmember Ross and carried by a vote of 7 to 2 with Councilmembers Bolton and Kendrick voting against. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book NS1989. 8. Appointments: A. Election to fill one vacancy on Parks and Recreation Advisory Commission. Councilmember McBryde moved to elect by acclamation, J. Russell Warner, 2627 Mirror Lake Drive, Fayetteville, NC 28303, to fill the school category with term ending October 1991; vote was unanimous. B. Nomination/Election to fill one vacancy on the PWC Retirement Board. Councilmember Pillow moved to elect by acclamation, Benson Otovo, 3310 Scotty Hill Road, Fayetteville, NC 28303, to fill the accountant category with term ending June 30, 1994; vote was unanimous. C. Nomination/Election to fill eight vacancies on the Fayetteville Revitalization Commission. Councilmember McBryde moved that the nominations made at the last meeting be elected by acclamation as follows: Joel Schur 2-year term William Pollitt 2-year term Susan Cheek 2-year term Joe Nolinshed 2-year term Ruby Murchison 2-year term Ashton Lilly Fox 2-year term Stanley L. Mclnnis 1-year term Frank D. Holding, Jr. 1-year term Vote was unanimous. D. Nomination to fill two vacancies on the Board of Adjustment. Councilmember Thompson nominated D. Ralph Huff, 3669 Glenberry Place, Fayetteville, NC 29304. As there was only one nomination, Mayor Dawkins asked that this item be carried over to the next regular meeting. E. Nominations to fill one vacancy on the Redevelopment Commission. There were no nominations to fill the unexpired term of Richard Griffin. F. Nominations to fill three vacancies on the Taxicab Review Board. Mayor Pro Tem Evans nominated Sam F. Gerald, Jr., Hillsboro Taxi Co. Councilmember Bolton nominated D. Paige Tart, AAA/Checker Cab Company; and Councilmember Ross nominated a Mr. Bell. Councilmember Pillow recommended that each nominee should represent a different taxicab company. 9. Administrative Reports - None Councilmember Thompson requested to schedule a Buildings, Property, and Grounds Committee Meeting for July 19, 1989, at the Kyle House. Councilmember McBryde directed staff's attention to the information letter in the agenda packet from Charles Holt, Holt Oil Company. He requested staff to check into the possible annexation of the on/off ramp at Exit 49 and bring to Council a cost estimate. There being no further business, the meeting was adjourned at 8:45 p.m. REGULAR MEETING MONDAY, JULY 17, 1989 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, JULY 17, 1989 7:00 P.M. PRESENT: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Horace K. Thompson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); and Mark Kendrick (District 6) ABSENT: Milt Wofford (District 5) - Excused absence Others Present: John P. Smith, City Manager John B. (Ben) Brown., Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to City Manager Jason Brady, Public Information Officer Al Mitchell, Assistant City/County Planning Director Richard Herrera, Community Services Director William T. Ray, Airport Manager Robert Barefoot, Parks and Recreation Director Walter J. Haire, Jr., Housing Inspector Members of the Press Mayor Dawkins called the meeting to order and called on Walter Haire, Housing Inspector, to offer the invocation. The Mayor led the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins presented the Certificate of Appreciation from the Parks and Recreation Department and the $50.00 savings bond from the Kiwanis Club to Darius Bullock, FCCYC Youth of the Month. Council was in agreement to schedule a joint meeting with the Public Works Commission for August 9, 7:00 p.m., at the Cross Creek Plant. City Manager Smith requested that Item 8 be excluded from the agenda due to some technical issues that have come up during staff discussion. Also, Mr. Haire has a family emergency that has come up and has requested that Item 7 be moved up to after consent. Council was in agreement. Councilmember Bolton stated he has received a request to delay Item 3.B. Councilmember Ross moved to postpone Item 3.B. to the September 5 regular meeting, seconded by Councilmember Bolton and carried 6 to 2 with Councilmembers Evans and Kendrick voting against. Councilmember Thompson requested to refrain from voting on Item 4 dealing with Prince Charles Hotel as he has done in the past. Mayor Dawkins asked if there was any objections from Councilmembers and there were no objections. 1. Approval of Agenda Councilmember Bolton moved to approve the agenda as amended, seconded by Councilmember Pillow and carried unanimously 8 to 0. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Thompson requested to pull Item H. Councilmember Kendrick made a motion to approve the consent agenda Items A through K with the exception of Item H having been pulled for discussion. After a second by Councilmember Torrey, the consent agenda and following items were unanimously approved. A. Approval of the rezoning from R10 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 500 Middle Road (SR 1728). (P89-80) B. Approval of the initial zoning to R6 Residential District and PND Planned Neighborhood Development District for an area located north of Saddle Ridge Road (SR 2441) west of Jacob Street (SR 2421) and being south of Andrews Road (SR 1611). Being all of Annexation No. 89-5-323, known as “Kings Grant Club Property." (P89-84) C. Approval of Grant Agreement with N.C. DOT for Airport Project No. 9.644891. A motion was made and seconded for the adoption of the following resolution, and upon being put to a vote was duly accepted. WHEREAS, a grant in the amount of $53,282.00 has been approved by the department; and WHEREAS, an amount equal to or greater than the approved grant has been appropriated by the sponsor for this project. NOW THEREFORE, be that it is resolved that the Mayor of the sponsor be and he hereby is authorized and in power to enter into a grant agreement with the department, thereby binding the sponsor to the fulfillment of its Obligation incurred under this Grant Agreement or any mutually agreed upon modification thereof. D. Approval of Subordination Agreement for Fayetteville Air Service Fuel Farm. E. Approval of ordinance imposing a lien on property located at 212 Craven Street (Owners: James and Louise Bently). AN ORDINANCE IMPOSING A LIEN. ORDINANCE NO. NS1989-19. Adopted at 7:20 p.m., a copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book NS1989. F. Adoption of Resolution confirming cost and adoption of resolution fixing date of public hearing for August 7, 1989, for the following: Paving: 1. Sherrerd Drive A RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF SHERRERD DRIVE (FROM COCHRAN AVENUE TO KIRKLAND DRIVE). RESOLUTION NO. R1989-112. 2. Par Drive A RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF PAR DRIVE (FROM RAMSEY STREET TO DEAD END). RESOLUTION NO. R1989-113. Street Drainage Construction: 1. From Murchison Road to Cross Creek A RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR DRAINAGE ASSESSMENT (BETWEEN MURCHISON ROAD AND CROSS CREEK). RESOLUTION NO. R1989-114. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1989. G. Adoption of Capital Project Ordinances CAP 90-1, CAP 90-2, and CAP 90-3. Capital Project Ordinance 90-1 sets up the 1989 Community Developing Block Grant Program in the total amount of $945,000.00. Monies will be spent as follows: Elderly/Handicapped Rehabilitation Program $300,000.00 Savoy Heights Area Rehabilitation $250,000.00 EleanOr Avenue Rehabilitation $106,000.00 Downtown Loan Program $100,000.00 Administrative Expenses $189,000.00 Capital Project Ordinance 90-2 establishes a project for the construction of a taxi-cab stand at the Airport. Funding will come from taxi-license fee revenues. Capital Project Ordinance 90-3 sets up the City's Vehicle Replacement Program. Funds generated from internal lease payments and fuel surcharges. Copies of the foregoing ordinances are on file in the Clerk's office in Capital Project Ordinance Book 1989. H. (Pulled for discussion.) I. Award of contract for purchase of two (2) 2500 Substation Class Transformers in the amount of $49,296.00 and two (2) 1500 KVA Padmount Transformers in the amount of $33,182.00 to Mill Power Supply Company, low bidder. (PWC) J. Award contract for purchase of one hundred fifty (150) 25 KVA Overhead Transformers in the amount of $85,012.50 to Eastern Electric Supply Company, low bidder. (PWC) K. Award of contract for Electronic Fueling System and Canopy for new fleet maintenance facility to Jones & Frank, Raleigh, N.C., low bidder, in the amount of $176,562.00. (PWC) 2H. Adoption of Capital Project Ordinance Amendment Change 90-1 (CAP 87-899). Councilmember Thompson stated he wanted these funds to be used for the Linear Park project instead of the Clark Park improvements, at this time. Following some discussion, Mayor Pro-Tem Evans moved to transfer these funds to Linear Park, seconded by Councilmember Thompson. Following a tie vote, the motion carried 5 to 4 with Mayor Dawkins breaking the tie by voting in favor. Voting in opposition were Councilmembers Ross, McBryde, Bolton, and Kendrick. A copy of the foregoing ordinance amendment is on file in the Clerk's office in Capital Project Ordinance Book 1989. 7. Consideration of adoption of demolition ordinances for the following properties: A. 427 Bryan Street (Owners: Leon W. Bunce) Walter Haire presented this item stating that Mr. Bunce is purchasing the property from Mrs. Grace P. Raynor. Mrs. Raynor has stated she has no desire to fix up this property. Councilmember Ross was recognized stating she wanted to appeal as a private citizen. She stated this building is a hazard and is a shelter for undesirables. 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 (427 BRYAN STREET). ORDINANCE NO. NS1989-20. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0. B. 317 Waddell Drive (Owners: George and Susan Bass) Walter Haire presented this item stating that the only hazard this building is water and sewer. He can recommend a 90-day extension. Mr. George Bass, 724 Carnegie Street, was recognized asking for a 120-day extension. 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 (317 WADDELL DRIVE). ORDINANCE NO. NS1989-21. Councilmember Bolton moved to give a 120-day extension with the condition that no one live in the home, seconded by Councilmember Ross and carried unanimously 8 to 0. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinances Book NS1989. 3. Public Hearings: Mayor Dawkins reviewed the time limit for the public hearings. A. Consideration of construction of an underground drainage system in a portion of Windsor Terrace Subdivision, south of Oakland Drive. City Engineer Bennett presented this item stating that this public hearing was advertised and all property owners notified. The assessment would be 50 percent by property owners and easement furnished by property owners. The City Attorney added that the 30 percent discount applies to the drainage as well as paving assessments. The public hearing was opened and there was none to speak in favor. Appearing in opposition was John McKimmon, 279 North Windsor Drive, stating he will be retiring in January at the age of 30 and cannot afford to pay the assessment. Also appearing in Opposition was George Davis, Jr., 207 Oakland Drive, Lot 50. Mr. Davis stated that the ditch does not bother him as long as it is cleaned out. Craig Williams, 111 Scale Street, Rockingham, North Carolina, owner of Lot 39 Windsor Drive, stated he has had no complaints from its tenants concerning the conditions of the area. There being none further to be heard on this matter, the public hearing was closed. Following some discussion, Councilmember Bolton offered a motion to pipe Lots 55 and 56 and clean out the rest of the ditch, seconded by Councilmember Thompson. There was further discussion. Mayor Pro-Tem Evans offered substitute motion to continue the action until the two property owners had been notified of the cost, seconded by Councilmember Kendrick and carried unanimously 8 to 0. B. Consideration of the rezoning from P2 Professional District to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the southwest corner of the intersection of Pamalee Drive (US 401 Bypass) and Cain Road. (P88-150) (Postponed to September 5.) C. Consideration of the initial zoning to PND Planned Neighborhood District for an area located north of Country Club Drive (US 401 Bypass), between Green Valley Road and Lake Bend Drive. Being all of Annexation No. 89-4-321, known as “Country Club Hills-Section 1," and being annexed by the City Council of the City of Fayetteville, North Carolina, on April 30, 1989. (P89-60) This item was presented by Al Mitchell stating that the property owners had been notified of this advertised public hearing. The Planning Staff recommends approval of the proposed PND initial zoning because it is in conformance with the previous County zoning district designation of the subject property. Mayor Dawkins opened the public hearing and recognized Dohn Broadwell, 110 Lamb Street, petitioner. Mr. Broadwell stated they had no use for a PND zoning. R10 would fit their intentions for the use. Appearing in opposition to the PND zoning was Jonathan Charleston, representing the residents of the area known as Country Club Hills. Following some discussion, Councilmember Thompson offered motion to initially zone this area to R10 Residential, seconded by Councilmember Pillow and carried unanimously 8 to 0. D. Consideration of adoption of resolution declaring cost for paving of Southland Drive from Arbor Road to Stacy Weaver Drive in College Lakes. (Continued from June 5, 1989) Mr. Smith stated he is recommending that this hearing be continued to August 7 since they do not have the City's appraisal. The affected property owners have been notified of the recommended continuation. Councilmember Bolton moved to continue the public hearing to August 7, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 4. Consideration of parking plan for Prince Charles Hotel, Social Services, and City Hall. Mr. Smith presented this item and stated they are asking Council to review the overall site plan and concept and hopefully approve the overall concept so that work can begin and bidding on phase basis. He introduced Herb McKim of Ballard, McKim and Sawyer. Mr. McKim presented the site plan to Council which includes 400 parking spaces for Social Services, 162 spaces for the hotel, and 150 spaces for City Hall and Amtrak on the hotel side of the street. Mr. McKim stated that from the information he has, this proposed plan will meet the needs of the downtown parking for the projects. Councilmember McBryde stated he is riot opposed to the parking plan but is opposed to the City Hall project, therefore he must vote against the plan. Councilmember Pillow offered motion to approve the plan as presented, seconded by Councilmember Ross and carried 4 to 3 with Councilmembers McBryde, Bolton, and Evans voting against and Councilmember Thompson refraining from voting by consent. At this time, Mayor Dawkins offered condolences to the family of Robert T. Beasley, driver with the City F.A.S.T. bus system. Mr. George Howard, past Airport Commission Chairman, also passed away. 5. Consideration of approval of Supplemental Agreement Number 15 between City of Fayetteville and Wilbur Smith and Associates. This item was presented by Airport Manager Tom Ray stating that the entire project would be in the amount of $114,000.00. Councilmember Bolton offered motion to approve the Supplemental Agreement Number 15 as requested, seconded by Councilmember Torrey and carried unanimously 8 to 0. 6. Consideration of award of contract for purchase of automotive diagnostic machine to Sun Electric Corporation, the only bidder. This item was presented by Assistant City Manager Ben Brown. The previous vendor agreed that after several tries his equipment would not work for us. Mr. Brown stated they redid the bid and are requesting Council award to the lowest responsible bidder of Sun Electric Corporation in the amount of $27,859.70. Councilmember Thompson offered motion to award to the lowest responsible bidder as recommended, seconded by Councilmember Ross and carried unanimously 8 to 0. 7. (Item 7 considered before Item 3) 8. Consideration of revisions to Section 17-13.1 of the Fayetteville City Code regarding “Waiver of penalties for engaging in business without a license." (Deleted from agenda.) 9. Consideration of operating agreement for service space between Cumberland County Mental Health and City of Fayetteville Parks and Recreation Department for joint use of the USO Building. This item was presented by Parks and Recreation Director Robert Barefoot requesting approval of the operating agreement to be used for Cumberland County Mental Health handicap/retardation recreational facilities. Councilmember Ross moved to approve the agreement as recommended, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. 10. Consideration of adoption of a “Fair Housing" ordinance for the City of Fayetteville. The City Attorney presented this item. There are some recommended changes as follows: Delete section 11-7(a)(3); section 11-5(c)(2); section 11-7(b) will add the handicapped wording; and section 11-5(c) contains the restrictive covenants. Council also agreed that section 11-11(a) should include a category for an attorney at law on the hearing board. AN ORDINANCE CREATING A NEW CHAPTER 11, “FAIR HOUSING". ORDINANCE NO. S1989-20. Mayor Pro-Tem Evans moved to adopt the foregoing ordinance with the changes and corrections as recommended, seconded by Councilmember Ross and carried 6 to 2 with Councilmembers McBryde and Bolton voting against. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book S1989. 11. Appointments: A. Nominations/Elections to fill two vacancies on Board of Adjustment. D. Ralph Huff was nominated by Councilmember Thompson at the last meeting. Councilmember Thompson nominated Ken C. Lancaster, Jr. Councilmember McBryde moved to elect Mr. Huff and Mr. Lancaster by acclamation, seconded by Councilmember Bolton and carried unanimously 8 to 0. B. Nominations/Elections to fill three vacancies on Taxicab Review Board. Councilmember Ross stated that Mr. Bell, previously nominated to this Board, would be unable to serve. Councilmember Bolton moved to elect Sam Gerald for a second term to July 1991 and D. Paige Tart to a term of July 1991, seconded by Councilmember Kendrick and carried unanimously. C. Nominations are still needed for an alternate to this Board. Nominations to fill one vacancy on Fayetteville Redevelopment Commission. No nominations. 12. Administrative Reports: A. Statement of taxes collected for the month of June, 1989, from the Cumberland County Tax Collector. The statement of taxes was submitted showing a total collections of $35,642.72. B. Presentation of citizen survey on police services. Daryl Champion, Fayetteville Technical Community College, showed slides of the survey and stated that the results will be used for self-improvement and higher quality of services to the citizens through the Police Department. Mayor Pro-Tem Evans offered motion to cancel the information meeting for July 24, seconded by Councilmember Kendrick and carried unanimously. There being no further business, the meeting was adjourned at 9:45 p.m. REGULAR MEETING MONDAY, AUGUST 7, 1989 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, AUGUST 7, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Horace K. Thompson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Milt Wofford (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Robert M. Bennett, City Engineer Louis A. Chalmers, Jr., Traffic Services Director Walter J. Haire, Jr., Housing Inspector Ralph Hamilton, Assistant Airport Manager G. Allen Mitchell, Assistant City/County Planning Director Guy Cayton, General Electric Representative Sally Gilmore, Bond Counsel, Hunton-Williams, Raleigh, NC Willis Herring, Motorola Dealer Members of the Press The invocation was offered by Reverend John Godbolt, Christ Gospel Church, followed by the Mayor leading in the Pledge of Allegiance. RECOGNITION: Takeshia Quick and Talita Williams (To represent Fayetteville in the National Hershey's Track and Field Meet in Hershey, Pennsylvania, August 10-13, 1989.) 1. Approval of Agenda Councilmember Bolton moved to approve the agenda as submitted, seconded by Councilmember Kendrick and carried unanimously. Councilmember Thompson stated that he would need to refrain from voting on Item 4, dealing with the City Hall and Prince Charles Hotel project, as in the past. Councilmember Wofford moved to grant the request for Councilmember Thompson to refrain from voting on Item 4, 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 Kendrick requested to pull Item 2.B. for correction of minutes. Councilmember Thompson made a motion to approve the consent agenda and each item as presented with the exception of Item 2.B. After a second from Councilmember Bolton, the consent agenda and following items were unanimously approved. A. Approval of minutes of regular meeting of June 5, 1989. C. Adoption of resolution authorizing the advertising for sale of Lots 1-4, 17 & 18, Block “C", East Acres Subdivision area, Plat Book 15, Page 54, Cumberland County Registry. A RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1989-116. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. D. Set public hearing for September 5, 1989, to consider amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32, Article II - Establishment of Districts and the purpose thereof, Section 32.2 “District Designated; Purposes" by adding the MH(O) Manufactured Housing Overlay District; amending Article III - General Provisions, Section 32-5 “Definitions" by adding the definitions of a manufactured home, a Class A manufactured home, a Class B manufactured home, a Class C manufactured home, a modular home and a travel trailer; amending Article IV - District Use Regulations by creating Section 32-21.2 “MH(O) Manufactured Housing Overlay District" to list the permitted uses in this district. (P89-73) E. Adoption of Budget Ordinance Amendment Change 90-1. To transfer monies to the City's Vehicle Replacement Program and the Building Maintenance PrOgram capital projects. $141,709.00 for Vehicle Replacement Program - generated from our internal lease payments and fuel charges during the past fiscal year. $8,500.00 was left over from last year's Building Maintenance Program. F. Adoption of Capital Project Ordinance Amendments 90-1 and 90-2 and Capital Project Ordinances 90-4 and 90-5. Amendment 90-1 increases the Market Square Beautification Project by $20,160.00 - budgeted and transferred from the General Fund during FY 88-89. Amendment 90-2 to account for $22,523.00 received by the Police Department from the Federal Drug Forfeiture Program. Ordinance 90-4 is to set up the Building Maintenance Program. Ordinance 90-5 is to set up the Linear Park project, utilizing a transfer from General Fund of $22,000.00 and $2,322.00 from a prior Linear Park project that has been completed. G. Approval of technical corrections to Ordinance No. S1987-38 and Section 22-21 “Personnel" of the Fayetteville City Code. AN ORDINANCE AMENDING ORDINANCE NO. S1987-38 OF THE CITY OF FAYETTEVILLE (SECTION NUMBER). ORDINANCE NO. S1989-21. AN ORDINANCE AMENDING SECTION 22.21 OF THE CITY CODE, “PERSONNEL" (PERSONNEL REVIEW BOARD). ORDINANCE NO. S1989-22. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinances Book S1989. H. Award of contract for purchase of URD Cable to Rigby Electric Supply, low bidder, in the amount of $56,200.00. (PWC) Bids were received as follows: Eastern Electric Supply, Inc. $60,000.00 Hesco, Inc. No Bid Mill-Power Supply Company $59,600.00 Westinghouse Electric Supply Company $60,950.00 Tennessee Valley Electric Supply Company $61,500.00 Rigby Electric Supply, Inc. $56,200.00 Electrical Equipment Company No Bid Power and Telephone Supply Company $63,550.00 I. Adoption of revisions to Traffic Schedules, Chapter 20 of the Fayetteville City Code, Article IX: 1. Schedule 56 - Stop Intersections and Schedule 514 - Yield Right Of Way AN ORDINANCE AMENDING CHAPTER 20-106 (TRAFFIC SCHEDULE NO. 6 - STOP INTERSECTIONS, VARIOUS STREETS). ORDINANCE NO. NS1989-22. AN ORDINANCE AMENDING CHAPTER 20-106 (TRAFFIC SCHEDULE NO. 14 - YIELD RIGHT-OF-WAY, WAGONER DRIVE). ORDINANCE NO. NS1989-23. 2. Schedule 58 - Speed Control AN ORDINANCE AMENDING CHAPTER 20-106 (TRAFFIC SCHEDULE NO. 5 - SPEED CONTROL, OLD FAYETTEVILLE COMMONS). ORDINANCE NO. NS1989-24. 3. Schedule 510 - Loading Zones AN ORDINANCE AMENDING CHAPTER 20-106 (TRAFFIC SCHEDULE NO. 10 - LOADING ZONES, PERSON STREET). ORDINANCE NO. NS1989-25. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinances Book NS1989. Councilmember Kendrick requested a correction to the June 5 minutes on page 132, Item 3C second to the motion should be by Councilmember Kendrick instead of McBryde. He then moved that the minutes of June 5 meeting be approved with the correction, seconded by Councilmember Torrey, carried unanimously. 2B. Adoption of resolution setting a public hearing for September 5, 1989, for closing a portion of Fargo Drive north of Village Drive. A PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE FARGO DRIVE. RESOLUTION NO. R1989-115. Councilmember Kendrick moved to adopt the foregoing resolution, seconded by Councilmember Torrey and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. At this time Mayor Dawkins reminded everyone of the joint workshop with PWC on Wednesday, August 9, at 7:00 p.m., at the Cross Creek Wastewater Plant. Mayor Dawkins then reviewed the policy of the public hearing time limit. 3. Public Hearings: A. Consideration of adoption of a resolution confirming the assessment roll for paving of Southland Drive from Arbor Road to Stacy Weaver Drive. (Continued from June 5, 1989) The City Attorney submitted a certificate showing notices of the hearing on the preliminary assessment roll were mailed to owners of property shown on the roll. He referred to a paragraph on page 131 of the City Council minutes for June 5 as follows: “Councilmember Bolton stated that the residents facing Chesapeake with rear yards on Southland Drive are planning to get appraisals on their property also; and since the public hearing was closed on this item, Councilmember Bolton offered motion to continue the public hearing to July 17 on Item 3 A.3., Southland Drive, seconded by Mayor Pro-Tem Evans and carried unanimously 7 to 0 by voice vote." City Engineer Bennett stated that the appraiser submitted information that access could be made from the rear of the lots but would not be the primary access. Therefore, Mr. Bennett recommended adjustment be made as submitted in pencil on the assessment roll. A copy is attached to and made a part of these minutes. Mayor Dawkins opened the public hearing at 7:20 p.m. and recognized Mr. Bob Harmon, 5076 Chesapeake Drive. He stated he had received an appraisal in December of 1987 for a second mortgage. The appraiser submitted a letter to Mr. Harmon stating that the paving of this street would not increase the value of his property. Mr. Harmon supplied a copy of the letter to Councilmembers. Mrs. Anton Michaels, 1040 Cain Road, owner of Lot 69 on Southland Drive, questioned if there would be any changes to the assessment to her property. Mayor Dawkins responded that this public hearing was for those lots facing Chesapeake with rear yards on Southland Drive only. There being none further to be heard, the public hearing was closed. Following some discussion, Councilmember Bolton moved to approve the assessment roll with the exception of the five lots in question. The motion died for lack of second. Councilmember Wofford moved to approve the assessment roll with the recommended changes to the five lots in question and adopt the resolution confirming the assessment roll and levying assessments, seconded by Councilmember Pillow. Following further discussion, Mayor Pro-Tem Evans called the question. Mayor Dawkins called for a vote on ceasing debate and it passed unanimously. He then asked for a vote on the main motion which was to approve the assessment roll with the changes as recommended and the motion carried unanimously at 7:35 p.m. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (SOUTHLAND DRIVE). RESOLUTION NO. R1989-117. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. B. Consideration of resolution requiring the construction of a storm drainage system across Lots 55 & 56, Windsor Terrace Subdivision, Section Two. City Engineer Bennett presented this item stating that at the July 17 public hearing on this matter, Council instructed that the property owners across Lots 55 and 56 be informed as to the estimated amount of the assessment across their lots, and that this item would be continued with respect to these two lots at the August 7 Council meeting. His contact with Ms. Carrie McDougald, Lot 56 at 219 Oakland Drive, revealed they would like to have this work done but could not afford the assessment. It is Mr. Bennett's recommendation to clean the entire drainage ditch rather than break up the length of the street. Mayor Dawkins opened the public hearing at 7:35 p.m. and there being none to speak in favor or against this matter, the public hearing was closed. Following some discussion, Mayor Pro-Tem Evans moved to not adopt the resolution, seconded by Councilmember Ross and carried 8 to 1 with Councilmember Torrey voting against. C. Consideration of a street name change, Cheselka Street to Purdue Drive. Al Mitchell presented this item stating that the Planning Board staff recommends adoption of the ordinance. Mayor Dawkins opened the public hearing at 7:40 p.m. and there was none to speak in favor or against this item and the public hearing was closed. City Manager Smith made a suggestion that the effective date of this name change be upon completion of the construction of the project to prevent having two Purdue Drives. Mr. Bennett stated that the construction completion target date is December 31 but this may be extended. AN ORDINANCE CHANGING CHESELKA STREET NAME TO PURDUE DRIVE. ORDINANCE NO. NS1989-26. Councilmember McBryde introduced the foregoing ordinance and moved its adoption to be effective January 1, 1990, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book NS1989. D. Consideration of adoption of resolution confirming assessment role for the following: The City Attorney presented a certificate showing notices of the hearing on the preliminary assessment roll were mailed to owners of property shown on the roll for the paving and street drainage construction. Paving: 1. Sherrerd Drive Mayor Dawkins opened the public hearing at 7:46 p.m. and there was none to be heard on this matter. The public hearing was closed. A RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1989-118. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Wofford and carried unanimously at 7:46 p.m. 2. Par Drive The public hearing was opened and there was none to be heard on this matter. The public hearing was closed. A RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1989-119. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Ross and carried unanimously at 7:47 p.m. Street Drainage Construction: 1. From Murchison Road to Cross Creek The public hearing was opened at 7:48 p.m. and there was none to be heard on this matter. The public hearing was closed. A RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1989-120. Councilmember Pillow introduced the foregoing resolution and moved its adoption, seconded by Councilmember Torrey and carried unanimously at 7:48 p.m. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1989. 4. Consideration of Resolution approving form of documents and other matters relating to City Hall Installment Sale obligations. Sally Gilmore, Bond Counsel, presented this item and stated they had slightly revised the resolution at the request of the underwriter due to a lower interest rate, which would be a substantial savings for the City. She added that the completion date needs to be extended for three weeks (June 21, 1990). Mayor Pro-Tem Evans requested the records to show that she resents the word “obligation" and wants it removed. Ms. Gilmore responded that the word obligation was used in the context that they have to create an obligation for there to be a debt. There is an obligation to pay that back, but no obligation to appropriate funds. The City is not obligated to make payments on those obligations each year. She added that the money for construction at this point is coming from borrowed funds and not from City coffers. The following resolution was discussed and its title was read: A RESOLUTION APPROVING FORM OF DOCUMENTS AND OTHER MATTERS RELATING TO CITY HALL INSTALLMENT SALE OBLIGATIONS. RESOLUTION NO. R1989-121. Councilmember Pillow introduced the foregoing resolution and moved its adoption, seconded by Councilmember Ross and carried 5 to 3 with Councilmembers Evans, McBryde, and Bolton voting against. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions book R1989. 5. Consideration of adoption of demolition ordinances for properties located at 116, 200 and 202 Waddell Drive (Owners: George and Susan Bass). This item was presented by Walter Haire recommending that this building be demolished. 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 (116 WADDELL DRIVE). ORDINANCE NO. NS1989-27. Councilmember Pillow introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Torrey and carried unanimously. Walter Haire stated that Mr. George Bass wished to speak to Council on the property located at 200 and 202 Waddell Drive. Mr. Bass was recognized and stated he had talked with Police Sergeant Moore who had expressed a desire to use this building for training in approximately 30 days. Mr. Bass asked for a 90-day extension before demolishing the houses. He has no desire to bring these buildings up to code. 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 (200-202 WADDELL DRIVE). ORDINANCE NO. NS1989-28. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Thompson and carried unanimously. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinances Book NS1989. 6. Consideration of award of contract for purchase of fire truck and radio equipment for the Fayetteville Regional Airport. Mayor Dawkins stated that if there were no objections, he would hear from Mr. Guy Cayton who had requested to be heard on this matter. There were no objections. Mr. Cayton stated that he was a GE dealer and feels an injustice is being done in that he feels the specifications for equipment are being written without regard to price, which affects the taxpayers. Councilmember Pillow asked Mr. Cayton if he had submitted a bid. Mr. Cayton responded that he had not because he did not feel they would have been fairly looked at. Councilmember Pillow then stated to Mr. Cayton that if he did not submit a bid, he could not know how they would look on his bid. Councilmembers Evans and Thompson questioned Mr. Cayton's reason for not placing a aid and was informed that he felt the specifications were written for one product only and he would not be able to meet the specifications. Councilmember Bolton requested to hear Mr. Willis Herring, a Motorola dealer, if there were no objections. Mayor Dawkins recognized Mr. Herring when no objections were received. Mr. Herring stated he should clarify that there are two parts to Motorola. One is Motorola Communications, whose equipment is sold strictly by a salesman from the Motorola factory and not by a dealer. Mr. Herring stated that his line of equipment was called Motorola Radius, which is a compatible line of equipment up to a point--such as frequency and power on some of the portables. Mr. Herring stated that what bothered him about this particular bidding was the fact that it was restricted to only the factory. He further stated that he feels this limits the governments in their buying power. He concluded by stating if the specifications were not so restrictive, he feels he could have had a chance and would personally like to have this item bid over. Mr. Smith presented this item and concluded by stating that using manufacturer's specification is not out of the ordinary--they ask for that or the equivalent. This is not an intent to eliminate dealers bidding. He stated we might need to look at the wording concerning manufacture of product to eliminate misinterpretations. The bid request asks for the bidder to state any deviations. One bid was received. Following lengthy discussion, Councilmember Pillow moved to award the contracts to the low bidders, seconded by Councilmember Torrey. Councilmember Bolton offered a substitute motion to award the contract on the fire trucks and reject the bid on the radio equipment, seconded by Mayor Pro-Tem Evans. Mr. Smith alerted Council that all of this bidding is part of the same grant and subject to FAA approval. There was further discussion and Mayor Dawkins called for a vote on the substitute motion. It failed 2 to 7 with Councilmembers Bolton and Evans voting in favor. Mayor Dawkins returned to the original motion to award the contracts to Motorola Communications and Electronics, Inc., in the amount of $44,553.00. The motion carried 7 to 2 with Councilmembers Bolton and Evans voting against. 7. Consideration of revisions to Section 17-13.1 of the Fayetteville City Code regarding “Waiver of penalties for engaging in business without a license." This item was presented by City Attorney Cogswell stating that the main purpose for this ordinance is to solve the problem of those businesses in the recently-annexed areas who claim they were unaware they had to obtain a privilege license and have been assessed a penalty of 5 percent per month by the Finance Department. This ordinance is to give authority to the City Manager to waive or reduce the penalty upon notarized proof. Appeals will be made to City Council. Councilmember Wofford stated that he felt a correction should be made on page 2 of the proposed ordinance showing the decision be made by the City Manager rather than the deputy tax collector. Mr. Cogswell responded this was an oversight and it would be corrected. AN ORDINANCE CREATING A NEW SECTION 17-13.1 “WAIVER OF PENALTIES FOR ENGAGING IN BUSINESS WITHOUT A LICENSE." ORDINANCE NO. S1989-23 Councilmember McBryde introduced the foregoing ordinance and moved its adoption with the correction, 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 S1989. 8. Consideration of recision of Paragraph 11-5(a) of the Fayetteville City Code. The City Attorney referred to his memorandum to Council concerning this item. AN ORDINANCE AMENDING CHAPTER 1-5 “FAIR HOUSING." ORDINANCE NO. S1989-24. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book S1989. 9. Consideration of adoption of resolution supporting Senate Bill 1331 of the General Assembly of North Carolina, 1989 Session. This item was presented by Councilmember Bolton having been placed on the agenda at his request. A RESOLUTION SUPPORTING SENATE BILL 1331 OF THE GENERAL ASSEMBLY OF NORTH CAROLINA 1989 SESSION. RESOLUTION NO. R1989-122. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Wofford 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 R1989. 10. Appointments: A. Nominations to fill one vacancy on Taxicab Review Board. No nominations were made. B. Nominations to fill one vacancy on Fayetteville Redevelopment Commission. Councilmember Bolton nominated John Hood, 3363 Quarry Drive, to fill the unexpired term of Richard Griffin to December 1989. 11. Administrative Reports: A. Report on suggested Roxie Avenue annexation. Mr. Smith stated the owner of Lot 5 is willing to petition for annexation. The three lots in question would qualify for annexation by the City without petition but it would be preferable to include this area in a larger area as part of a major annexation rather than dealing with only three lots. He recommended that we allow the Lot 5 owner to pursue petition to annex. Council was in agreement. B. Annual Settlement Report on City taxes from Cumberland County Tax Collector. Mr. Smith presented the Annual Settlement for the period from July 1, 1988, through June 30, 1989, as follows: CHARGE: CHARGE 1988 $12,773,787.41 ADDED CHARGE 1988 594,335.58 TOTAL INTEREST COLLECTED 50,569.64 $13,418,692.63 CREDITS: DEPOSIT WITH FINANCE $12,792,476.43 INTEREST DEPOSITED WITH FINANCE 50,569.64 $12,843,046.07 RELEASES ALLOWED $200,424.32 REAL & PERSONAL BALANCE 375,222.24 ADJUSTMENT -0- $575,646.56 CHARGE: REAL & PERSONAL BALANCE 1987 $203,541.36 REAL & PERSONAL BALANCE 1986 77,475.41 REAL & PERSONAL BALANCE 1985 & PRIOR 121,801.69 BARRED BY STATUTE 1977 BILLS COLLECTED 131.81 $402,950.27 BARRED BY STATUTE: BARRED BY STATUTE $ 1,056.30 CREDIT FOR FIVE YEAR & PRIOR INSOLVENTS 34,078.79 $ 35,135.09 CREDITS: REAL & PERSONAL COLLECTED 1987 $119,620.66 REAL & PERSONAL COLLECTED 1986 22,628.24 REAL & PERSONAL COLLECTED 1985 & PRIOR 10,061.75 RELEASES ALLOWED 1987 2,289.17 RELEASES ALLOWED 1986 1,005.94 RELEASES ALLOWED 1985 & PRIOR 788.18 REAL & PERSONAL BALANCE 1987 81,631.53 REAL & PERSONAL BALANCE 1986 53,841.54 REAL & PERSONAL BALANCE 1985 & PRIOR 75,948.48 ADJUSTMENT +.31 $ 367,815.18 Mayor Dawkins reminded Council of the joint meeting with Public Works on August 9, 7:00 p.m., Cross Creek Sewer Plant. There being no further business, the meeting was adjourned at 9:45 p.m. upon motion by Mayor Pro-Tem Evans. Please Note: To view the table, please see Book X, page 180 of the City of Fayetteville Meeting Minutes. JOINT MEETING WITH PUBLIC WORKS COMMISSION WEDNESDAY, AUGUST 9, 1989 JOINT MEETING WITH PUBLIC WORKS COMMISSION CROSS CREEK WASTEWATER TREATMENT PLANT WEDNESDAY, AUGUST 9, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans; Milo McBryde; Horace K. Thompson, Jr.; Tommy Bolton; Joseph Pillow; Ida Ross; Thelbert Torrey; and Milt Wofford Absent: Councilmember Mark Kendrick Public Works Commission Members Present: Tommy McCoy, Robert Williams, Bill Owen, Lindo Tippett Staff Present: John P. Smith, City Manager Robert C. Cogswell, Jr., City Attorney Roger L. Stancil, Assistant City Manager for Operations Jason Brady, Public Information Officer Tim Wood, PWC Manager Ray Britt, PWC Finance Director Mayor Dawkins called the meeting to order and recognized the Chairman of the Public Works Commission, Tommy McCoy. Mr. McCoy introduced the members of the Commission. He then introduced Ken Fanfoni of the PWC staff to present an overview of the Plant Expansion Project currently underway. Mr. McCoy then presented the City Councilmembers with a book entitled, “Overview of the Public Works Commission of the City of Fayetteville". He suggested that the City Council might want to consider appointing one Councilmember to attend PWC meetings. Mayor Dawkins stated that we should definitely continue the quarterly meetings between the Public Works Commission and the City Council. Councilmember Evans suggested that the representative appointed to attend the Public Works Commission meetings should report activities to the City Council. Councilmember Wofford compared the relationship of PWC and the Council to the relationship between the County Commissioners and the Hospital Board of Directors. Councilmember Bolton expressed a concern of Walter Moornan and Dohn Broadwell regarding developer participation in capacity expansion. Mr. McCoy indicated that the Public Works Commission was conducting talks with the County and the developers regarding this matter. Mr. Wood indicated that both City and PWC staff were meeting with Jake Wicker of the Institute of Government and with Wilbur Smith regarding the update of the County's Water and Sewer Plan. Councilmember Bolton asked how much money was currently into the County's revolving fund for water and sewer. He was told approximately $1.5 million. Mr. Bolton asked if a County-wide bond would be feasible to finance water and sewer extensions into the County. Dohn Broadwell stated his belief that developers would be more in favor of a user fee than the establishment of a sanitary district. Councilmember Thompson indicated that we should look at an increase in our bonded indebtedness to finance expansions of our capital plant. Councilmember Wofford indicated that had he known about the rate increase for City government from PWC, he would have negotiated more about the formula. He stated that we need to sake a corporate decision whether PWC is to be an area utility versus a City-owned utility to help offset taxes. He emphasized continued internal efficiencies by PWC. Chairman McCoy suggested that the two groups meet again in mid-November. There being no further business, the meeting was adjourned. REGULAR MEETING MONDAY, AUGUST 21, 1989 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, AUGUST 21, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Horace K. Thompson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2): Thelbert Torrey (District 4); Milt Wofford (District 5), and Mark Kendrick (District 6) Absent: Councilmember Joseph Pillow (District 3) - excused Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Robert M. Bennett, City Engineer Jerry Crowell, Engineering Tim Wood, PWC Manager Robert Barefoot, Parks and Recreation Director John Larsen, Phillips and Opperman Company Betty Squires, Fayetteville Publishing Company Members of the Press Mayor Dawkins welcomed everyone to the meeting and called on Reverend Tony McKee, New Hope Baptist Church, to offer the invocation. The Mayor then led the Pledge of Allegiance to the American Flag. Mayor Dawkins stated that Councilmember Pillow had requested to be excused from tonight's meeting. Councilmember Kendrick moved to excuse Councilmember Pillow, seconded by Councilmember Torrey and carried unanimously. The City Attorney requested to have an Item 14 added to the Agenda, which will be settlement of Workers' Compensation Subrogation Claims. * At this time Mayor Dawkins requested that everyone try to attend some of the ceremonies at tomorrow's Bicentennial Stamp issue celebration. 1. Approval of Agenda Councilmember Wofford requested that Item 10 be pulled from the agenda and referred to the Streets and Roads Committee. Following some discussion, the request was denied because the notice with the agenda has already been sent out as required by statute. Councilmember Wofford moved to approve the agenda, seconded by Councilmember Bolton and carried unanimously. 2. Consent: Councilmember Wofford requested to pull Item 2.C.2., Bill Number 2088907, taxpayer Margaret E. Vanamburg because the County Commissioner's had not approved this refund. Councilmember Thompson questioned Item 2.D. on the low bidder being so close to the next to the lowest bidder. With the discount this would change. Tim Wood responded that the second lowest bidder was not an authorized dealer for the equipment. Councilmember Thompson requested this be so noted on future agendas. Councilmember Bolton moved to approve the consent agenda and each item as presented with the exception of Item 2.C.2. After a second from Councilmember Torrey, the consent agenda and following items were unanimously approved: A. Approval of minutes of regular meeting of June 19, 1989. B. Approval of minutes of regular meeting of July 3, 1989. C. Approval of tax refunds. (See attached list) 1. Tax refund in the amount of $67.22 to James M. Williamson - Military exemption. 2. (PULLED FROM AGENDA) 3. Tax refund in the amount of $139.28 to Peter M. and Sharon C. Moore - Military exemption. 4. Tax refund in the amount of $1,188.25 to Rent-A-Center f2024 - Clerical error - 1988 assessed value in error. 5. Tax refund in the amount of $84.24 to William K. Seago and Robert E. Lax - Clerical error - 1986 household personal property charged in error and 1988 vehicles charged in error. 6. Tax refund in the amount of $246.42 to Service Dist. Company, Inc. - Clerical error - 1988 cost figures listed incorrectly by taxpayer, 1987 cost figures incorrectly keyed by staff. 7. Tax refund in the amount of $8.93 to F. Paul and Martha McGwier - Clerical error - did not own vehicle. 8. Tax refund in the amount of $43.56 to Dan and Joann Jones - Military exemption. 9. Tax refund in the amount of $12.40 to Elizabeth A. Clark - Clerical error - vehicle valued incorrectly. 10. Tax refund in the amount of $5.71 to Cynthia K. Clark - Clerical error - vehicle valued incorrectly. 11. Tax refund in the amount of $192.24 to Carl Birke, Jr., T/A Mid-South Supply Company - Illegal tax - inventory in error. D. Award of contract for purchase of a truck lift to American Lubrication Equipment, low bidder, in the amount of $46,500.00. (PWC) Bids received are as follows: American Lubrication Equipment $46,500.00 Automotive Service Equipment $46,900.00 Charlotte Equipment Sales $49,784.00 Scragg Auto Equipment $52,267.00 E. Approval of request from Fayetteville Generals for fireworks display on August 31, 1989. (Approval contingent upon meeting conditions of Fayetteville Fire Chief.) F. Approval of Budget Ordinance Amendment 90-2. This change is to cover encumbrances which were carried forward from the last fiscal year (1988-1989). The funds were appropriated in last year's budget. A copy is on file in the Clerk's office in 1989 Budget Ordinances. G. Approval of execution of Quitclaim Deed to Fayetteville State University for “Road" leading to park - Washington Square Subdivision. H. Approval of purchase of property for Fayetteville Regional Airport. I. Approval of adoption of resolution setting public hearing for exchange of land to be used for Stackpole Drive. J. Adoption of resolution setting public hearing to consider MBE policy. (Set for September 5, 1989) 3. PWC Matters: A. Consideration of approval to proceed with condemnation proceedings for acquisition of electric easement at the intersection of Fields Road and Cedar Creek Road (Harold D. Holmes and J. Kermit Weeks, property owners.) PWC Manager Tim Wood presented this item and stated that our offer of $1,551.00 was rejected. A counter offer of $5,000 was made which he feels exceeds fair compensation for the requested easement. Mr. Wood stated it has been discovered there is some contested ownership of that property, therefore it is recommended that condemnation be made and the amount would reside with the Clerk of Court until such determination of ownership is made. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF WEEKS, HOLMES AND STEWART. RESOLUTION NO. R1989-123. Councilmember Ross introduced the foregoing resolution and moved its adoption, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. B. Consideration of approval to declare two parcels of land surplus to PWC needs and authorize the sale of same. Following Mr. Wood's presentation, Mayor Pro-Tem Evans moved to declare the two parcels of land surplus and authorize the sale with no minimum, seconded by Councilmember Ross. Councilmember Thompson offered substitute motion, seconded by Councilmember Wofford, to authorize the sale of the North Street lot with a minimum of $5,000.00 and a $1,000.00 minimum on the Gurley Street lot. The motion carried unanimously 8 to 0. PWC Manager Wood was excused. * At this time the City Manager stated that it has been brought to his attention that on Item 2.J. a date for the public hearing that was set was not specified and he recommends September 5. Councilmember Wofford moved to set the public hearing for September 5 on Item 2.J. seconded by Councilmember Thompson and carried unanimously. 4. Consideration of amendment to contract between Phillips & Opperman and the City of Fayetteville for Market House Restoration Project. This item was presented by Assistant City Manager Stancil stating that the Historic and Scenic Sites Committee recommends approval of the amended contract in the amount of $3,300.00. He introduced John Larsen of Phillips and Opperman who stated this is for installation of handicap ramp, flag poles, underground wires for lighting and other things. They felt that they would need site clearance and mitigation prior to contractors entering in on the site to prevent delaying the contractors. Mr. Larsen showed slides of the history of the Market House. They chose to design the building as a “now functional" rather than choosing a period of time. Councilmember Wofford moved to approve the amended contract as recommended, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 5. Consideration of adoption of fee schedule for boating services at Mazarick Park. This item was presented by Parks and Recreation Director Barefoot stating that this recommended new schedule is to accommodate fishing for extended periods of time in addition to the hourly rate. The recommended schedule is as follows: Jon Boats (fishing boats) Morning - 7:30 a.m. to 1:00 p.m. Evening - 1:00 p.m. to 7:00 p.m. Resident - $5 per boat Non-Resident - $10 per boat Councilmember Bolton moved to adopt the recommended new rate, seconded by Councilmember McBryde and carried unanimously 8 to 0. 6. Consideration of request from Parks and Recreation Advisory Commission for joint meeting with Fayetteville City Council. Parks and Recreation Director Barefoot presented a request for a joint meeting with City Council to discuss current issues and directions. The Park Ranger unit will be dressed in costumes and will provide a “wildlife dinner" to begin at 6:30 p.m. with the meeting portion to begin at approximately 7:30 p.m. on August 28. Councilmember Bolton moved to cancel the information meeting and meet jointly with the Parks and Recreation Advisory Commission as requested, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 7. Consideration of adoption of an ordinance amending various sections of Chapter 20, “Motor Vehicles and Traffic." This item was presented by Assistant City Manager Stancil stating that this ordinance amendment is to change the overtime parking from a one-time penalty to a separate penalty for each hour in the off-street lots. Mayor Dawkins stated there had been a request received by Councilmembers to speak on this item and recognized Frank Holding, Jr., with the First Citizens Bank. He stated the renovation that is being done to their building has affected their parking situation. There is an October 1 completion date on their renovation and they are requesting that Council delay the effective date of this ordinance amendment until after that date. Mayor Pro-Tem Evans moved to adopt the amendment with the effective date of October 15, seconded by Councilmember Ross. Following some discussion, Councilmember Kendrick offered substitute motion to delay action on this ordinance until the second regular meeting in October, seconded by Councilmember Wofford and carried unanimously 8 to 0. 8. Appearance by Ms. Marie Smith of the Fayetteville Observer/Times. This item was presented by Betty Squires from the Fayetteville Observer/Times in the absence of Marie Smith. She stated they were going to publish a once in a lifetime special edition in November concerning the Bicentennial Celebration. She showed a sample full color page which would cost $1,950.00 and a one-half page would cost $1,450.00. Mayor Dawkins stated that this has been brought before the staff and rejected. A request was made by the Observer/Times to be put on this agenda. Ms. Squires stated that the deadline for this article is October 20. Council took no action. 9. Consideration of authorization of City Manager to execute contract with Sutton-Kennerly for City-wide stormwater drainage study. This item was presented by City Engineer Bennett who stated that City Council approved on February 6, 1989, to negotiate & contract for a comprehensive stormwater management study with Sutton-Kennerly and Associates. The recommendation now is to have Council approve City Manager to negotiate and execute & contract for said study with Sutton-Kennerly and Associates in the amount not to exceed $972,107.00. Following a lengthy report, Mayor Pro-Tem Evans moved to authorize the City Manager to execute the contract with Sutton-Kennerly as recommended, seconded by Councilmember Kendrick. Following lengthy discussion, the vote was unanimous 8 to 0. 10. Consideration of a proposal from the Riddle family concerning Sycamore Dairy Road Extension: A. Designation as a minor thoroughfare. B. Participation by the City in constructing to minor thoroughfare standards. This item was presented by City Engineer Bennett stating that NCDOT has been approached for participation but has taken the position that this should be a City street not a State road, however, staff recommends this street be added to the Thoroughfare Plan as a minor arterial. City staff recommends that the City participate under the following conditions: 1. Pavement design. a. Six inches (6") of sand/clay base course on stable soil sub-base. b. Three inches (3") of Type “H-B" asphalt base course. c. Two inches (2") of Type “I-1" or Type “1-2" asphalt surface course. d. Thirty inches (30") verticle-type concrete curbs and gutters. 2. Dedication or firm agreement to dedicate right-of-way along an alignment approved by the City to the extent that the developer or its subsidiary companies owns the property as follows: a. Minimum of eighty-six feet (86') along Sycamore Dairy Road Extension, plus twenty-five feet-legged (25') triangular corners at Morganton Road. 3. Make land available on an equal area basis to the City to offer in exchange for right-of-way needed from the four (4) corner existing businesses at N. McPherson Church Road. The land to be made available for exchange shall be adjacent to each of the existing properties. 4. Dedication of right-of-way needed in accordance with a City and NCDOT plan along Morganton Road. Following lengthy discussion, Mayor Pro-Tem Evans moved to refer this to the TCC with the recommendation that it be designated minor thoroughfare and based on the recommended conditions, seconded by councilmember Bolton and carried unanimously. 11. Consideration of request from Councilmember Ida Ross regarding non-maintained portion of North Water Street. Councilmember Ross stated that this item had been brought up in June and not acted on. She is requesting that Council consider maintaining this portion for the citizens. The City Manager stated he had discovered that this was not a dedicated street. Following lengthy discussion, Councilmember Kendrick moved to refer this item to the Streets and Roads Committee, seconded by Councilmember Thompson and carried unanimously 8 to 0. 12. Appointments: A. Nominations to fill one vacancy on Taxicab Review Board. No nominations made. B. Election/Nomination to fill one vacancy on the Redevelopment Commission. Councilmember Kendrick moved to elect John Hood, 3363 Quarry Drive by acclamation to fill the term to December 31, 1989, seconded by Councilmember Bolton and carried unanimously 8 to 0. C. Nominations to fill one vacancy on Human Services Commission. Councilmember Ross nominated Ms. Cecilia Fass to fill the unexpired to March 1991. Mayor Dawkins stated that he had appointed Mrs. Margaret Stanton to the Fayetteville Metropolitan Housing Authority. 13. Administrative Reports: A. Statement of taxes collected for the month of July, 1989, from the Cumberland County Tax Collector in the amount of $47,895.28. 14. Settlement of Workers' Compensation Subrogation Claims. This item was presented by the City Attorney stating that this is concerning several situations concerning employees who were injured in accidents in motor vehicles on the job where a third party was responsible and in each case he is presenting our claim to receive payment back for workers' compensation benefits that we have paid out. The cases are as follows: 1. Karen Alexander, settle subrogation claim in the amount of $1,359.23. Councilmember Kendrick moved to follow the recommendation, seconded by Councilmember Ross and carried unanimously 8 to 0. 2. Joseph Brewer in the amount of $347.40. Councilmember Ross moved to follow the recommendation, seconded by Councilmember Bolton and carried unanimously 8 to 0. 3. Christopher McKinnon in the amount of $549.21. Councilmember Torrey moved to follow the recommendation, seconded by Councilmember Ross and carried unanimously 8 to 0. 4. Terrance A. Roberson in the amount of $1,316.93. Councilmember Ross moved to follow the recommendation, seconded by Councilmember Bolton and carried unanimously 8 to 0. 5. John Meredith in the amount of $2,106.24. Councilmember Ross moved to follow the recommendation, seconded by Councilmember Torrey and carried unanimously 8 to 0. At this time, Mayor Dawkins reviewed the report of Clark Dill on the street maintenance between October 1, 1988, and June 30, 1989. He stated that Council is very proud of this report. Councilmember Kendrick also commended PWC for their help in repairing sink holes across laterals. Councilmember Ross requested that the Streets and Roads Committee check into the possibility of completion of paving of Morgan Street. There being no further business, the meeting was adjourned at 9:50 p.m. upon motion and second. REGULAR MEETING TUESDAY, SEPTEMBER 5, 1989 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER TUESDAY, SEPTEMBER 5, 1989 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Horace K. Thompson, Jr. (at-large); Tommy Boltom (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Milt Wofford (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Robert M. Bennett, City Engineer Tom Ray, Airport Manager Louis Chalmers, City Traffic Engineer Tim Wood, PWC Manager Tom Lloyd, Planner II Walter Haire, City Housing Inspector Members of the Press Mayor Dawkins called on Councilmember Torrey to offer the invocation followed with the Mayor leading in the Pledge of Allegiance to the American Flag. 1. Approval of Agenda Councilmember Pillow requested a correction to the agenda on Item 3.A. to show the recommendation by the Planning Board to be denial instead of adoption. Councilmember Bolton moved to approve the agenda with the correction, seconded by Councilmember Wofford and carried unanimously. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Kendrick requested to pull Items 2.B. and 2.F. Councilmember Torrey requested to pull Item 2.G. and Councilmember Thompson requested to pull Item 2.H. Councilmember Kendrick moved to approve the consent agenda items A. through K. with the exceptions of B, F., G., and H., having been pulled for discussion. After a second by Councilmember Torrey, the consent agenda and following items were unanimously approved. A. Approval of minutes of information meeting of June 26, 1989. B. (PULLED FOR DISCUSSION) C. Approval of minutes of regular meeting of August 7, 1989. D. Approval of minutes of joint meeting between Fayetteville City Council and Public Works Commission on August 9, 1989. E. Approval of tax refund in the amount of $154.23 to Robert and Donna Beaty Clerical error: real value incorrect due to incorrect Special Arch Code. Illegal tax: military exemption left off. F. (PULLED FOR DISCUSSION) G. (PULLED FOR DISCUSSION) H. (PULLED FOR DISCUSSION) I. Approval of Capital Project Ordinance Amendment Change 90-3 (CAP 89-862). This amendment change is to transfer the interest earnings in the amount of $23,903.00 to the Museum of the Cape Fear Capital Project. These funds are the investment earnings generated (over approximately the past two years) on the $275,000.00 State Grant for the museum project. A copy of the foregoing is on file in the Clerk's office in Capital Project Ordinance Amendment Book 1989. J. Approval of a NC DOT/City Agreement for Reinspection of City-owned Public Roadway Bridges. RESOLUTION WHEREAS, the city of Fayetteville has requested the Department of Transportation to perform certain work under the Federal-Aid Highway Bridge Replacement and Rehabilitation Program, said work to consist of the reinspection and analysis of all public bridges on the Municipal Street System in the City of Fayetteville; and WHEREAS, the City of Fayetteville proposes to enter into an agreement with the North Carolina Department of Transportation for said work wherein the Department of Transportation or a Consulting Engineer firm retained by the Department of Transportation will reinspect and prepare the necessary reports for all public bridges on the Municipal Street System in accordance with the national Bridge Inspection Standards; and WHEREAS, under the proposed agreement the Federal Highway Administration shall reimburse the Department of Transportation for eighty (80) percent of the cost of the work subject to compliance with all applicable federal policy and procedural rules and regulations; and WHEREAS, under the proposed agreement the City of Fayetteville shall reimburse the Department of Transportation for all costs of the work incurred by the Department of Transportation not paid by the Federal Highway Administration. NOW, THEREFORE, BE IT RESOLVED that the agreement for the hereinabove referenced bridge inspection work is hereby formally approved by the City of Fayetteville and the Mayor and Clerk (or Manager) of this Municipality are hereby empowered to sign and execute the required agreement between the City of Fayetteville and the Department of Transportation. K. Approval of items concerning Stackpole Drive. 1. Exchange of deeds for right-of-way. 2. Acceptance of the dedication of a 30 ft. wide all purpose utility easement from the Stackpole Drive cul-de-sac southeastwardly to the eastern margin of the Maxwell Williams property, as shown in Plat Book 40, Page 46, Cumberland County Registry. RESOLUTION FOR THE ACCEPTANCE OF AN ALL-PURPOSE UTILITY EASEMENT. RESOLUTION NO. R1989-124. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1989. 2B. Approval of minutes of regular meeting of July 17, 1989. Councilmember Kendrick questioned Item G. on page 3 which is adoption of Capital Project Ordinances CAP-90-1, CAP-90-2, and CAP-90-3. He felt there was a substitute motion made and a breakdown discussed on the Capital Project Ordinance Number 90-1. The City Clerk was instructed by Council to check into this and have this item placed on the agenda for the September 13 meeting. 2F. Approval of tax refund in the amount of $28.05 to Margaret Vanamburg for clerical error: 1981 boat listed in New Hanover County for 1988. Councilmember Kendrick mentioned whether this was approved by the County since it was not marked on the form. City Manager Smith responded that if they sign the form, then has been approved by the County. Councilmember Kendrick moved to approve the tax refund as recommended, seconded by Councilmember Pillow and carried unanimously. 2G. Set public hearing for October 2, 1989, to consider amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32 Article III “General Provisions," Section 32-5 “Definitions" to add subsection (8.1) “equestrian center" and Article IV “District Use Regulations," Section 32-23 “R10 Residential District" Subsection (4a) to provide for grounds and facilities for private country clubs, golf courses, equestrian centers and lakes operated on a profit or nonprofit basis and other private clubs on a minimum of two (2) acres operated on a nonprofit basis upon and after obtaining a special use permit. (P89-93) Councilmember Torrey stated he had requested the wording to be changed on the ordinance (concerning discrimination) by the City Attorney and feels this should be presented to Council before the public hearing. City Attorney Cogswell responded that from the study and research, he feels this change should not be done to a zoning ordinance. It is up to the courts to enforce claims of discrimination. Councilmember Torrey moved, seconded by Councilmember Ross, to delay setting the public hearing on this matter. A substitute motion was offered by Councilmember Bolton and seconded by Councilmember McBryde to set the public hearing for October 2. The motion carried 7 to 2 with Councilmembers Torrey and Ross voting against. 2H. Award of contract for Airport construction projects associated with FAA AIP 503-37-0021-12 to low bidders. Councilmember Thompson questioned offenses of the low bidder that was mentioned in the packet memo. Airport Manager Tom Ray responded that it is on record that a serious offense resulted when the lack of supervision by the contractors allowed a gate to be left open by construction workers making the Airport vulnerable to vehicles, animals, thefts, etc. Mr. Ray is recommending this low bidder and will monitor this matter carefully if they are awarded the contract. The bids were as follows: SCHEDULE A - RECONSTRUCTION OF AIR FREIGHT ROAD *Crowell Constructors, Inc. $ 68,330.20 C. K. Andrews Contracting Co. $ 74,459.00 McDonald Grading Co. $ 78,086.50 Autry Grading Co. $100,305.75 SCHEDULE B - INSTALLATION OF PERIMETER FENCING AND GATES *Seegars Fence Company $270,995.00 Horne Fence Company $311,600.00 All-Steel Fence Company $321,100.00 SCHEDULE C - REPLACEMENT OF RUNWAY EDGE LIGHTING *Barnes and Powell $ 50,265.61 Walker and Whiteside $ 52,722.85 King Electric of Fayetteville, Inc. $ 59,180.00 *Low Bidders Councilmember Thompson loved to award to the low bidders as recommended, seconded by Councilmember Pillow and carried unanimously. At this time Mayor Dawkins encouraged everyone to attend the Fayetteville Regional Airport's Open House on Saturday, September 9, to view the changes that have been made at the Airport. At this time, City Attorney Cogswell stated that on Item 2.K. a resolution for the exchange of property was omitted from the agenda packet. The land being conveyed by the City to the property owner is 2,625.48 square feet and valued at $787.64. The property the City is getting is 3,488.33 square feet and valued at $1,046.50. Mr. Cogswell recommends adoption of the resolution. RESOLUTION AUTHORIZING THE EXCHANGE OF PROPERTY. RESOLUTION NO. R1989-125. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Thompson and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. At this time Mayor Dawkins recognized County Commissioner Sherrill Riddle, present in the audience. The Mayor wished his wife, Mary Ann, a happy birthday. Mayor Dawkins stated there has been a verbal request made tonight to have Item 3.A. pulled from the agenda by the Attorney for the petitioner. The City Attorney stated that technically this is a rezoning initiated by Council because it was sent back for restudy of the area. If Council allows this matter to be withdrawn, then the owner of the property could refile tomorrow. The majority of the Council agreed to hear the matter tonight. Mayor Dawkins read the time limit policy on public hearing matters. 3. Public Hearings: A. Consideration of the rezoning from P2 Professional District to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the southwest corner of the intersection of Pamalee Drive (US 401 Bypass) and Cain Road. (P88-150) This item was presented by Planner Tom Lloyd stating the Planning Board had recommended denial of the request based on a study presented March 7 which called for professional services. There was a protest petition and it will take 7 votes by Council to approve this rezoning request. The public hearing was opened at 7:38 p.m. and speaking in favor was H. Mac Tyson, Petitioner. He stated that Council did not receive a copy of the study they had requested. Mr. Tyson stated that he is presenting the study that Council requested a year ago. Mr. Tyson requested Council to note that contrary to Council's agenda packet, the Planning Staff did not recommend denial of this rezoning but instead, split evenly over the rezoning of this property. He further noted that the Planning Board's recommendation was made without benefit of hearing from any representative of the petitioner, which is the City of Fayetteville, or the property owner or anyone else, at least as according to the Planning Board's records presented to Council. Mr. Tyson made reference to Case P85-103 involving this same intersection and Planning Board member Davis's motion to vote in favor of the rezoning for another corner lot to C1P. Mr. Tyson questions why this is different than his lot. He also referred to the 1978 Commercial Intersection Business Use Map which shows the business use of this property to be the same as commercial and zoned C1P recommendation. Mr. Tyson stated he was not asking Council to do anything except follow what this Council said it would do in 1978. Councilmember Kendrick referred to information dated March 1, 1989, which addressed two alternatives for zoning - commercially zoned or recommended P2 to control further stripping of Pamalee Drive and Cain Road. Mr. Tyson responded that Pamalee Drive is designated as commercial and business street and stripping of Cain Road is also untrue. Councilmember Pillow asked Mr. Tyson how long he had owned this land and what the zoning of it was at the time of his purchase. Mr. Tyson responded that initial zoning was P2 when he purchased it four years ago, but was told the map was in existence and he saw that it existed. Councilmember Pillow also asked if there was a study ordered and conducted since 1978 and Mr. Tyson responded there was one last year. Appearing in opposition was Mr. Emory C. Albritton, 1429 Valenca Drive, stating that it would definitely cause keeping commercialism. Mr. Albritton requested those property owners in opposition to stand and there were approximately eight people. He stated they wish to leave this at P2 zoning. Also appearing in opposition was Mr. L. D. Jones, Hobgood, Jones and Weeks Real Estate, 996 Helen Street. He stated they had purposely put their building facing the corner of Pamalee Drive and Helen Street with the entrance and exit on Helen Street to prevent traffic congestion on Pamalee Drive. They also are requesting that this be left at P2 zoning. Henry Beau, 1316 Everglade Drive, petitioners lot. Mr. Beau has lived there 25 years and he will have to look at the rear of the proposed convenience store building, trash bins, compressor and refrigeration unit. He feels that rezoning to commercial will take Mr. Tyson a lot of money but it will hurt his own property value by 50 percent and requests that Council leave the zoning at P2. Mr. Tyson was recognized in rebuttal stating there is no contract signed for the property. He had been considering a nice restaurant such as Wendy's or Darryl's for that area. He further stated that he did not plan to put anything in that area that would embarrass anyone and he feels there is nothing else that can be done with that lot. Also recognized in opposition was Mr. Marvin L. Risnes, 1427 Valencia Court. There being none further to be heard on this matter, the public hearing was closed. Mayor Pro-Tem Evans moved to follow the recommendation and deny the rezoning, seconded by Councilmember McBryde. Councilmember Thompson stated he and Council had requested a restudy of this area by the Planning Staff and asked why they have not received it. Mr. Lloyd responded that the study confirmed the existing plan, therefore they did not resubmit a full study. Councilmember Thompson stated he wanted it on record that he did not appreciate them not submitting the study as Council had requested. Mr. Lloyd requested to respond to one statement Mr. Tyson made concerning this being a business street. He asked Council to look closer at the map Mr. Tyson presented and they will see that it is not a business street at this intersection--it stops short on both sides of this intersection on Pamalee Drive. Councilmember Ross offered substitute motion to postpone this matter until the study can be presented, seconded by Councilmember Torrey and failed 3 to 6 with Councilmembers Ross, Torrey, and Wofford voting in favor. Mayor Dawkins returned to the main motion by Councilmember Evans to deny the rezoning, seconded by Councilmember McBryde and carried 6 to 3 with Councilmembers Wofford, Torrey, and Ross voting against. B. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32, Article II - Establishment of Districts and the purpose thereof, Section 32.2 “District Designated; Purposes" by adding the MH(O) Manufactured Rousing Overlay District; amending Article III - General Provisions, Section 32-5 “Definitions" by adding the definitions of a manufactured home, a Class A manufactured home, a Class B manufactured home, a Class C manufactured home, a modular home and a travel trailer; amending Article IV - District Use Regulations by creating Section 32-21.1 “MH(O) Manufactured Rousing Over lay District" to list the permitted uses in this district. (P89-73) This item was presented by Tom Lloyd, Planning Staff, stating this is to allow Class A Manufactured Roses on individual property without having to be in a trailer park. The Planning Board recommends adoption. This is the advertised public hearing. Mayor Dawkins opened the public hearing at 8:15 p.m., and recognized Michael Marlow, North Carolina Manufactured Housing Institute, Raleigh, North Carolina, speaking in favor. He stated he had been to a meeting that included Councilmember Ross and State Representative Nick Geralds along with approximately 50 residents discussing the possibilities of getting affordable housing. He presented to Council some literature on Class A hoses and stated they are requesting this be adopted. There was none to appear in opposition and there being none further to be heard, the public hearing was closed. AN ORDINANCE AMENDING CHAPTER 32 “ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1989-25. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Thompson and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book S1989. Mayor Dawkins recognized in the audience Representative Nick Geralds and Juanita Gonzales of the School Board. Also, Mabel Smith, Chairman of the Democratic Party in Cumberland County. C. Consideration of adoption of resolution closing a portion of Fargo Drive north of Village Drive. City Engineer Bennett presented his report on this item. This is the advertise public hearing and recommended adoption of the resolution. The public hearing was opened at 8:35 p.m. Appearing in favor of the street closing was George Massengill, 2647 Dunbarton Road. Board of Director member of the Village Drive Baptist Church. There was none to speak in opposition. There being none further to speak on this matter, the public hearing was closed. RESOLUTION AND ORDER CLOSING FARGO DRIVE. RESOLUTION NO. R1989-126. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. D. Consideration of adoption of resolution concerning MBE Policy. This item was presented by City Attorney Cogswell stating that in the past this has not been a public hearing only the adoption of a resolution. This resolution covers, among other things, verifiable, obtainable goals. This resolution is to continue as in the past, to open every door possible to Minority Business Enterprise (MBE) on bidding process. Airport Manager Tom Ray was recognized stating they have been in the minority business since 1982. He stated the Airport contracts are done on a case-by-case basis. The public hearing was opened at 8:48 p.m. Recognized in favor was Mr. Donald Moore, 716 Burgoyne Drive stating he is for the MBE but not the way it is being monitored at this time. He wants the subcontractor to be issued at the same time as the general contractor. Mr. Moore stated that the “good faith” method is not working. There was none to appear in opposition and the public hearing was closed. There was some discussion concerning the monitoring of the subcontract letting and Assistant City Manager Ben Brown advised the Council as to the process of now it has been handled and we are working on this. Mr. Smith stated that we are working with the State registration list and with the federal agencies, and we have in fact notified federal agencies when we thought the situation should be investigated. RESOLUTION ADOPTING GUIDELINES FOR MINORITY BUSINESS PARTICIPATION TN CONTRACTS AWARDED BY THE CITY. RESOLUTION NO. R1989-127. Councilmember McBryde moved to adopt the foregoing resolution, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. 4. Planning Board Matters: A. Consideration of the rezoning from R6 Residential District and C1P Shopping Center District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located east of Southern Avenue north of Owen Drive. (P89-102) This item was presented by Mr. Lloyd stating that the Planning Board unanimously voted to deny the requested rezoning from C1P to C3 and approve rezoning from R6 to C1P. He stated that the Planning Staff recommends approval of the requested rezoning from R6 Residential District to C1P Shopping District because Owen Drive at this location is designated as a primary business street, and the C1P Shopping Center District is appropriate. Councilmember McBryde moved to follow the recommendation to rezone from R6 to C1P, seconded by Councilmember Wofford and carried unanimously. B. Consideration of amendment to Zoning Ordinance. This item was presented by City Manager Smith stating that this ordinance amendment could cover the situations where Council votes to deny the rezoning approved by the Planning Board when a public hearing is not required. The recommendation is to refer this to the Planning Board. Councilmember Kendrick moved to refer this item to the Planning Board as recommended, seconded by Councilmember Bolton and carried unanimously. C. Consideration of request to reconsider rezoning from R6 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 1308 Ramsey Street. (P89-50) (Council reconsidered this ten after Item 13 and unanimously voted to refer this item to the Planning Department.) City Manager Smith stated that this item had been approved by the Planning Department, however Council had voted to deny the rezoning. A public hearing was not requested by the petitioner because the Planning Department had approved the rezoning. Mr. Lonnie D. Hall is now requesting a reconsideration for this rezoning matter and Mr. Smith recommends setting a public hearing. The City Attorney stated this was a unique case and a precedent would not be set in this particular case. Councilmember Ross moved to set a public hearing for October 2, seconded by Councilmember Pillow. Councilmember Thompson requested that the minutes reflect this is for this case only and not to set a precedent. Councilmember Wofford stated he felt this would definitely be setting a precedent and suggested that this be sent back to the Planning Board. Mayor Dawkins called for the vote and it was 5 to 4 with Councilmembers Wofford, McBryde, Bolton, and Kendrick voting against. Mayor Dawkins stated that since it takes two-thirds vote when Council sets a public hearing on zoning matters this item will stand as is. * (Council reconsidered this item after Item 13 and unanimously voted to refer this item to the Planning Department.) 5. Appearance by representatives of Fayetteville, Cumberland County Black Democratic Caucus, and Fayetteville Branch of the NAACP. Mayor Dawkins recognized Mr. James W. Florence, Branch President of the NAACP who introduced Thomas Bacote, chairman of the project naming a street or road in honor of the late Dr. Martin Luther King, Jr. Mr. Bacote stated that since there were several streets or roads in Fayetteville with multiple names they are requesting Council to consider renaming the 401 bypass to Martin Luther King, Jr. Boulevard or Drive. Ted Kinney introduced Allen Griffin, Project Chairman for Fayetteville/Cumberland County Black Democratic Caucus who read a letter from State Representative C. R. Edwards requesting 401 Bypass be named after Martin Luther King, Jr. He also read an open letter from the Black Caucus with the same request. Councilmember Pillow moved to refer this matter to Renaming Committee recently appointed by the City/County Liaison Committee and return to Council by the first meeting in November (November 6), seconded by Councilmember Wofford and carried unanimously. 6. Consideration of request for reconsideration of previous action regarding downtown parking ordinance. This item was presented by Mr. Smith who stated that this proposed ordinance amendment was presented at Council's last meeting. Mr. Frank Holding appeared requesting Council to defer this until October 15, which was Council's action. Councilmember Thompson has submitted a request for reconsideration of this item. He was recognized and stated that he had met with representatives of First Citizens Bank, Branch Bank and Trust, the Revitalization Commission, Olde Fayetteville Association, and City staff. They all concur that $1 penalty for each hour parked overtime is recommended. Councilmember Thompson moved to adopt the ordinance amendment as recommended, seconded by Councilmember Bolton and carried unanimously. The ordinance title is as follows: ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1989-26. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book S1989. Councilmember Wofford stated he had been contacted and asked why the parking lot behind the Capitol Department Store was not a City short-term parking lot. The City Manager responded that this was leased annually to the Capitol Department Store by the City. 7. Consideration of adoption of Demolition Ordinances for the properties located at 208 and 210 Deep Creek Road. (Owners: Sol C. and Mary Bright Rose) This item was presented by Walter Haire stating that this property, through Mr. McNeill, has received two extensions. There are two buildings still left and Mr. McNeill has requested additional time. Mr. Haire is recommending adoption of the ordinance if the property is not taken care of by the time inspection Department could get bids and award contracts. 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. NS1989-29. Councilmember Kendrick moved to adopt the foregoing ordinance to be effective after 10 days, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book NS1989. 8. Consideration of leases of property near Museum of the Cape Fear. Mr. Smith presented this item with recommendation to authorize the City Manager to execute the leases. Councilmember Ross moved to follow the recommendation to authorize the City Manager to execute the leases, seconded by Councilmember Thompson and carried unanimously. 9. Consideration of adoption of Budget Ordinance Amendment 90-3. This budget ordinance change is necessary to transfer $110,000.00 from the Airport Capital Project Fund to the Airport Operating Fund. The City Manager recommends adoption. Councilmember Wofford moved to adopt the Budget Ordinance Amendment 90-3 as recommended, seconded by Councilmember Torrey and carried unanimously. A copy of the foregoing Budget Ordinance Amendment is on file in the City Clerk's office in Budget Ordinance Amendment Book 1989. 10. Consideration of adoption of resolution requesting NC DOT to construct an additional left turn lane on Ft. Bragg Boulevard at Cain Road. Traffic Engineer Louis Chalmers recommended adoption of the resolution. RESOLUTION REQUESTING THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TO PROCEED WITH IMPROVEMENTS AT THE INTERSECTION OF BRAGG BOULEVARD AND CAIN ROAD. RESOLUTION NO. R1989-128. 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 Resolutions Book R1989. 11. Consideration of filing a petition protesting action of the State Division of Environmental Management Commission in authorizing interbasin transfer on behalf of the Towns of Cary and Apex. This item was presented by City Manager Smith stating that the petition is still in the hands of the City Attorney for further research. Mr. Smith is recommending that Council authorize the Mayor to file jointly with Cumberland County to execute a petition of appeal. Mayor Pro-Tem Evans moved to follow the recommendation to authorize the Mayor to file jointly with the County to execute a petition of appeal, seconded by Councilmember McBryde and carried unanimously. PWC Manager Tim Wood left the meeting at this time. 12. Consideration of approval of holiday schedule for sanitation collection services. The City Manager presented this item stating that the sanitation schedule would be out of balance because of some of the holidays falling on Monday in addition to the ones already observed on Monday. He presented two options: one would be for Sanitation employees to observe Martin Luther King, Jr. and George Washington holidays on Friday preceding the nationally observed day, or to observe Memorial Day on the preceding Friday in lieu of the scheduled Monday for 1990. Mr. Smith stated the Sanitation Director recommends the first motion. Mayor Pro-Tem Evans moved to follow the recommendation for the Sanitation employees to observe Martin Luther King, Jr. and George Washington holidays on Friday preceding the nationally observed day, seconded by Councilmember Kendrick and carried unanimously. 13. Consideration of election of delegate and alternate to the National League of Cities Convention, November 25-29, Atlanta, Georgia. Councilmember Bolton nominated the Mayor as delegate, seconded by Councilmember Kendrick and Mayor Pro-Tem Evans nominated Councilmember Pillow as alternate, seconded by Councilmember Bolton. Councilmember Ross stated he felt that one member should be a woman. Mayor Dawkins called for the vote and it carried 8 to 1 with Councilmember Ross voting against. * At this time Council returned to Item 4.C. which was a request for reconsideration of rezoning from R6 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 1308 Ramsey Street (P89-50). Mayor Pro-Tem Evans moved that this item be referred to the Planning Board, seconded by Councilmember Ross and carried unanimously. 14. Appointments: A. Nominations to fill one vacancy on Taxicab Review Board. Mayor Pro-Tem Evans nominated Mr. Dan Stewart, 207 West Mountain Drive, Fayetteville, NC 28306, City Cab Company. B. Nominations to fill one vacancy on Human Services Commission. Councilmember Ross nominated Mary Knutson, 2514 Elmhurst Drive. C. Nominations to fill two vacancies on Joint Senior Citizens Advisory Commission. Councilmember McBryde nominated Catherine Hobbs for a second term. There were no nominations to fill the vacancy of Mr. Raymond Morton. D. Nominations to fill five vacancies on Fair Housing Board. Councilmember Kendrick nominated Mr. Mickey Rouse for the Realtor category and Councilmember Thompson nominated Mr. Bradley K. Jones in the Attorney category. Councilmember Torrey nominated Alvin R. Pierce in the at-large category. Mayor Pro-Tem Evans nominated Sylvia Allen in the at-large category. Councilmember Pillow nominated Ernest J. Morine for the At-large category, and Councilmember McBryde nominated Fred Best in the At-large category. 15. Administrative Reports - There were no Administrative Reports. There being no further business, the meeting was adjourned upon motion and second at 10:07 p.m. REGULAR MEETING MONDAY, SEPTEMBER 18, 1989 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, SEPTEMBER 18, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Horace K. Thompson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Milt Wofford (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Robert M. Bennett, City Engineer Louis Chalmers, City Traffic Engineer Tim Wood, PWC Manager John McInnis, Emergency Management Members of the Press The invocation was offered by Reverend David Chamberlain, St. John's Episcopal Church followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins praised everyone who had assisted in the flood disaster on September 15. Although there were two tragic drownings of children, there were many lives saved. He called on the City Manager to give an update on the disaster. City Manager Smith reported there were a number of City employees involved in various operations. Approximately 60 of duty Fire Department personnel were called in along with police officers and detectives. Approximately 100 City employees from Environmental Services, Street Maintenance and Sanitation called in that worked through the night. Traffic Services had approximately 12 people called in and Engineering had several people working through the night and on through Saturday. Twelve Transit employees were called in to operate buses to transfer evacuees. Most of the City's top management team was in the Operations Center through most of the night. The dollar cost for personnel involved was approximately $49,000.00 at this point. PWC also had approximately 100 people out through the night at an estimated cost of approximately $20,000.00. Mr. Smith reported we also had to call in assistance from other agencies such as County Volunteer Fire Departments that were asked to stand by to man City fire stations where we had equipment deployed. From the beginning of the storm until about 4 a.m. the City Emergency Center received some 324 flood related assistance calls. At first light on Saturday morning, search teams were put together consisting of police officers, fire fighters, police K-9 units, and divers. Also through Emergency Management and the assistance of Search and Rescue Specialists from the State Emergency Management Office, approximately 350 people were evacuated. Evacuation centers were set up at the National Guard Armory, Fayetteville State University Auditorium, John Wesley Church on Cumberland Street, and approximately 15 people were situated in the Central Fire Station through most of the night. Mr. Smith stated that a very preliminary estimate of the damage and loss to City buildings, equipment, supplies, and bridges at about $470,000.00. PWC estimated about $250,000.00. He went on to say that he heard the rainfall was as high as 8.25 inches in a three-hour period. Also there were three private dams to collapse. There have been two emergency numbers set up for those who need assistance to use on a 24-hour basis. At the conclusion of his report, Mr. Smith stated that the wheels are in motion to apply for assistance every way possible. Mayor Dawkins added that he wanted to extend a special thank you to the Marines coming from maneuvers who also helped save lives along with civilians who assisted with boats and vehicles and the news media for the coverage and notifying people of the events. John McInnis, Emergency Management, was recognized and gave a report on the procedures for filing for assistance. He also praised the efforts of the Red Cross. PWC Manager Tim Wood also gave a report. He reported on the damage to power lines and sewer mains, and praised his approximately 140 workers that were called in. 1. Approval of Agenda City Manager Smith requested to add Item 12.D. which would be nominations to the Fair Housing Board that was omitted from the agenda but included in the backup. Also to add Item 13.B., Resolution for Emergency Purchasing. Councilmember Bolton moved to approve the agenda with the additions, seconded by Councilmember Pillow and carried unanimously by voice vote. 2. Consideration of rescheduling October 16 City Council Meeting to October 23, 1989. Councilmember Kendrick moved to reschedule the October 16 meeting to October 23, 1989, due to Council and staff attending the annual North Carolina League of Municipality meeting in Winston-Salem, seconded by Councilmember Thompson and carried unanimously. 3. Consent: Mayor Dawkins stated that 3.B. August 31, 1989, Council Minutes, Page 4, Item 7, the name “Holden" should be corrected to “Holding". Also City Engineer Bennett requested a change be made on Item 3.F.d., Pages 1 and 2 of the Resolution, that the wording “and a 50-foot unnamed street west side of U.S. 401 approximately 782 feet south of the intersection U.S. 401 and Coronation" be deleted. Mayor Dawkins then asked if any items should be removed before calling for action. There being no requested for removal, Councilmember Bolton made a motion to approve the consent agenda and each item as presented with the changes and corrections. After a second from Councilmember Pillow, the consent agenda and following items were unanimously approved. A. Approval of minutes of Budget Workshops of June 12, June 14, and June 21, 1989. B. Approval of minutes of regular meeting of August 21, 1989. C. Approval of tax refunds. 1. Tax refund in the amount of $26.54 to Albert M. Cavender for clerical error - auto incorrectly valued. 2. Tax refund in the amount of $49.37 to Richard Davis III for illegal tax - military exemption left off. 3. Tax refund in the amount of $29.12 to Anthony Lavender for illegal tax - military exemption left off. 4. Tax refund in the amount of $64.49 to Pauline Watrous for clerical error - failed to receive elderly exemption. D. Approval of Budget Ordinance Amendment Change 90-4. This amendment is necessary to set up appropriation of funds carried forward from FY 88-89 in the amount of $23,087. These monies were reserved for specific uses such as the Police Department's “We Care Bear" program and the Parks and Recreation Department's Senior Citizens “Transportation" program. A copy is on file in the Clerk's office in Budget Ordinance Amendment Change 1989. E. Approval of sale of radio equipment to Rockingham County. RESOLUTION AUTHORIZING SALE OF SURPLUS PROPERTY TO THE COUNTY OF ROCKINGHAM, NORTH CAROLINA. RESOLUTION NO. R1989-129. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. F. Adoption of resolutions setting a public hearing for October 23, 1989, for the Paving, Storm Drainage, Sanitary Sewer, and Water Distribution on selected streets in the following areas annexed in 1988: a. Area 1 Kinwood b. Area 2 Kinwood Island c. Area 4 Kornbow d. Area 5 Karen Lake Drive & Kathy Street e. Area 6 Bragg Boulevard f. Area 8B Eden PRELIMINARY RESOLUTION ORDERING AN EXTENSION OF THE WATER DISTRIBUTION SYSTEM INTO BLANTON ROAD AND MINTZ MILL ROAD. RESOLUTION NO. R1989-130. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF CONVERSE COURT, SUMMER DUCK ROAD, AND BUIE CIRCLE. RESOLUTION NO. R1989-131. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION AND ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM INTO MIX ROAD, BUIE CIRCLE, AND TARHEEL DRIVE. RESOLUTION R1989-132. PRELIMINARY RESOLUTION ORDERING AND EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM INTO OAKWOOD STREET, KATHY STREET, BLANTON ROAD, CONVERSE CIRCLE, AND MINTZ MILL ROAD. RESOLUTION R1989-133. PRELIMINARY RESOLUTION ORDERING AND EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM INTO CALA CIRCLE, CREED STREET, BRAGG BOULEVARD, VIVIAN DRIVE, WOODHAVEN CIRCLE, ARBULIUS TRAIL, KINLLAW ROAD, US 401, RURITAN DRIVE JARVIS STREET, EAST TARHEEL DRIVE, WEST TARHEEL DRIVE, NIX ROAD, BELLFLOWER STREET, BEDELL PLACE, CAMPGROUND ROAD, MINTZ MILL ROAD, AND WINTERGREEN DRIVE. RESOLUTION NO. R1989-134. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1989. G. Approval of bid award for purchase of 75 50-KVA Overhead Transformers to Eastern Electric Company, low bidder in the total amount of $58,200.00. Bids received for each are as follows: WFSCO $ 829.00 HESCO $ 873.00 National Transformer Sales $ 968.00 Rigby Electric Supply $1,096.00 Central Maloney, Inc. $ 911.00 *Eastern Electric $ 776.00 Mill-Power Supply $ 795.85 Tennessee Valley $ 895.00 *low bidder 4. PWC Matters: A. Consideration of approval of bid award for spare electrical parts for Hutler-Warner Generation Plant to General Electric Company, sole bidder. (PWC) This item was presented by Tim Wood. He called on Steve Blanchard, Director of the Generation Plant, who explained the bidding procedure followed and to explain what items are being acquired. There was only one bidder and no other economic source. Mayor Pro-Tem Evans moved to follow the recommendation and award the bid to General Electric Company in the amount of $1,323,730.19, seconded by Councilmember Ross and carried unanimously. B. Consideration of agreement for release and abandonment of easements on property of Kings Grant Club. (PWC) Councilmember Bolton moved to follow the recommendation of the PWC Board for approval, seconded by Councilmember Kendrick. City Attorney Cogswell advised that this should be treated as a sale because it is being released to someone other than the original property owner and he recommends authorization of advertisement. Mayor Pro-Tem Evans offered substitute motion to authorize advertisement, seconded by Councilmember McBryde add carried unanimously. 5. Consideration of award of contract for Amtrak Station Restoration, Engineering Project No. 04-362-88, to low bidder, Sigma Construction Company in the amount of $274,000.00. The bids were as follows: CONTRACTOR BASE BID Sparrow Construction Co. $335,000.00 Miller Building Corp. $294,500.00 *Sigma Construction Co. $274,000.00 *Low bidder Councilmember McBryde moved to award the contract to the low bidder, seconded by Councilmember Kendrick and carried unanimously. 6. Consideration of acceptance of Fayetteville Regional Airport Grant Project AIP-11. This matter was presented by Airport Manager Tom Ray. Councilmember Pillow moved to accept the grant as recommended, seconded by Mayor Pro-Tem Evans and carried unanimously. 7. Consideration of request from residents of South King Street to lower speed limit from 35 mph to 25 mph. This item was presented by Traffic Engineer Louis Chalmers stating that following a completed review of traffic operations at this intersection and based on the guidelines free: the Manual on Uniform Traffic Control Devices they are recommending that the speed limit remain at 35 mph. Following some discussion Mayor Pro-Tem Evans moved to lower the speed limit from 35 mph to 25 mph, seconded by Councilmember Wofford. Following some further discussion, Councilmember Kendrick moved to refer this to the Policy Committee to review the policy about following the Manual on Uniform Traffic Control Devices dealing with speed limit reduction and to delay action on this item, seconded by Councilmember Torrey and carried 8 to 1 with Mayor Pro-Tem Evans voting against. * At this time Councilmember Wofford requested that something be done about changing the light at Hay Street into the circle at Market House such as being able to turn right on red or doing away with the traffic light because of the long red light causing traffic to back up Hay Street. Following some discussion Mayor Dawkins stated if Council had no objections, this item could be placed on the agenda at the next meeting with a recommendation. 8. Consideration of amendment to July 17, 1989, City Council minutes. The City Manager presented this item stating that the breakdown for the Capital Project Ordinance 90-1 was discussed, determined and approved at the May 1, 1989, public hearing. The July 17, 1989, action was simply the adoption of the budget amendment implementing the action on May 1, 1989. However, Council could move to amend the minutes to show the breakdown if this was their desire. Councilmember Kendrick moved to amend the minutes of July 17, 1989, regular meeting to include the breakdown on Item 2. G. and to approve the minutes as amended, seconded by Councilmember Bolton and carried unanimously. Councilmember Wofford requested to remove his name from being present and the motion and second was amended to include this request. Mayor Dawkins called for a vote and it carried unanimously. 9. Consideration of a resolution directing the Clerk to investigate a petition received under G.S. 160A-31: A. Rroadwell Land Company Property (Country Club Hills, Section 2) This item was presented by Assistant City Manager Stancil. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-131 RESOLUTION NO. R1989-135. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried 7 to 2 with Councilmember Torrey and Ross voting against. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. At this time Dohn Broadwell requested Council check into their policy of zoning annexed property so they will be able to request a down-zoning to keep the area residents from getting upset over the recommended initial zoning. 10. Consideration of a request for street lighting on the I-95/NC-53 Interchange. This item was presented by the City Manager stating that the ramps were not included in the Cedar Creek Road annexation. The City would have to initiate the annexation of these ramps because NCDOT would have no reason to have this area annexed. No revenue from the annexation would be received since it is all highway right-of-way. Also, the cost of lighting would fall on PWC, therefore, annexation is not recommended at this time without the concurrence of PWC. PWC Manager Wood reviewed some of the expenses and difficulties in lighting this ramp. Following lengthy discussion, Councilmember Wofford moved to have staff pursue the possibility of annexation of these ramps and to check with the hotels, motels, and PWC for participation in the cost of this lighting. The motion was seconded by Councilmember Bolton and carried 8 to 1 with Councilmember Torrey voting against. Tim Wood was excused at this time. 11. Consideration of appointment of Voting Delegate for NCLM 1989 Annual Business Meeting during Conference of October 15-17, 1989. Councilmember Bolton nominated Mayor Dawkins as delegate and Councilmember Wofford nominated Councilmember Ross as alternate. Motion carried unanimously by voice vote. 12. Appointments: A. Nominations to fill one vacancy on the Taxicab Review Board. Mayor Pro-Tem Evans moved to elect by acclamation, Danny Stewart to fill the alternate category to July 1991. Motion carried unanimously. B. Nominations to fill one vacancy on the Human Services Commission. Councilmember Kendrick moved to elect Mary Knutson by acclamation, to complete the term to March 1991 of Mary Layton. Motion carried unanimously. C. Nominations to fill two vacancies on the Joint Senior Citizens Advisory Commission. Mayor Pro-Tem Evans moved to elect Catherine Hobbs by acclamation. Motion carried unanimously. Councilmember Thompson requested that it be mandatory to follow the replacement of a board or commission member who has three consecutive unexcused was in agreement that the City Attorney review this and come back to Council with a recommendation. D. Nomination to fill five vacancies on the Fair Housing Board. Councilmember McBryde moved to elect by acclamation Mickey Rouse, Real Estate Category for a two-year term, carried unanimously. Bradley Jones was unanimously elected for a two-year term in the Attorney Category. Mayor Dawkins then called for a vote on the four nominees to fill three vacancies in the At-large Category. Fred Best was elected to serve a two-year term, Sylvia Allen and Ernest Morine were elected to serve one-year terms. 13. Administrative Reports: A. Statement of taxes collected for the month of August, 1989, from the Cumberland County Tax Collector. The statement in the amount of $321,474.65 for the month of August 1989, was presented. B. Consideration of approval of a resolution for emergency purchasing. This item was presented by City Manager Smith stating this is basically contingency resolution. A RESOLUTION AUTHORIZING THE CITY MANAGER TO CONTRACT FOR EMERGENCY REPAIRS OF STREETS, ELECTRIC TRANSMISSION FACILITIES, WATER LINES, STORM DRAINS, AND SEWERS DAMAGED BY HEAVY RAINS ON SEPTEMBER 15, 1989. RESOLUTION NO. R1989-136. Councilmember Bolton introduced the foregoing resolution and moved its adoption to be in effect until December 30, 1989, 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 R1989. Upon motion and second the meeting was adjourned at 9:36 p.m. REGULAR MEETING MONDAY, OCTOBER 2, 1989 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, OCTOBER 2, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Horace K. Thompson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Milt Wofford (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Robert M. Bennett, City Engineer Tim Wood, PWC Manager Al Mitchell, Assistant City/County Planning Director Frank Simpson, Inspections Superintendent L. D. Godwin, Water Street Resident Carrie Grace, Weekend Dinner Program Coordinator Members of the Press Reverend Larry Smith, Church of the Nazarene, offered the invocation followed with the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Radha Ghosh was presented the Youth of the Month Certificate from the CCYC and a $50.00 Savings Bond from the Fayetteville Kiwanis. Mayor Dawkins then presented plaques of appreciation for years of hard work by outgoing members on the Fayetteville Revitalization Commission. Mayor Dawkins presented plaques to the following: Stuart Kerr, appointed in 1977; Arnetha Robinson, appointed in 1984; and General (RET) John M. Rose, Jr., appointed in 1984. Not present for the presentation was Dohn Broadwell, appointed in 1983; and W. A. Bissette, appointed in 1984. * Mayor Dawkins then called forward Police Sergeant Eugene Hallock and his wife, Pam, who is also a City employee. Sergeant Hallock had been selected from finalists out of 900 full-time employees as Employee of the Year. He received a certificate and a $250.00 check. Mayor Dawkins then presented an All-America pin to Lisa Schell of WFNC Radio for her professionalism in working with the City, her hard work on the news coverage during the flood and wished her well in her new job in Raleigh. 1. Approval of Agenda City Manager Smith requested a correction to Item 10.B., which should show four vacancies instead of seven on the Parks and Recreation Advisory Commission. He also requested to add Item 2.1. for the Adoption of Resolution to Advertise for exchange of Weapons. Mayor Pro-Tem Evans 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 any items should be removed before calling for action. Mayor Pro-Tem Evans requested to pull Item 2.A. for discussion and Councilmember Kendrick requested to pull Item 2.F. for discussion. Councilmember Bolton moved to approve the consent agenda Items B. through I. with the exception of A. and F. having been pulled for discussion. After a second by Councilmember Torrey the consent agenda and following items were unanimously approved. A. (PULLED FOR DISCUSSION) B. Adoption of a resolution accepting a portion of Converse Circle, from the northern margin of Lots 5 and 13, Block “E", Kornbow Lake Development (Plat Book 14, Page 30) northeastwardly through the cul-de-sac, as an all purpose utility easement. RESOLUTION FOR THE ACCEPTANCE OF AN ALL-PURPOSE UTILITY EASEMENT. RESOLUTION NO. R1989-137. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. C. Award of contract for Bond Sidewalk construction along Raeford Road, Robeson Street, and Ramsey Street, engineering Department Project ƒB01-374-89, to low bidder, McDonald Grading Company, Inc., in the amount of $392,416. Bids were received with totals as follows: McDonald Grading Company, Inc. $392,416.00 Autry Grading, Inc. $406,747.50 Nortec Construction Services, Inc. $428,321.00 D. Adoption of a resolution accepting the following street, and the adoption of a resolution to advertise for closing of the same street: Elvira Street from Pearl Street to Pilot Avenue. RESOLUTION AUTHORIZING ACCEPTANCE OF A PORTION OF ELVIRA (FORMERLY JOHN) STREET. RESOLUTION NO. R1989-138. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE ELVIRA (FORMERLY JOHN) STREET. RESOLUTION NO. R1989-139. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1989. E. Adoption of a resolution to advertise for closing of the following lame: Thirty ft. lane on the east side of Glidden Street. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A THIRTY FOOT LANE. RESOLUTION NO. R1989-140. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. F. (PULLED FOR DISCUSSION) G. Set public hearing for November 6, 1989, to consider an application by John T. Henley, Jr., 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 R6 Residential District, and being located at 2701, 2705, 2709, and 2713 Luther Drive. Case No. P89-107. H. Approval of extension of lease with Abiding Word Fellowship. I. Consideration of Adoption of Resolution to Authorize Advertisement for Exchange of Weapons. RESOLUTION AUTHORIZING THE EXCHANGE OF WEAPONS. RESOLUTION NO. R1989-141 A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. 2A. Approval of Capital Project Ordinance CAP 90-6. Mayor Pro-Tem Evans questioned if this was set up as a separate department or if it was handled by the Police Department. City Manager Smith responded that this is handled by the Police Department and is the final year of a three-year grant. This Capital Project Ordinance sets up Phase III of the Governor's Highway Safety Program to encompass selective DWI/Speed/Seatbelt and Public Education Awareness Programs. Mayor Pro-Tem Evans moved to approve the Capital Project Ordinance, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing Capital Project Ordinance is on file in the Clerk' office in Capital Project Ordinances Book 1989. 2F. Set public hearing for November 20, 1989, for consideration of adoption of a resolution to consider the paving pursuant to petition of Dillon Drive from Carlos Avenue to the northern line of Hilltop Subdivision, as recorded in Plat Book 22, Page 57, Cumberland County Registry. Councilmember Kendrick has received requests for the public hearing to be changed to November 20 due to some of the petitioners being out of town and moved to set the public hearing from November 6 to November 20, seconded by Councilmember Wofford and carried unanimously. PRELIMINARY ASSESSMENT RESOLUTION. RESOLUTION NO. R1989-142. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. 3. Public Hearings: Mayor Dawkins reviewed the time limit policy for public hearings. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32, Article III “General Provisions," Section 32-5 “Definitions" to add subsection (8:1) “Equestrian Center" and Article IV “District Use Regulations," section 32-23 “R10 Residential District" Subsection (4a) to provide for grounds and facilities for private country clubs, golf courses, equestrian centers and lakes operated on a profit or nonprofit basis and other private clubs on a minimum of two (2) acres operated on a nonprofit basis upon and after obtaining a special use permit. (P89-93) This item was presented by Al Mitchell stating that this is the same type amendment presented recently on Golf courses. This is just adding equestrian centers to the list of uses that would be allowed, but through a Special Use Permit process. The Planning Department has recommended approval of the amendment. This is the advertised public hearing. The public hearing was opened at 7:20 p.m. and recognized n favor was Chuck Weber, 316 North Reilly Road, owner of property near the City limits who plans to develop an equestrian oriented community in the near future and petitioned for annexation. Appearing in opposition was Clinton Harris, Coordinator for Fayetteville/Cumberland County Citizens Association, P.O. Box 1792. He objected to the ordinance not being passed to regulate dams on these lakes, from breaking. He also had asked in the past for a non-discriminatory clause to be placed in the Special Use Permits and stated this has not been done. There being none further to be heard, the public hearing was closed at 7:30 p.m. There was discussion concerning the responsibility of the dams and the City Attorney responded that the City is only responsible for four dams that we upgraded and they all held during the last flood. Councilmember Thompson asked if any properties preparing for annexation can be required in writing that lakes or dams meet the requirements of the state or whatever before we accept the property for annexation. The City Attorney responded that the City can only enforce the laws the North Carolina Legislature says we have the right to enforce. ORDINANCE AMENDING CHAPTER 32 “ZONING" OF THE CODE OF ORDINANCES. ORDINANCE NO. S1989-27. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, 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 Ordinances book 1989. At this time Mayor Dawkins recognized Ms. Juanita Gonzalez of the Board of Education present in the audience. 4. PWC Matters: A. Consideration of proposed Ordinance approving two changes to the PWC Retirement Plan. This item was presented by Tim Wood stating this ordinance is to bring the PWC Retirement Plan more in line with state and local government's plans dealing with retirement age. There will be no additional contributions required from PWC. ORDINANCE AMENDING THE AMENDED AND RESTATED EMPLOYEES' RETIREMENT PLAN OF THE PUBLIC WORKS COMMISSION OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. NS1989-30. 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 ordinances Book NS1989. 5. Consideration of amendment to Section 26-42(b) of the City of Fayetteville Code of ordinances regarding vehicular traffic on the Transit Mall. City Manager Smith stated that the City received approval from UMTA but an ordinance was not adopted. This ordinance deals with speed limit and one-way only. AN ORDINANCE AMENDING SECTION 26-42 (b). ORDINANCE NO. S1989-28. Councilmember Kendrick 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 ordinances Book S1989. 6. Consideration of resolution fixing date of public hearing on question of annexation pursuant to G.S. 160A-31, as amended (Broadwell Land Company Property - Country Club Hills. Section 2). (Recommended date is October 23, S1989) Assistant City Manager Stancil presented this item stating that the resolution directing the City Clerk to investigate the sufficiency was adopted and the certification has been made. This resolution is fixing the date of the public hearing for October 23, 1989. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO GS 160A-31 AS AMENDED. RESOLUTION NO. R1989-143. Councilmember Bolton moved to adopt the resolution, seconded by Councilmember Wofford and 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 R1989. 7. Appearance by L.D. Godwin (regarding property on Water Street). Mr. Godwin appeared before Council and tried to describe the terrible conditions that exist on Water Street much as lots that need to be cleaned off and a large hole in the street. He stated that because of these conditions snakes and other animals make it dangerous for the people in the area, especially the children. Frank Simpson, Inspections Superintendent, stated that letters had been sent to the lot owners and all but two had cleaned up their lots. They are following up on the two lot owners. Wachovia Trust has some undeveloped woods on a five-acre tract and has not been contacted. Following lengthy discussion, Councilmember Thompson suggested that a letter be sent to Wachovia Trust informing them of the condition and requesting help in alleviating the situation with their property. Mr. Simpson stated they may not be aware of the situation. 8. Appearance by Carrie Grace, Coordinator for Weekend Dinner Program. Ms. Grace requested Council supply a building for them to prepare their weekend dinners, store their kitchen utensils, and have public toilets and showers and possibly a day room for the 40 to 60 people their program serves. He stated that at that time, meals are served at Campbell Terrace Housing Center by volunteers who must transport utensils for use each time they serve. The City Manager stated that at this time the City has no unoccupied buildings. Ms. Grace then asked if possibly the City had some land they could use because there were people who would donate buildings for the use of their program for feeding the working poor and street people of Fayetteville. Following some discussion, the Mayor with no objection from Council referred this to Administration to check on suitable land and report back to Council. 9. Consideration of request to ban smoking at City Council Meetings. Request made by Councilmember Ida Ross. Councilmember Ross stated she had tried unsuccessfully in the past to have smoking discontinued in the Council Chamber and feels this is harmful to smokers and non-smokers alike, therefore she moved to discontinue smoking at City Council meetings, seconded by Councilmember Torrey. Councilmember Bolton offered substitute motion to refer this matter to the Policy Committee, seconded by Mayor Pro-Tem Evans. Following some discussion, the vote was called and the substitute motion carried 5 to 4 With Councilmember Torrey, Thompson, Ross, and Wofford voting against. City Manager Smith stated that through the Employee Suggestion Program they are working on putting together a City Employee Task Force for this issue. Mayor Dawkins requested that the Policy Committee report back as soon as possible concerning not only the Council Chambers but City buildings. 10. Appointments: A. Nominations to fill one vacancy on the Joint Senior Citizens Advisory Commission. There were no nominations made to fill the vacancy to September 1991 of Mr. Raymond Morton. B. Nominations to fill four vacancies on the Parks and Recreation Advisory Commission. Councilmember McBryde nominated Sandy Saunders, Councilmember Pillow nominated Robert Butler for a second term and David Pugh, and Councilmember Ross nominated Ward, Mayor Pro-Tem Evans nominated Judy Musgrave, and Councilmember Wofford nominated Ann Morriss. C. Nominations to fill one vacancy on the Human Services Commission. Councilmember Kendrick nominated Marie Pressier to fill the unexpired term to 1991 of Clair Hudspeth. 11. Administrative Reports - None were reported. Councilmember Ross questioned the progress on renaming 401 By-Pass after Martin Luther King, Jr. Councilmember Kendrick, Chairman of the City/County Liaison Committee reported that all the City and County streets renaming or changing will come under a uniform policy in the City and County. The Renaming Committee was delayed due to the flooding and hurricane problems. City Manager Smith added that a report from the staff committee meeting will be made at the next liaison meeting. There being no further business, the meeting was adjourned upon motion and second at 9:50 p.m. REGULAR MEETING MONDAY, OCTOBER 23, 1989 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, OCTOBER 23, 1989 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); Milt Wofford (District 5); and Mark Kendrick (District 6) Absent: Horace K. Thompson, Jr. (at-large) excused; Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Richard Herrera, Community Services Director Robert M. Bennett, City Engineer Louis Chalmers, City Traffic Engineer Tim Wood, PWC Manager Herb McKim, Ballard, McKim, and Sawyer Members of the Press Mayor Dawkins called on City Manager Smith to offer the invocation followed with the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins announced that the Fayetteville/Cumberland County Council for Persons with Disabilities will hold an awareness seminar and job fair on Friday, October 27, 1989, from 9 a.m. until noon at Fort Bragg Officer's Club, Lafayette Room. The Mayor offered condolences to Councilmember McBryde for the loss of his mother-in-law, Mrs. Elsie Thomas of Tampa, Florida. He also stated that Councilmember Thompson is home from the hospital awaiting test results. RECOGNITION: Presentation of 25 Year Service Award Pin to Duke Piner, Chief, Fayetteville Fire Department Mayor Dawkins thanked Chief Pete Piner for what he has done in the past and what he will do in the future. Chief Piner received a standing ovation. Mayor Dawkins entertained a motion to excuse Councilmember Thompson from tonight's meeting due to illness. Councilmember Wofford moved to excuse Councilmember Thompson, seconded by Councilmember Ross and carried unanimously 8 to 0. 1. Approval of Agenda City Manager Smith requested to delete Item 2.0. from the agenda to be brought back at a later date. Also, the City Attorney had requested to add Item 18 for a claims settlement. Mr. Cogswell also requested that the contract given Council separate from the agenda packet be included in Item 2.R. for approval. Councilmember McBryde moved to approve the agenda with the deletion and additions as recommended, seconded by Councilmember Bolton 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 Torrey requested to pull Items O. and T.1., Mayor Pro-Tem Evans requested to pull Items S. and all of T., and Councilmember Kendrick requested to pull Items G. and P. Councilmember McBryde moved to approve the consent agenda, with the exceptions of G., P., O., S., and T., having been pulled for discussion. After a second by Councilmember Bolton, the consent agenda and following items were unanimously approved. A. Approval of minutes of regular meeting of September 5, 1989. B. Approval of minutes of regular meeting of September 18, 1989. C. Approval of minutes of regular meeting of October 2, 1989. D. Approval of tax refunds as follows: Tax refund in the amount of $52.58 to Cape Fear Optical Inc., - inventory incorrectly stated by accountant. Tax refund in the amount of $4.94 to Cape Fear Optical Inc., - late list assessed in error. Tax refund in the amount of $57.12 to Walter S. Craft - illegal tax, military exemption left off. Tax refund in the amount of $11.73 to Robert Sterling Kidd - clerical error: billed in wrong tax district. Tax refund in the amount of $40.39 to Terrie Lea Tapley - clerical error: billed in wrong tax district. Tax refund in the amount of $148.05 to Jacqueline K. White - clerical error: billed in wrong tax district. Tax refund in the amount of $58.45 to Ronald Gray Woolsey - clerical error: billed in wrong tax district. Tax refund in the amount of $15.26 to William O. Joyner - clerical error: billed in wrong tax district. Tax refund in the amount of $34.22 to Albert and Glenda Richardson - clerical error: billed in wrong tax district. E. Approval of Estoppel and Modification Agreement, Extension of Loan to Ritchie Smith to September 1, 1994. F. Award of contract for security system at the Butler-Warner Generation Plant to Allen Security & Consultant Company, low bidder in the amount of $77,990.40. (PWC) Bids received were as follows: Allen Security and Consultant Company $77,990.40 Photo-Scan Security Systems $86,402.00 G. (PULLED FOR DISCUSSION) H. Approval of exchange of surplus weapons per resolution R1989-141 to highest bidder of Southern Public Safety in the amount of $7,220.00. Bids received were as follows: Southern Public Safety $ 7,220.00 Cumberland Knife and Gun Works, Inc. $ 5,001.00 RESOLUTION AUTHORIZING EXCHANGE OF WEAPONS. RESOLUTION NO. R1989-144. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. I. Adoption of Budget Ordinance Amendment 90-5. This change is necessary to accomplish the following actions: A. Transfer $33,085 from several departments to Information Systems Department to consolidate monies for purchase of computer equipment. B. Account for unanticipated revenues from the sale of meal tickets and donations from the City employee picnic of $1,300.00 - to be used to help cover the cost of the picnic. C. Account for unanticipated revenues of $915.00 received from 1989 MBD Advertising Fees - to be used to pay the printing cost of the directory. D. Increase fund balance appropriation of CBD Tax Fund by $1,000.00 to cover lease purchase payment for Christmas decorations for City streets. A copy of the foregoing budget ordinance amendment is on file in the Clerk's office in Budget Ordinance Amendment Book 1989. J. Adoption of Capital Project Ordinance Amendment Changes 90-4, 90-5 and 90-6. Change 90-4 (Airport) to reallocate FAA grant monies from one project to another within the Capital Project and to set up the budget therein. Change 90-5 to account for private donations to be used for building improvements in the amount of $70,000.00. Change 90-6 (Engineering) to transfer monies from the Powell Bill Fund in the amount of $641,000.00 and from PWC in the amount of $1,412,269.00 to the Street Construction Capital Project for a total of $2,053,269.00 for street construction in recently annexed areas. Copies of the foregoing Capital - Project Ordinance Amendment Changes are on file in the Clerk's office in Capital Project Ordinance Amendment Change Book 1989. K. Set public hearing for November 20, 1989, to consider the rezoning from R10 Residential District and R6 Residential District to R5 Residential District or to a more restrictive zoning classification for an area located north of Village Drive, east of Purdue Drive and being south of Dark Branch. (P89-92) L. Set public hearing for November 20, 1989, to consider the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 611 Country Club Drive. (P89-117) M. Set public hearing for November 20, 1989, to consider an application by John J. Rose for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-30, Item (12) to establish residential uses in a C2S Central Business District for an area located at 124 Bow Street. (P89-11B) N. Set public hearing for November 20, 1989, to consider amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 27 “Subdivisions," Article II “Minimum Standards of Design," Section 27-10(g)(11) to set forth that swimming pools which are constructed within a group development shall be located not less than fifty (50) feet from any street and not less than one hundred (100) feet from any other property line; amending Chapter 32 “Zoning," Article IV “District Use Regulations," Section 32-22(1) by adding decks (Platforms), open and uncovered, attached to a building is permitted as an accessory structure and may encroach into any yard; amending Chapter 32 “Zoning," Article VI “General Dimensional Regulation," Section 32-49(4) by providing for solid or nonsolid fencing not to exceed seven (7) feet in height may be used in any required yard to enclose a group development. (P89-126) O. (DELETED) P. (PULLED FOR DISCUSSION) Q. (PULLED FOR DISCUSSION) R. Approval of award of contract for street and drainage repairs- to McDonald Grading Company pursuant to flood emergency resolution in the amount of $76,686.90. S. (PULLED FOR DISCUSSION) T. (PULLED FOR DISCUSSION) 2G. Award of contract for painting three Fuel Oil Tanks to Crawford Paint Company, only bidder on two separate occasions in the amount of $50,638.00. (PWC) Councilmember Kendrick questioned the location of the fuel oil tanks. Mr. Wood responded that they were at the Generation Plants. Mr. Wood explained that the problem with getting bidders is because the smaller companies cannot get performance bonds. Councilmember Kendrick moved to award the contract as recommended, seconded by Councilmember Bolton and carried unanimously 8 to 0. 2P. Set public hearing for November 20, 1989, to consider a resolution requiring the paving without petition of Mawood Avenue from Old Gate Road to Old Gate Road. Councilmember Kendrick questioned if this included water and sewer. City Engineer Bennett responded that it would. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF MAWOOD AVENUE FROM OLD GATE ROAD TO OLD GATE ROAD. RESOLUTION NO. R1989-145. Councilmember Kendrick 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 R1989. 2Q. Set public hearing for November 20, 1989, to consider resolutions ordering an extension of the sanitary sewer system into the following streets or portions of streets: Cliffdale Road, Farmington Street, Morganton Road, Amstead Avenue, Lynhurst Drive, Merritt Drive, Blairmore Place, Lansdowne Road, Onie Court, Cornish Street, Windermere Drive, Old Gate Road, Dahlgren Avenue, Docia Circle, Mawood Avenue, Elstree Place, and Hearthstone Drive. Councilmember Torrey questioned if all of these streets were inside the City of Fayetteville and the City Engineer responded they were. PRELIMINARY RESOLUTION ORDERING EXTENSION OF SANITARY SEWER COLLECTION SYSTEM INTO CLIFFDALE ROAD, AMSTEAD AVENUE, BLAIRMORE PLACE, CORNISH STREET, DAHLGREN AVENUE, ELSTREE PLACE, FARMINGTON STREET, LYNHURST DRIVE, LANSDOWNE ROAD, WINDERMERE DRIVE, DOCIA CIRCLE, HEARTHSTONE DRIVE, MORGANTON ROAD, MERRITT DRIVE, ONIE COURT, OLD GATE ROAD, MAWOOD AVENUE, AND PAMALEE DRIVE. RESOLUTION NO. R1989-146. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. 2S. Approval of the sale of City/County owned property - Lots 188 and 189, Lawrence Avenue. Mayor Pro-Tem Evans requested that the minutes reflect the price of the property to David Hollingsworth is in the amount of $1,400.00 and the City's share is $616.00. Mayor Pro-Tem Evans moved to approve the sale of the City/County owned property as recommended, seconded by Councilmember Bolton and carried unanimously 8 to 0. 2T. Adoption of resolution declaring cost and ordering preparation of preliminary assessment role and setting time and place for public hearing for the following: Councilmember Torrey asked the City Engineer if the drainage pipes were large enough already in the Sycamore Dairy Road area because he had noticed a small amount of flooding there. Mr. Bennett responded that the catch basins were stopped up is the reason for the flooding rather than the capacity of the pipes. Mayor Pro-Tem Evans requested that the date of the public hearing be set at November 20, 1989, and shown in the minutes. Paving 1. Varrene Street 2. Stanberry Street (from Corrina Street to eastern line of H.L. Dawson property) 3. Stanberry Court (from Stanberry Street to northeast corner of Lot 10 and Lot 29) 4. Hawley Lane Water and Sewer 1. Sycamore Dairy Road RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF VARRENE STREET (FROM CAIN ROAD TO DEAD-END). RESOLUTION NO. R1989-147. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF STANBERRY STREET (FROM CORRINA STREET TO EASTERN LINE OF THE H. L. DAWSON PROPERTY, PB 17/52). RESOLUTION NO. R1989-148. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF STANBERRY COURT (FROM STANBERRY STREET TO N/E CORNER LOT 10 AND N/W CORNER LOT 29, PB 17/52). RESOLUTION NO. R1989-149. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF HAWLEY LANE (FROM EXISTING PAVEMENT AT BLOUNT'S CREEK BRIDGE TO GROVE STREET). RESOLUTION NO. R1989-150. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR WATER MAIN AND/OR SANITARY SEWER EXTENSION OF SYCAMORE DAIRY ROAD (FROM NORTHSIDE OF DAMASCUS TO 401 BYPASS). RESOLUTION NO. R1989-151. Councilmember Torrey introduced the foregoing resolutions and moved their adoption, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1989. 3. Public Hearings: Mayor Dawkins reviewed the policy on the time limit for the public hearings. A. Consideration of adoption of resolutions for the Paving, Storm Drainage, Sanitary Sewer, and Water Distribution on selected streets or street portions in the following areas annexed in 1988: 1. Final Resolution Ordering an Extension of the Water Distribution System of the City of Fayetteville, North Carolina, into Blanton Road and Mintz Mill Road. City Engineer Bennett presented this item and stated that this is the advertised public hearing. He requested to revise the resolution to delete the east side of Blanton Road and Mintz Mill Road at the request of PWC because they have a better way of servicing this area. The public hearing was opened at 7:23 p.m. There was none appearing for or against this item. The public hearing was closed at 7:24 p.m. FINAL RESOLUTION ORDERING AN EXTENSION OF THE WATER DISTRIBUTION SYSTEM INTO BLANTON ROAD. RESOLUTION NO. R1989-152. Councilmember Wofford introduced the foregoing resolution and moved its adoption with the revision, 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 R1989. 2. Final Resolution Requiring the Paving Without a Petition of Converse Court, Summer Duck Road and Buie Circle. Mr. Bennett presented this item and stated that this was the advertised public hearing. The public hearing was opened at 7:28 p.m. There was none to appear in favor. Appearing in opposition was Ms. Jeanette Dudley, 1510 Sweeney Street, property owner on Converse Court. She questioned why the City is charging $10 per foot instead of the $4. Mayor Dawkins responded that Council recently approved an increase to $10 per front foot for paving. Also appearing in opposition was Tom Bravley, property owner at the corner of Ruritan Club Drive and Jarvis Street. He questioned why Jarvis Street, that has never been paved, is not going to be paved before Summer Duck. Mr. Bennett responded that Summer Duck was in desperate need of reconstruction and a petition had been filed for work to be done. If a petition is received on Jarvis Street right away, it can be included in the same contract. There being none further to be heard, the public hearing was closed at 7:34 p.m. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF CONVERSE COURT, SUMMER DUCK ROAD, AND BUIE CIRCLE. RESOLUTION NO. R1989-153. Councilmember Pillow introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. At this time Mayor Dawkins introduced and recognized the Youth Council members that had come into the chambers. They are Sherrie Johnson, Any Goodwin, Liz Gibson, David Catlett, and James Green. 3. Final Resolution Requiring the Paving Without Petition and Ordering an Extension of the Sanitary Sewer Collection System of the City of Fayetteville, North Carolina, of and into Nix Road, Buie Circle and Tarheel Drive. This item was presented by City Engineer Bennett. The public hearing was opened at 7:39 p.m. There was none to appear in favor. Appearing in opposition was Charlie Astrike, 5407 Tarheel Drive. He questioned out-of-pocket expenses, sidewalks, hookup, and separate meters for watering lawns. Tim Wood responded that the sanitary sewer system would be one-third of the cost, which would be approximately $9 a front foot and there could be separate meters for watering lawns. City Manager Smith responded that the street assessment is a flat $10 per front foot fee. The sidewalks are installed by petition and there is a maximum of $5 per front foot. There being none further to appear the public hearing was closed at 7:44 p.m. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT PETITION AND ORDERING AN EXTENSION OF SANITARY SEWER COLLECTION SYSTEM OF AND INTO NIX ROAD, BUIE CIRCLE, AND TARHEEL DRIVE. RESOLUTION NO. R1989-154. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its 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 R1989. 4. Final Resolution Ordering an Extension of the Sanitary Sewer Collection System and Water Distribution System of the City of Fayetteville, North Carolina, into Oakwood Street, Kathy Street, and Blanton Road. This item was presented by City Engineer Bennett requesting that Mintz Mill Road be deleted from the Resolution. The public hearing was opened at 7:45 p.m. and appearing in favor was Barbara Kessling, Oakwood Street property owner. She asked if there would be curbs and gutters. Mr. Bennett responded that it would be repaved as it is now. However, she could petition for the upgrade if she desired. There was none opposed and none further to appear. The public hearing was closed at 7:50 p.m. FINAL RESOLUTION ORDERING AN EXTENSION OF SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM INTO OAKWOOD STREET, KATHY STREET, AND BLANTON ROAD. RESOLUTION NO. R1989-155. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption with the change, 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 R1989. 5. Final Resolution Ordering an Extension of the Sanitary Sewer Collection System of the City of Fayetteville, North Carolina, into Calla Circle, Creed Street, Bragg Boulevard, Vivian Drive, Woodhaven Circle, Arbutus Trail, Kinlaw Road, U.S. 401 North, Ruritan Drive, Jarvis Street, West Tarheel Drive, Nix Road, Bellflower Street, Bedell Place, Campground Road, and Wintergreen Drive. This item was presented by City Engineer Bennett requesting that Mintz Mill Road be deleted from the Resolution. The public hearing was opened at 7:52 p.m. There being none to speak in favor or opposition to this item, the public hearing was closed. FINAL RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM INTO CALLA CIRCLE, CREED STREET, BRAGG BOULEVARD, VIVIAN DRIVE, WOODHAVEN CIRCLE, ARBUTUS TRAIL, KINLAW ROAD, U.S. 401 NORTH, RURITAN DRIVE, JARVIS STREET, WEST TARHEEL DRIVE, FIX ROAD, BELLFLOWER STREET, BEDELL PLACE, CAMPGROUND ROAD, AND WINTERGREEN DRIVE. RESOLUTION NO. R1989-156. Councilmember Kendrick introduced the foregoing resolution and moved its adoption with the deletion, 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 R1989. B. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (pursuant to G.S. 160A-31, as amended annexation by petition of contiguous area) Broadwell Land Company Property - Country Club Hills, Section 2). This item was presented by Assistant City Manager Stancil stating that this was the advertised public hearing and it is a petitioned annexation request. Staff recommends no action be taken following the public hearing and it be brought back in January for adoption of the ordinance to be effective June 30, 1990. The public hearing was opened at 7:56 p.m. and there was none to appear in favor. Appearing in opposition was Clinton Harris, Coordinator for Fayetteville/Cumberland County Citizens Association, P.O. Box 1792. He stated that they were in opposition to this annexation because it would dilute the minority voting strength in District 1. In addition it would dilute the minority voting strength in the City. Also District 4 is a Landlock District and District 1 has exceeded its 10% variance and additional annexation without redistricting is improper. Mr. Harris questioned what assurance this annexation and construction would be given the citizens that live near the flood plane, that this property would adequately have storm drainage to correct all conditions in the Greens. There being none further to be heard on this item, the public hearing was closed at 7:59 p.m. Councilmember Kendrick questioned where the storm drainage ran into from this area. Mr. Bennett responded that it runs into the lake just north of the 401 Bypass at Lake Bend Drive and would do so no matter what the political boundary would be. No action was taken. 4. PWC Matters: A. Report on Street Lighting I-95/NC-53 Interchange. This item was presented by PWC Manager Tim Wood. At the conclusion of his report, he stated they were unaware of any highway oriented commercial areas served by PWC that are furnished “special" street light treatment subsidized by PWC customers. He strongly urged that Council consider the precedent which would be established by providing special lighting to this area. He did say that they are in the process of getting Cedar Creek Road lighted now and this may affect the light projected onto the ramps. Following some discussion Councilmember McBryde moved to authorize staff to advertise a public hearing following notice from PWC of installation of lights on Cedar Creek Road, seconded by Councilmember Bolton and carried 7 to 1 with Councilmember Torrey voting against. 5. Planning Board Matters: A. Consideration of the rezoning from R10 Residential District and P1 Professional District to C1 Local Business District or to a more restrictive zoning classification than presently zoned for an area located at 2919 Ramsey Street (Us 401 Business) (P89-119). This item was presented by Al Mitchell stating that the Planning Board recommends approval of P1 to C1 and approval of the R10 which fronts on Ramsey Street to C1 and denial of the rezoning of the R10 located on the rear of this property. Staff also recommends this because it is a logical extension of the C1 Local Business District located to the south. Following some discussion, Councilmember Wofford moved to follow the recommendation of the Planning Board, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. 6. Consideration of approval of construction contracts for Prince Charles Hotel/Social Services parking project. The City Manager presented this item and introduced Herb McKim who gave a report on the proposed spaces. There are 714 spaces total for the Prince Charles Hotel, City Hall, and Social Services. There are 159 parking spaces for Prince Charles Hotel, 148 spaces for Amtrak Station, 23 handicapped spaces at Social Services and 384 parking spaces for Social Services Department. Following Mr. McKim's report, the City Manager recommended that funds available in the project for parking be utilized in Phases I (Prince Charles Hotel) and III (Social Services) in the amount of $826,575.00 for paving and electrical. Mr. Smith further recommended that they utilize the street construction funds for Phase IV (Maiden Lane Extension) in the amount of $147,538.00 for the combined bids. He then recommended that Phase II be held for two weeks for study since it is less crucial. There is money set aside for downtown parking. Bids received were as follows: BASE BID COMBINATION Miller Building Corporation $1,468,000 *Barnhill Contracting Company $ 981,460 ELECTRICAL King Electric Company $ 148,700 *Billy's Electric Company $ 147,887 Watson Electric Company $ 171,086 * Low Bidder Following some discussion, Councilmember Torrey moved to follow the recommendation to award contracts to low bidders for Phases I, III, and IV, seconded by Councilmember Wofford. The motion carried 5 to 3 with Councilmembers McBryde, Bolton, and Evans voting against. 7. Consideration of award of contracts for Street Construction, Drainage and Utilities for annexation areas of the following: A. Area 4 (Kornbow) and Area 5 (Karen Lace Drive and Kathy Street), Engineering Department Project fB03-376-89 to low bidder, Nortec Construction Services, Inc. The three lowest bidders were as follows: 1. (Low) Nortec Construction Services, Inc. $289,890.26 2. T. A. Loving Company $393,097.00 3. Carlisle Contractors, Inc. $397,456.00 City Estimate $260,902.20 A copy of the bid tabulation is attached to these minutes. Councilmember McBryde moved to award the contract to the low bidder, Mortec Construction Services, Inc., in the amount of $289,890.26, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. B. Area 1 (Kinwood), Area 2 (Kinwood Island), Area 6 (Bragg Boulevard), and Area 8b (Eden), Engineering Department Project 5BO2-375-89 to low bidder, Barnhill Contracting Company in the amount of $1,326,453.85. The three lowest bidders were as follows: 1. (Low) Barnhill Contracting Company $1,326,453.85 2. State Utility Constructors, Inc. 1,406,533.19 3. T. A. Loving Company 1,427,213.00 City Estimate $1,304,597.80 A copy of the bid tabulation is attached to these minutes. Mayor Pro-Tem Evans moved to award the contract to the low bidder of Barnhill Contracting Company in the amount of $1,326,453.85, seconded by Councilmember Wofford and carried unanimously. 8. Consideration of a request from N.C. DOT for a resolution to transfer maintenance of Sycamore Dairy Road from N.C. DOT to the City. RESOLUTION AUTHORIZING THE ACCEPTANCE OF SYCAMORE DAIRY ROAD (S.R. 1405) FROM BRAGG BOULEVARD TO NORTH MCPHERSON CHURCH ROAD. RESOLUTION NO. R1989-157. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. 9. Consideration of a resolution directing the City Clerk to investigate the sufficiency of a petition for annexation received under G.S. 160A-31, as amended (Holt Oil Company, Inc. Property - College Lakes AmoCo - 4117 Ramsey Street) RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1989-158. Councilmember McBryde 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 R1989. 10. Consideration of adoption of ordinance amending Chapter 20 of the Fayetteville 10 City Code, “Motor Vehicles and Traffic" (elimination of prohibition of right turn on red at Market Square). (Effective October 27, 1989) AN ORDINANCE AMENDING CHAPTER 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 16). ORDINANCE NO. NS1989-31. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Wofford 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 Ordinances Book NS1989. At this time Mayor Dawkins recognized Liz Proctor from Rocky Mount who recently joined radio station WFNC to cover the City news. 11. Consideration of endorsement of N.C. DOT plan for Market Square improvements. This item was presented by Traffic Engineer Chalmers with a recommendation, following an in-depth review, to close the Person Street entrance to the Market House circle in order to improve traffic flow at this location. Mayor Pro-Tem Evans moved to set a public hearing for January 2, 1990, seconded by Councilmember Wofford and carried unanimously 8 to 0. 12. Consideration of recommendations from the Transportation System Management Team regarding Central Business District parking management. City Manager Smith presented this item requesting approval of the recommended rate structure revisions effective January 1, 1990, consisting of leased parking from $10 to $12 monthly and the hourly attendant lots from 2 hours free and 50¢ per hour thereafter to 25¢ for the first 2 hours and 25¢ per hour thereafter. The next recommendation is to implement the Park and Ride on an experimental basis. The most important recommendation to be considered is the utilization of the Lamon Street property as a graveled parking lot for this Park and Ride Program, since the Social Services Department's parking area will be under construction. Following some discussion, Mayor Pro-Tem Evans moved to set an information meeting for November 13 for this item and any other items necessary, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 13. Consideration of exchange of easements between Public Works Commission and Kings Grant Club. The City Attorney requested that on the last page of the notice to the newspaper it should show Robert C. Cogswell, City Attorney, instead of the City Engineer's name. Councilmember McBryde moved to authorize advertisement and make the change as recommended, seconded by Councilmember Bolton and carried 6 to 2 with Councilmembers Torrey and Ross voting against. 14. Consideration of Agreement with Quaker House of Fayetteville for construction of fence on the rear of their property adjacent to Rowan Street Park. Councilmember Wofford moved to approve the agreement as recommended, seconded by Councilmember Ross and carried unanimously 8 to 0. 15. Consideration of K-9 disposal policy. City Manager Smith presented this item and stated he feels comfortable with this policy, however, Council may prefer to refer this to the Policy Committee. Mayor Pro-Tem Evans moved to approve the K-9 disposal policy, seconded by Councilmember Kendrick and carried unanimously 8 to O. 16. Appointments: A. Nominations to fill two vacancies on Joint Senior Citizens Advisory Commission. Councilmember McBryde nominated Mrs. Millie Knowles and Councilmember Pillow nominated Mr. James Flanders. B. Nominations to fill four vacancies on Parks and Recreation Advisory Commission. Councilmember McBryde nominated Brad Hurley to be added to the nominations made at the last meeting Which were: Sandy Saunders by Councilmember McBryde, Robert Barber by Councilmember Pillow, David Pugh by Councilmember Pillow, Judy Musgrave by Councilmember Evans. The name of Les Ward by Councilmember Ross was withdrawn due to Mr. Ward being an outside the City resident and the name of Ann Morriss by Councilmember Wofford was withdrawn due to her serving on another Commission. Mrs. Ross then nominated Theodore Papadeas and Councilmember Wofford nominated Mrs. Peggy Bolt. Mayor Dawkins called for a vote and the following were elected for the four vacancies to serve two-year terms to October 1991: Sandy Saunders with 8 votes, Brad Hurley with 6 votes, Robert Barber with 5 votes and David Pugh with 4 votes. Mrs. Holt and Mrs. Musgrave received three votes, and Mr. Papadeas received one vote. C. Nominations to fill two vacancies on Human Services Commission. Mayor Dawkins called for a vote on Mrs. Marie Pressler to fill the unexpired term of Mr. Claire Hudspeth to March 1991. The vote carried unanimously 8 to 0. There were no nominations to fill the unexpired term of Mary Tayton to March 1991. D. Nominations to fill one vacancy on Fayetteville Revitalization Commission. There were no nominations made to fill the unexpired term of Owen Spears to June 1990. 17. Administrative Reports: A. Statement of taxes collected for the month of September, 1989, from Cumberland County Tax Collector. Council accepted the statement of taxes collected for the month of September, 1989, in the amount of $738,490.32. 18. Settlement of Claim. The City Attorney recommended settlement of claim of Dolly H. Davenport individually and as Secretary-Treasurer of Carolina Armature Works, Inc., and Carolina Armature Works, Inc., in the amount of $1,579.17 involving an automobile accident. Councilmember Wofford moved to follow the recommendation and approve the settlement, seconded by Councilmember Pillow and carried unanimously 8 to 0. Mayor Dawkins reminded everyone of November 1 Public Hearing in Council Chambers concerning discontinuance of bus service from Fayetteville to Greensboro and Wilmington. Councilmember Kendrick announced that there would be a City/County Liaison Committee meeting on October 26, 1989, at 12 noon at the Golden Corral Steakhouse, Bragg Boulevard. There being no further business, the meeting was adjourned at 9:45 p.m. REGULAR MEETING MONDAY, NOVEMBER 6, 1989 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, NOVEMBER 6, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Horace K. Thompson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Milt Wofford (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager John B. Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Robert M. Bennett, City Engineer George Vaughan, Joint Planning Department Director Tim Wood, PWC Manager Tom McNeil, PWC Property Acquisition Supervisor Tom Ray, Airport Manager Louis Chalmers, City Traffic Engineer Walter Haire, City Housing Inspector Members of the Press Mayor Dawkins welcomed everyone to the first meeting in November and called on Reverend Randy White, Trinity Baptist Church, Hillsboro Street, to offer the invocation. The Mayor then led in the Pledge of Allegiance to the American Flag. RECOGNITION: The Mayor introduced Renie Carroll with the Convention Tourism Bureau and expressed appreciation for her assistance in Raleigh in bringing the 1993 North Carolina League of Municipal Conference to Fayetteville. 1. Approval of Agenda City Attorney Cogswell requested that Council add to the agenda Item 12 for a claims settlement. Councilmember McBryde moved to approve the agenda with the addition of Item 12, seconded by Councilmember Kendrick and carried unanimously. 2. Consent: The City Attorney requested that under Item 2.C., Council authorize City Manager to execute the lease. Mayor Dawkins then asked if any items should be removed before calling for action. There being no requests for removal, Councilmember McBryde made a motion to approve the consent agenda and each item as presented with change. After a second from Councilmember Bolton, the consent agenda and following items ware unanimously approved: A. Set public hearing for December 4, 1989, to consider amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32 “Zoning," Article XI “Amendment," Section 32-73(c) by deleting the second sentence thereof and substituting the following: Any action on the part of the City Council under this subsection other than to approve the recommendation of the Planning Board shall require a public hearing, which may be set upon a simple majority vote of the actual membership of the City Council. Notice and advertisement of this public hearing shall be done in accordance with subsection (a) herein. (PB9-127) B. Adoption of Budget Ordinance Amendment Change 90-6. To account for $467.00 received from Police Department's D.A.R.E. Program as a result of a donation by the Round-A-Bout Skating Rink, Eutaw Shopping Plaza. (General Fund) A copy of the Budget Ordinance Amendment Change is on file in the Clerk's office in Budget Ordinance Amendment Change Book 1989. C. Approval of Lease Agreement between the City of Fayetteville and Bragg Mutual Federal Credit Union for space in the City Hall Building at 116 Green Street for a six month period to April 30, 1990, and authorize City Manager to execute the lease. D. Adoption of resolution accepting a portion of Christian Street from Deep Creek Road to southwest corner of Lot 71, Plat Book 7, Page 137, Cumberland County Registry, as an all purpose utility easement. RESOLUTION FOR THE ACCEPTANCE OF AN ALL-PURPOSE UTILITY EASEMENT. RESOLUTION NO. R1989-159. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. 3. Public Hearings: Mayor Dawkins reviewed the policy on the time limit for the public hearings. A. Consideration of a resolution closing Elvira Street from: A. Pearl Street to Cape Fear Avenue B. Cape Fear Avenue to Pilot Avenue This item was presented by City Engineer Bennett. On October 2 the Council accepted the street in order to proceed with legal requirements to officially withdraw from dedication. He stated he sees no public need for this street and recommended adoption of the resolution closing it from general public use, but allowing for the abutting property owners to assume control of one-half of the right-of-way adjacent to each individual abutting property. All abutting property owners have been notified of this advertised public hearing. The public hearing was opened at 7:12 p.m. and appearing in favor was Robert Steel, 611 Pilot Avenue, property owner. There was none appearing in opposition and the public hearing was closed at 7:13 p.m. RESOLUTION AND ORDER CLOSING ELVIRA (FORMERLY JOHN) STREET. RESOLUTION NO. R1989-160. Mayor Pro-Tem Evans 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 Resolutions Rook R1989. B. Consideration of resolution closing a thirty-foot lane, as shown on plat of the Alton G. Murchison Subdivision, as recorded in Plat Book II, Page 36, Cumberland County Registry. City Engineer Bennett presented this item stating that he foresees no public need to maintain this thirty-foot lane as a public travelway; however, PWC has a need to retain an all-purpose utility easement which is included in the resolution. Cohen and Green Salvage Company is the owner of the land on each side of the lane. Mr. Bennett recommends adoption of the resolution. The public bearing was opened at 7:15 p.m. and appearing in favor was Michael Green, 3339 Quarry Road. There was none to appear in opposition and the public hearing was closed at 7:16 p.m. RESOLUTION AND ORDER CLOSING A THIRTY-FOOT LANE. RESOLUTION NO. R1989-161. Councilmember Ross introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. C. Consideration of an application by John T. Henley, Jr., 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 R6 Residential District, and being located at 2701, 2705, 2709 and 2713 Luther Drive. (P89-107) George Vaughan presented this item. He stated since this will be tied in with the rest of the retirement community, they are recommending approval of the Special Use Permit provided that access be made to the elderly and a driveway into Purdue Street be provided. The public hearing was opened at 7:20 p.m. and appearing in favor was Dr. John Henley, 2809 Skye Drive. There was none to appear in opposition. The public hearing was closed at 7:23 p.m. The City Attorney stated that if Council does decide to approve this Special Use Permit, it should be with the findings that the use shall fit in with the character of the area in which it is proposed and that the proposed use would not be detrimental to the surrounding neighborhood. Also that the proposed day care be licensed and operated in accordance with applicable local and state regulations. Councilmember Bolton moved to approve the Special Use Permit with the findings and the conditions as recommended, seconded by Councilmember McBryde and carried unanimously. D. Consideration of the number of certificates of public convenience and necessity to be issued in the City of Fayetteville for the next twelve months. This item was presented by the City Manager for the Taxicab Review Board Chairman, Roger Stancil in his absence. Mr. Smith stated that Council had approved 110 franchises to the Taxi Industry for the year of 1989. The Taxi Inspector is recommending that the number of franchises remain the same for period of January through December, 1990. There are presently 13 taxicab companies. This is the advertised public hearing for the first meeting in November. The public hearing was opened at 7:26 p.m. and there was none appearing in favor or opposition. The public hearing was closed at 7:26 p.m. Councilmember Thompson moved to approve 110 franchises as recommended, seconded by Councilmember Torrey and carried unanimously. 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 at 1308 Ramsey Street. (P89-50) This item was presented by George Vaughan stating that it had been before the Planning Board on May 2, 1989, and they had recommended C1A. The item went before Council on June 5 and Council favored a P2. It was referred back to the Planning Board because of the change in the zoning from the Planning Board recommendation. Planning staff had recommended denial of the C1 Local Business District that was requested and approval of P2 based on the study done in the mid-70's, however, the Planning Board felt that with changes that had occurred since the mid-70's they were recommending C1A. There was no protest petition. Following some discussion, Mayor Pro-Tem Evans moved to follow the recommendation of the Planning Board and approve the C1A, seconded by Councilmember Pillow. The motion carried 6 to 3 with Councilmembers McBryde, Bolton, and Kendrick voting against. B. Consideration of the rezoning from C1P Shopping Center District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 918 Cedar Creek Road. (NC Hwy 53/210) (P89-125) This item was presented by George Vaughan stating that staff recommends approval of the requested rezoning because of an error in the initial zoning. The subject property should have been zoned C3 Heavy Commercial District and to recognize the existing use as a legal use. Councilmember Ross moved to approve the rezoning as recommended, seconded by Councilmember Wofford and carried unanimously. 5. PWC Matters: A. Consideration of approval to initiate condemnation proceedings for acquisition of sanitary sewer easement across property of Malta, Inc., located along the southern right-of-way of Kinlaw Drive. This item was presented by Tom McNeil stating that he does not foresee any problems with this acquisition, however, due to the delay in getting up with some of the land owners involved it is requested that this action be taken to prevent further delay. Councilmember Kendrick moved approve the condemnation proceedings as recommended, seconded by Councilmember Pillow and carried unanimously. B. Consideration of approval of Drainage Easement between the N.C. Department of Transportation and City of Fayetteville for PWC property located between Silk Lane and the eastern right-of-way of the CDB Loop. Tom McNeil presented this item stating that it was requested by NCDOT and would improve the drainage greatly in this area. Following some discussion, Councilmember Ross moved to approve the drainage easement as recommended, seconded by Councilmember Pillow and carried unanimously. PWC Manager was excused at 7:42 p.m. 6. Consideration of adoption of Demolition Ordinance for property located at Lot 41, Lakeland Street (Property Owner: J.C. Woodard). Walter Haire presented this item stating this building does not meet the codes and ample time has been afforded. Mr. J. C. Woodard was recognized and stated he has been trying to work with the Redevelopment Commission on this property and he is requesting additional time. The City Attorney recommended that Council defer this item until the Community Development Staff can respond to the progress of the loan request by Mr. Woodard. Following some discussion, Mayor Pro-Tem Evans moved to defer this item to be returned within 30 days, seconded by Councilmember Torrey and carried 8 to 1 with Councilmember Kendrick voting against. 7. Report by Street Naming Addressing Policy Coordinating Committee. George Vaughan, Joint Planning Board Director, presented this item and stated that the list of recommendations was approved by the County Commissioners at their meeting this morning and they adopted a Letter of Intent to the telephone company for the Enhanced 9-1-1 System. Mr. Vaughan briefly reviewed the priorities for consideration. The first was to eliminate duplicated and sound-a-like street names. The process for doing this is attached to the summary of the report presented at the City/County Liaison meeting as Attachments A and B. On Attachment B, for process of eliminating duplicate/sound-a-like street names, a clarification was made at the liaison meeting at Councilman Wofford's request, concerning (A). This deals with streets with multiple units of apartments or businesses. The clarification was that each suite or apartment unit counts as an occupiable unit. The second priority was the establishment of street addresses for all habitable buildings located in Cumberland County. The third priority dealt with the continuity of street names. The fourth priority deals with implementation of street addressing by going through the submission of plats. The final priority was in addressing corner lots they should use the front door as the address. Mr. Vaughan concluded by stating they will be submitting recommendations to the other seven municipalities within the month. Following some discussion, Councilmember Kendrick moved to approve the recommendations of the Street Naming Committee, seconded by Councilmember Bolton and carried unanimously. Mr. Vaughan then submitted a report from the Street Naming Committee concerning the Dr. Martin Luther King, Jr., Boulevard. He stated that if Council wants to proceed with the renaming of Tokay, Country Club, Pamalee and Skibo, the Board of County Commissioners should be asked to concur so that the entire length will have one name. He reviewed the impact of this name change on residents and businesses and other streets consisting of the name “King". One of the alternatives suggested by the Committee would be to consider naming all or a portion of an entirely new street such as the Outer Loop or the Central Business District Loop in honor of Dr. King. There was discussion and no action taken. 8. Consideration of exchange of easements between PWC and Kings Grant Club. RESOLUTION AUTHORIZING THE EXCHANGE OF EASEMENTS. RESOLUTION NO. R1989-162. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in resolutions Book R1989. 9. Consideration of revision to Traffic Schedule ƒ10 Loading Zone for deletion of loading zone on Person Street at Market Square. (Effective November 17, 1989) AN ORDINANCE AMENDING CHAPTER 20-106, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. NS1989-32. Councilmember Thompson 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 NS1989. 10. Appointments: A. Nomination/Elections to fill two vacancies on Senior Citizens Advisory Board. Nominated at the last meeting were Millie Knowles by Councilmember McBryde, and James Flanders nominated by Councilmember Pillow to fill two vacancies to expire September 1991. Councilmember Kendrick moved to elect Ms. Knowles and Mr. Flanders by acclamation, seconded by Councilmember Bolton and carried unanimously. B. Nominations to fill one vacancy on Human Services Commission. There were no nominations made to fill the unexpired term of Mary Layton to March 1991. C. Nominations to fill one vacancy on Fayetteville Revitalization Commission. Councilmember Wofford nominated Peggy Holt to fill the unexpired term of Owen Spears to June 1990. D. Nominations to fill one vacancy on Board of Adjustment Mayor Pro-Tem Evans nominated Glorious Fowler to fill the unexpired term of Lynwood Hunter to June 1990. 11. Administrative Reports: A. Report on disposal of personnel records. The report was submitted by the City Manager showing there were approximately 400 personnel records that have been placed on microfilm and are scheduled for destruction. B. Mr. Smith stated that as a follow-up to the suggested wheelchair spaces in the Council Chamber, seats in the last two rows can be removed to make spaces for two wheelchairs. This can possibly be arranged by the next regular meeting. 12. Claims Settlement. The City Attorney recommended that the claim of C. K. Andrews Construction Company on the Parking Lot Project at the Airport for additional work be settled in the amount of $34,970.69. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Pillow and carried unanimously. Councilmember Thompson announced a Buildings and Properties Committee meeting of Council on November 16, 1989, at the Kyle House at 7 p.m. Councilmember Ross requested to recognize Mr. Al Wagoner, past Joint Senior Citizen Committee member in the audience. There being no further business, the meeting was adjourned at 8:40 p.m., upon motion and second. Please note: To view the Table of Street Construction, please see Book X, page 229 of the City of Fayetteville, Meeting Minutes. SPECIAL MEETING MONDAY, NOVEMBER 13, 1989 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBER MONDAY, NOVEMBER 13, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Horace K. Thompson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Milt Wofford (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, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Robert M. Bennett, City Engineer Jason Brady, Public Information Officer Louis Chalmers, City Traffic Engineer Jerome S. Brown, Transit Director Dr. Will Brown, Market House Plaque Committee Members of the Press The invocation was offered by City Attorney Bob Cogswell followed with the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins requested a motion to allow for a report from the Committee on the plaque for the Market House to be given by Dr. Will Brown. No action is required on this report. Mayor Pro-Tem Evans moved to hear the report, seconded by Councilmember Ross and carried unanimously. Dr. Brown stated that the recommendation was finalized October 19, 1989, at a meeting at the Kyle House. He and Roy Parker composed the wording for the plaque beginning with a quotation from Charles Waddell Chesnutt (1858-1932), “We shall come up slowly and painfully perhaps, but we shall win our way." The committee concluded on this statement by adding the following: “In memory and honor of those indomitable people who were stripped of their dignity when sold as slaves at this place. Their courage in that time is a proud heritage of all times. They endured the path so the future could be won for freedom and justice. Their suffering and shame afforded the opportunity for future generations to be responsible citizens, free to live, work, and worship in the pursuit of the blessings of liberty to ourselves and our posterity." Dr. Brown said he felt if Council enacted this statement and placed it at the Market House, it will carry a potential message more powerful than he has ever seen in this community, to bring about a change in attitude for all people in this community about that piece of property. Councilmember Torrey requested this item be placed on the November twenty-first agenda. 1. Approval of Agenda. Mayor Pro-Tem Evans moved to approve the agenda with the addition of the Plaque for the Market House Committee report, seconded by Councilmember Ross and carried unanimously. 2. Presentation of Recommendations by Transportation Systems Management Team on downtown parking: City Manager Smith presented this item and reviewed the formation and duties of the Transportation System Management Team. Louis Chalmers then presented a slide showing recommendations for parking management which include: 1. Revisions to parking space utilization. 2. Revisions to parking rate structure. 3. Development of F.A.S.T. park and ride; and lunch shuttle service. 4. Develop City staff car-pool. 5. Development of additional public parking lots. 6. Encourage development of private and/or joint venture parking lots. 7. Revisions to parking enforcement. The recommended rate structure revisions to be effective January 1, 1990, consists of leased parking from $10 to $12 monthly and the hourly attendant lots from 2 hours free and $.50 per hour thereafter to $.25 for the first two hours and $.25 per hour thereafter. Transit Director Jerome Brown reported on the Park and Ride Program to be done on an experimental basis. The purpose of this is to provide a shuttle service for 384 passengers with ten-minute turnaround from 7:00 a.m. to 9:00 a.m. and from 4:30 p.m. to 6:30 p.m. A lunch time shuttle service would be provided for 32 passengers per ten-minute turnaround from 11:45 a.m. to 2:15 p.m. It is recommended that this route include the Eastern Boulevard and Grove Street area for restaurants and shopping. Following lengthy discussion, Mayor Pro-Tem Evans moved to hold a public hearing on downtown parking in general for December 11, seconded by Councilmember Wofford and carried 6 to 3 with Councilmembers Torrey, Thompson, and Pillow voting no. Councilmember Wofford moved to instruct the City Manager to proceed with temporary mark and ride at no cost and that the noontime park and ride be altered to go into Lamon Street from start of construction to the end of construction. The motion was seconded by Councilmember Thompson and carried unanimously. 3. Consideration of award of contract for parking around Amtrak Station. This item was presented by the City Manager and is to award the remainder of the contract on the Amtrak Station site to Barnhill Construction in the amount of $137,600 and Billy's Electric in the amount of $17,624. Councilmember Thompson moved to award the bids as recommended, seconded by Councilmember Bolton and carried unanimously. 4. Consideration of participating in County-wide water and sewer study. This item was presented by the City Manager. The proposed method of financing the study is 5% percent County and 50 percent City, with PWC picking up one-half of the City's share. The recommendation was that Council approximate $17,386 as our share of the project. There was lengthy discussion with concerns from several Councilmembers with the City paying 50 percent of a study for a County-wide project without other municipalities sharing in the cost. Mr. Smith responded that his primary concern is that the outcome of this study will have a very definite impact on the City's future annexation and growth plans and he wants the City to have a great deal of input into this plan. Following some further discussion, Councilmember Bolton moved to approve the City's participation in the study as recommended, seconded by Councilmember McBryde. The motion carried 8 to 1 with Councilmember Wofford voting against. There being no further business, the meeting was adjourned at 8:40 p.m. upon motion and second. REGULAR MEETING NOVEMBER 20, 1989 FAYETTEVILLE CITY COUNCIL AGENDA REGULAR MEETING CITY HALL COUNCIL CHAMBER 116 GREEN STREET NOVEMBER 20, 1989 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Horace K. Thompson, Jr. (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 Milt Wofford (District 5) Others Present: John P. Smith, City Manager Roger Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Robert M. Bennett, City Engineer Tim Wood, PWC Manager Rick Davis, PWC Annexation Engineer Asst. II Tom Lloyd, Planner II-Joint Planning Department Frank Simpson, Inspections Superintendent Walter Haire, Housing Inspector John Huyett of Peat, Marwick and Main Members of the Press The invocation was offered by Reverend Hugh Cameron, Hay Street Methodist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins presented the $50 savings bond from the Fayetteville Kiwansis and the certificate from Parks and Recreation for an outstanding youth to Ethan Berghoff. Mayor Dawkins announced that the Fayetteville Police Department recently receive top national recognition and only four Police Departments in this state achieved this accreditation. Police Chief Ronald Hansen was recognized and he introduced Major Moyd and Major Cannady for assisting in the last two years of working on this accreditation. Lieutenant Pearson, Accreditation Manager, reviewed the examination process by the National Accreditation Standards Commission. There were 909 standards the Commission felt that the Department had to comply with and our Department was only out of compliance with 7. By the time the Commission left Fayetteville, the department was in total compliance and went to Houston, Texas for the recommendation of the award. This award is for a period of five years. At this time, Mayor Dawkins stated that the City Attorney has requested an Executive Session for litigation at the end of the meeting. City Manager Smith requested Council cancel the information meeting for November because of lack of an agenda. Also to add Item 15, a request from Dr. C. R. Edwards that was not sent with the packet. Mr. Smith reminded Council that Item 3.A., B., C., and D. would need to be readvertised because of an incorrect date in the advertisement. Councilmember Wofford was absent due to representing Council on another function. Therefore, Mayor Dawkins called for a vote to excuse Councilmember Wofford from this meeting and the vote was unanimous. 1. Approval of Agenda. Councilmember Pillow moved to approve the agenda as modified, seconded by Councilmember Bolton and carried unanimously eight to zero. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Torrey requested to pull Item 2.F. for discussion. Councilmember Bolton moved to approve the consent agenda with the exception of 2.F. After a second from Councilmember Kendrick, the consent agenda and following items were unanimously approved. A. Approval of minutes of regular meeting of October 23, 1989. B. Approval of minutes of regular meeting of November 6, 1989. C. Adoption of Capital Project Ordinance Amendment Change 90-7. This amendment is to account for $9,883 received from Federal Drug Forfeiture Funds and specifically designated for use by the Police Department. A copy of the foregoing is on file in the Clerk's Office in the Capital Project Ordinance Amendments 1989. D. Adoption of Capital Project Ordinance Amendment Change 90-8. This change is to set up an account for anticipated PWC monies in the amount of $582,934 to be used for street construction. A copy of the foregoing is on file in the Clerk's Office in the Capital Project Ordinance Amendments 1989. E. Award of contract for purchase of front-end loader to Local South, Inc., low bidder in the amount of $37,947. The bids were as follows: Lodal-South, Inc. $37,947 Nu-Life Environmental, Inc. $38,527 Cavalier Equipment, Corp. $41,526 Cavalier Equipment, Corp. (alternate) $35,695 Sanco Corp. $45,900 F. (Pulled for discussion.) G. Adoption of Proposed Municipal Agreement with NC DOT for Improvement of Village Drive from Owen Drive to Fargo Drive. 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-761, Cumberland County, said plans consisting of the improvement of Village Drive from Owen Drive (SR 1007) to Fargo Drive in Fayetteville; 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 10 percent of the total cost of the project from SR 1007 (Owen Drive) to Conover Drive and 100 percent of the cost of the project from Conover Drive to Fargo Drive, with reimbursement to be made in three (3) equal annual installments with first payment due thirty (30) days upon completion of the project. The second and third payments shall be due at one (1) year intervals on the same date as the first payment is due. 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-761, Cumberland County, is hereby formally approved by the City Council of the Municipality of the City 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. 2F. Award of contract for purchase of Hazardous Material vehicle to Retten Trucks, low bidder in the amount of $89,921. Councilmember Torrey requested a description of the vehicle. Following City Manager Smith's response, Councilmember Torrey moved to award the contract to the lowest responsible bidder of Betten Trucks, seconded by Councilmember McBryde and carried unanimously eight to zero. The bids received were as follows: Betten Trucks $ 89,921 Hackney and Sons, Inc. 92,430 Linear Dynamic, Inc. 119,000 3. Public Hearings: City Manager Smith recommended that Items A., B., C., and D. be readvertised for December 18, 1989. Councilmember McBryde moved to readvertise as recommended, seconded by Councilmember Bolton unanimously eight to zero. A. Consideration of the rezoning from R10 Residential District and R6 Residential District to R5 Residential District or to a more restrictive zoning classification for an area located north of Village Drive, east of Purdue Drive and being south of Dark Branch. (P89-92) B. Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 611 Country Club Drive. (P89-117) C. Consideration of an application by John J. Rose for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-30, Item (12) to establish residential uses in a C2S Central Business District for an area located at 124 Bow Street. (P89-118) D. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 27 “Subdivisions," Article II “Minimum Standards of Design," Section 27-10(g)(11) to set forth that swimming pools which are constructed within a group development shall be located not less than fifty (50) feet from any street and not less than one hundred (100) feet from any other property line; amending Chapter 32 “Zoning," Article IV “District Use Regulations," Section 32-22(1) by adding decks (Platforms), open and uncovered, attached to a building is permitted as an accessory structure and may encroach into any yard; amending Chapter 32 “Zoning," Article VI “General Dimensional Regulation," Section 32-49(4) by providing for solid or nonsolid fencing not to exceed seven (7) feet in height may be used in any required yard to enclose a group development. (P89-126) (NOTE: INCORRECT DATE ADVERTISED ON ITEMS 3.A, B, C AND D. RECOMMEND RESETTING PUBLIC HEARINGS FOR DECEMBER 18, 1989) Mayor Dawkins called for Item 3.F. to be heard at this time. Mayor Dawkins reviewed the policy on the time limit for the public hearings. 3F. Consideration of a resolution for paving Dillon Drive from Carlos Avenue to the northern line of Hilltop Subdivision, as recorded in Plat Book 22, Page 57, Cumberland County Registry. City Engineer Bennett presented this item stating that a petition had been received from property owners for the paving. It had been advertised and property owners were notified of this public hearing. Mr. Bennett stated he has received a petition against the paving; however, there is some question as to whether the petition is good or not. The City Attorney stated that the petition validation involved three families. Mr. Cogswell stated he had only been able to reach one of the common names, but received no response as to the position they were taking on this issue. He stated that since this paving was advertised with petition, Council would need to start the process over again if they wanted to pave without petition. He further stated that one attempt to clear up the issue tonight would be to see if these individuals are present and cave them state for the record whether they are for or against. The common names were Justine Stewart, Durwood Thornton, and Barbara Buie. They were not present at the meeting. Mr. Cogswell recommended that Council complete tonight's public hearing and then decide if they want to proceed with paving without petition. The public hearing was opened at 7:25 p.m. and speaking in favor was Betty Thrash, 2134 Dillon Drive, and John R. Melvin, 2135 Dillon Drive. They both concurred that the street was in dire need of storm and gutters and repaving. Also water stood in the street following a heavy rain. Speaking in opposition was Judy Canipe, 2151 Dillon Drive, stating that she and her neighbors felt the street did not need paving and was in good condition since it was only paved two years ago. She presented pictures showing before rains and after rains. Mrs. Canipe further stated that the only problem that they see is that the individual driveways that are not paved might wash out into the street and repaving the street will not stop the problem if the driveways are not paved. She concluded by stating most of them could not afford to have this street repaved. Also appearing in opposition was Rebecca Goins, 2139 Dillon Drive, who concurred with Mrs. Canipe. Approximately 15 people were recognized in opposition to this matter present in the audience. Others who spoke in opposition were Jackie Lanman, 2107 Dillon Drive, property owner, Regina Flipkanski, 2103 Dillon Drive and Clara Goins, 2139 Dillon Drive. There being none further to be heard, the public hearing was closed at 7:40 p.m. Following lengthy discussion, Mayor Pro-Tem Evans moved to deny the paving request, seconded by Councilmember Thompson and carried five to three with Councilmembers McBryde, Bolton, and Kendrick voting against. 3E. Consideration of adoption of resolution confirming assessment roll and levying assessments for the following: City Attorney Cogswell reviewed the 30 percent discount for early payment. The City Attorney also submitted a certificate showing notices of the hearing on the following preliminary assessment rolls were mailed to owners of property shown on the rolls: Paving 1. Varrene Street The public hearing was opened at 7:55 p.m. There being none requesting to speak for or against this item, the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1989-163 Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously eight to zero. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. 2. Stanberry Street (from Corrina Street to eastern line of H. L. Dawson Property) The public hearing was opened at 7:56 p.m. There being none to appear in favor or against this item, the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1989-164 Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Mayor Pro-Tem Evans and carried unanimously eight to zero. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions book R1989. 3. Stanberry Court (from Stanberry Street to northeast corner of Lot 10 and Lot 29). The public hearing was opened at 7:57 p.m. There being none to appear in favor or in opposition, the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1989-165 Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously eight to zero. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. 4. Hawley Lane The public hearing was opened at 7:58 p.m. There being none to appear in favor or against this item, the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1989-166 Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously eight to zero. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. Water and Sewer 5. Sycamore Dairy Road The public hearing was opened at 7:59 p.m. There was none to appear in favor of this matter. Appearing in opposition was Thomas A. Clark, 504 Skibo Road. He stated he has property at the corner of Skibo and Sycamore Diary Roads and that it has not cost the City anything to have this water and sewer brought up to the back of this property. He felt he should not be charged assessment for it until he's ready to hookup to it. PWC Manager Tim Wood responded that it has been the practice for many years for PWC and the City to assess property owners who benefit from the extension of the lines. In this particular case it just doesn't have to go any further to service either one of the properties. There being none further to he heard on this matter, the public hearing was closed at 8:03 p.m. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1989-167 Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Pillow and carried unanimously seven to one with Councilmember Ross voting against. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. 2F. (This item was heard before Item 3.E.) G. Consideration of a resolution for paving without petition of Mawood Avenue from Old Gate Road to Old Gate Road. This item was presented by City Engineer Bennett stating this street was selected for reconstruction due to its very deteriorated condition including very poor base course, existing pavement deterioration and the need for drainage improvements along with the construction of utilities. Property owners have been notified of this advertised public hearing. Their recommendation is for adoption of the resolution. The public hearing was opened at 8:13 p.m. and there was none to appear in favor. Appearing in opposition was Mr. Wilton E. King, 5218 Mawood Avenue. Mr. King was opposed to the street being paved and then PWC tearing it up to put down water and sewer and be charged again. Mrs. Marie Waters, 5245 Mawood Avenue, concurred with Mr. King. Mr. Randy Clouda, 5212 Mawood Avenue, stated he feels the paving of the street is unnecessary and it will cause his tax assessment to go up on his house. Also, that if the City wants to pave this street, since they have been taken into the City and are charged more for taxes, he feels they should be given the street without assessment. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF MAWOOD AVENUE FROM OLD GATE ROAD TO OLD GATE ROAD. RESOLUTION NO. R1989-167 Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Thompson and carried seven to one with Councilmember McBryde voting against. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. H. Consideration of a resolution ordering an extension of the sanitary sewer collection system of the City of Fayetteville into the following streets: Cliffdale Road Windemere Drive Amstead Avenue Docia Circle Blairmore Place Hearthstone Drive Cornish Street Morganton Road Dahlgren Avenue Merritt Drive Elstree Place Onie Court Farmington Street Old Gate Road Lynhurst Drive Mawood Avenue Lansdowne Road Pamalee Drive This item was presented by the City Engineer stating that this is the advertised public hearing and all property owners have been notified. The public hearing was opened at 8:30 p.m. All those speaking in favor expressed their desperate need for this system in their area. Those speaking in favor were: Bobbie Alkins, 231 Lansdowne Road, Michael Law, 5211 Merritt Drive; Shirley Evans, 6014 Blairmore Place; Maria Parsley, 6017 Blairmore Place; John C. Ray, 6091 Cliffdale Road; and Gary Godfrey, 6010 Blairmore Place. Mayor Dawkins called for those opposed and Mr. Hubert Nobles, 111 Hearthstone Drive stated that he was originally opposed to this item; however, after hearing from everyone in favor, he has changed to vote in favor also. There being none further to be heard on this matter, the public hearing was closed at 8:40 p.m. FINAL RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM INTO CLIFFDALE ROAD, AMSTEAD AVENUE, BLAIRMORE PLACE, CORNISH STREET, DAHLGREN AVENUE, ELSTREE PLACE, FARMINGTON STREET, LYNHUST DRIVE, LANDSDOWNE ROAD, WINDEMERE DRIVE, DOCIA CIRCLE, HEARTHSTONE DRIVE, MORGANTON ROAD, MERRITT DRIVE, ONIE COURT, OLD GATE ROAD, MAWOOD AVENUE AND PAMALEE DRIVE. RESOLUTION NO. R1989-168 Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Mayor Pro-Tem Evans and carried unanimously eight to zero. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1989. 4. PWC Matters: A. Consideration of approval of bid award to Mill Power Supply Company, low evaluated bidder, for purchase of 67 KV to 2400/1385V Power Transformer for a base bid in the amount of $135,625. Bids received were as follows: BIDDER BASE BID EVALUATED BID Mill Power Supply Co. $135,625 $221,448 Hevi-Duty Electric 144,057 224,509 Rigby Electric Co. 149,000 227,823 ABB Electric 156,095 238,249 WESCO 135,600 267,439 Cooper Power Systems 239,879 340,667 Councilmember McBryde moved to award to the low bidder as recommended, seconded by Councilmember Ross and carried unanimously eight to zero. PWC Manager, Tim Wood, was excused at 8:45 p.m. 5. Planning Board Matters: A. Consideration of Green Valley Country Club detailed site plan for preliminary and final PND Planned Neighborhood District Plan review for an area located on the north side of US 401 Bypass (Country Club Drive), west of US 401 North (Ramsey Street (No. P89-360). This item was presented by Tom Lloyd, Planner II. He reviewed the Green Valley Country Club detailed site plan for preliminary and final PND Planned Neighborhood District Plan approval. He stated that the Planning Board recommends approval subject to the conditions in the packet. Councilmember McBryde moved to approve the site plan as recommended, seconded by Councilmember Thompson and carried unanimously eight to zero. 6. Presentation of Audit Report for Fiscal Year ending June 30, 1989. John Huyett of Peat, Marwick, and Main presented the audit report. He reported that this is the third audit produced by their company. Again this year, there were no material weaknesses in internal controls and no material instances of noncompliance with laws, regulations contracts, etc. The audit has been filed with the Local Government Commission and the City of Fayetteville was commended for their improvements. The Finance Department staff was recognized and commended for their hard work. Councilmember McBryde moved to accept the audit report, seconded by Councilmember Kendrick and carried unanimously eight to zero. 7. Consideration of award of contract for leaf loader to Vause Equipment Company, lowest responsible bidder in the amount of $25,615. City Manager Smith presented this item stating this was a much improved piece of machinery and should improve the efficiency of the leaf collection. Councilmember McBryde loved to award the contract to the lowest responsible bidder as recommended, seconded by Councilmember Thompson and carried unanimously eight to zero. 8. Consideration of renewal of Capitol Department Store Parking Lot Lease Agreement. The City Manager recommended that this item be continued until after the public hearing on downtown parking scheduled for December 11, 1989. Councilmember McBryde moved to continue this item as recommended, seconded by Councilmember Bolton and carried unanimously eight to zero. 9. Consideration of awarding a contract (Engineering Project No. BO4-377-89) for construction of utilities, drainage and paving in 1988 Annexation Area 8A, to low bidder, Roanoke Construction Co. in the amount of $982,943.87. The three lowest bidders were: Roanoke Construction Co. Inc. $982,943.87 Frank Horne Construction Inc. $1,037,797.60 C. K. Andrews $1,087,056.75 CITY ESTIMATE $1,215,917.06 Councilmember Kendrick moved to award the contract to the low bidder as recommended, seconded by Councilmember Ross and carried unanimously eight to zero. 10. Consideration of request from residents of Baxter Street (between Southview Circle and Ashfield Drive) for annexation. This item was presented by the City Manager stating that the finger-shaped area crossing Baxter Street is not in the City. This came about because of petition annexations. This being a stub street, the state will not maintain this street and it is in terrible condition. Mr. Smith said this street does serve a lot of people that live in the City and he recommends the City initiate annexation of the right-of-way in order to improve the street. The entire area would be considered for annexation at the next round of annexations. Councilmember Kendrick stated he felt that this entire area should be annexed right away rather than waiting. Mayor Pro-Tem Evans moved to authorize staff to proceed with annexation study as recommended, seconded by Councilmember Bolton and carried six to two with Councilmembers Kendrick and Ross against. 11. Consideration of Demolition Ordinance for property located at 533 East Russell Street (Owner: Andrew Pickett and wife, Cassie Pickett, et al.) Walter Haire presented this item stating that this had come before Council previously and extra time was granted to the property owners who expressed a desire to repair the building. He stated that no work had been done on this building and recommended adoption of the ordinance. Councilmember Kendrick moved to adopt the demolition ordinance as recommended, seconded by Councilmember Bolton and carried unanimously eight to zero. This item was reconsidered following Item 12 upon motion by Councilmember Ross and seconded by Councilmember Torrey. The motion carried unanimously eight to zero. Mr. Anthony Pickett was recognized stating he has tried to get help to fix his house and has considered this home since 1980. He stated he has had difficulty in getting assistance because he is a young single male without children. Following some questions and answers from Council of Mr. Pickett and Frank Simpson, the City Attorney recommended that the Council table the previous action pending a report from Walter Hairs and Mr. Pickett on what he feasibly thinks he can do to get it into shape and what period of time it is going to take. Councilmember Kendrick moved to table the previous action with the recommended stipulation until the next meeting. Councilmember Thompson seconded the motion and it carried unanimously eight to zero. 12. Consideration of Adoption of the following Traffic Ordinances: A. Creating a new Section 20-70 concerning “Handicapped Vehicle Parking". AN ORDINANCE CREATING A NEW SECTION 20-70, “HANDICAPPED VEHICLE PARKING". ORDINANCE NO. S1989-29 Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Thompson and it carried unanimously eight to zero. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book R1989. B. Amending Section 20-96 concerning “Civil Penalties." AN ORDINANCE AMENDING SECTION 20-96, “CIVIL PENALTIES". ORDINANCE NO. S1989-30 Councilmember Thompson introduced the foregoing ordinance and moved its adoption to the maximum allowed by law, seconded by Councilmember Ross and carried unanimously eight to zero. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book R1989. At this time, Mayor Dawkins recognized Reverend Johnson of John Wesley Church and advised him of the policy of three minutes for a presentations. Reverend Johnson stated that the Martin Luther King/Cumberland County Committee has been planning a celebration and the Sub-Committee wanted to have the 401 By-Pass renamed as a part of the celebration (January 15, 1990). Councilmember McBryde stated that Council set a precedent by doing a survey of Cheselka/Purdue Street name change and moved that the City Manager and staff take a survey of all the addresses on 401 within the City limits as to whether they would or would not like this name. Motion was seconded by Councilmember Bolton. Councilmember Ross offered substitute motion that we name the 401 By-Pass after Dr. Martin Luther King, Jr. The motion received no second. City Attorney Cogswell reminded Council that a street naming policy was adopted in July 1989, that a public hearing would be held as in a zoning case with all property owners being notified. Following some discussion, Councilmember Thompson offered an addendum to Councilmember McBryde's motion, to have notices out by December 5 to the last known addresses with public hearing being set at the first meeting in January for approximately two weeks later. The addendum was not rejected. Mr. Cogswell stated we need time to identify property owners and Councilmember Thompson responded he felt two full weeks would be time enough. Mayor Dawkins stated that just the adjoining people would be notified on the first go-round but everyone would be notified for the public hearing. Reverend Johnson inquired if this motion passed, what would be the procedure from herein. Mayor Dawkins responded that hopefully within a couple of weeks the parcels would be notified with the Planning Board's help, then set a public hearing at the first meeting in January for either the second January meeting or first meeting in February. There being no further discussion, Mayor Dawkins called for a vote and it was unanimous eight to zero. At this time, Councilmember Ross stated that Mr. Pickett was present in the audience and wanted to be heard on the Item 11 concerning demolition of his property. Councilmember Ross moved to reconsider Item 11, seconded by Councilmember Torrey and carried unanimously eight to zero. (The information is listed with Item 11.) 13. Boards and Commissions: A. Nominations to fill one vacancy on Human Services Commission. No nominations were made. B. Nominations to fill one vacancy on Fayetteville Revitalization Commission. Councilmember Pillow moved to elect Peggy Holt by acclamation to fill the unexpired term of Owen Spears to June 1990, seconded by Councilmember Kendrick and carried unanimously eight to zero. C. Nominations to fill one vacancy on Board of Adjustment. Mayor Pro-Tem Evans moved to elect Glorius Fowler to fill the unexpired term of Linwood Hunter to July 1990, seconded by Councilmember McBryde and carried unanimously eight to zero. D. Nominations to fill three vacancies on Parks and Recreation Advisory Commission. The following nominations were made: Joe Hempstead, nominated for a second term by Mayor Pro-Tem Evans Russ Cavaco, nominated for a second term by Councilmember Kendrick Annie Chavis, nominated by Councilmember Ross Pat Hales, nominated by Councilmember Bolton Mayor Dawkins then called for a motion concerning cancelling the information meeting. Councilmember Kendrick moved to cancel the November 27 information meeting, seconded by Councilmember Torrey and carried unanimously eight to zero. 14. Administrative Reports: Statement of taxes collected for the month of October 1989, from the Cumberland County Tax Collector. The statement of taxes was accepted in the amount of $1,238,001.06 for the month of October 1989. Report on activities of Inspections Department regarding downtown buildings. Frank Simpson presented a report of inspections, demolitions, abandoned vehicles and so forth. Councilmember McBryde asked if this report was the one he had requested and City Manager Smith responded that it was. Councilmember McBryde asked if they were looking at the downtown buildings and if the Inspectors were taking Fire Inspectors with them. Mr. Simpson responded they were. Councilmember McBryde also inquired why the condemnation procedures for these buildings were not the same as for a house. Mr. Simpson responded they had been working closely with the Fire Department and he has a list of buildings that the Fire Department has requested Inspections to supply owners so they can have the buildings boarded up. Councilmembers McBryde, Pillow, and Thompson all requested the City Attorney to review the Demolition Ordinance and all Councilmembers concurred. Councilmember Kendrick moved for executive session for litigation at 9:52 p.m. Council reconvened into regular session at 10:01 p.m. and there being no further business, the meeting was adjourned upon motion and second. REGULAR MEETING MONDAY, DECEMBER 4, 1989 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS MONDAY, DECEMBER 4, 1989 7:00 p.m. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Horace K. Thompson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); 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, Administration and Finance Robert C. Cogswell, Jr., City Attorney Richard Herrera, Director of Community Services Robert M. Bennett, City Engineer Al Mitchell, Assistant City/County Planning Director James Martin, PWC Electrical Director Walter Haire, Housing Inspector George Crumbley, Retired from Parks and Recreation Department Nat Robertson, Jr., Councilmember Elect Dr. Suzan Cheek, Councilmember Elect Members of the Press INVOCATION Mayor Dawkins called the meeting to order and welcomed everyone to this very special meeting. He called upon retired Pastor Clarence Warren to offer the invocation followed by the Pledge of Allegiance to the American Flag being led by the Mayor. RECOGNITION Representative Bill Hurley, Co-Chairman of the Bicentennial Celebration recognized Committee Members Suzan Cheek; John Buie, Treasurer; and Sara VanderClute, Coordinator. He praised them all for their hard work. Co-Chairman Rosalie Kelly was not present due to illness. Mr. Hurley presented two paintings to the City from Jerry Hancock, Chairman of State Bicentennial Commission. Mr. Hurley attempted to thank the many people and organizations involved with this ceremony. 1. Approval of Agenda Councilmember McBryde moved to approve the agenda as submitted, seconded by Councilmember Bolton and carried unanimously. 2. Approval of minutes of special meeting of November 13, 1989. Councilmember Bolton moved to approve the minutes as submitted, seconded by Councilmember Kendrick and carried unanimously. 3. Approval of minutes of regular meeting of November 20, 1989. Councilmember Kendrick requested a correction on Item 1, page 2, second to the motion should show Councilmember Bolton instead of Pillow. Councilmember McBryde moved to approve the minutes as corrected, seconded by Councilmember Torrey and carried unanimously. 4. Elections to Boards and Commissions. A. Election of nominees to fill three vacancies on Parks and Recreation Advisory Commission. Mayor Dawkins called for a vote on the four nominees to fill the three vacancies and the three receiving the most votes for a two-year term to October 1991, were as follows: 1. Joe Hempstead elected for a second term. 2. Russ Cavaco elected for a second term. 3. Patricia Hales elected to serve her first term. 5. Consideration of acceptance of certification of results of November 7, 1989, municipal election from the Cumberland County Board of Elections. Councilmember Thompson moved to accept the certification of the election results, seconded by Councilmember Wofford and carried unanimously. A copy of the certification is attached to and made a part of these minutes. 6. Seating of Mayor and City Council. A. Oaths of Office to be administered to the City Council by the Honorable Sol Cherry, Chief District Court Judge. Following the Oath of Office, Councilmembers took their assigned seats to reside over the remaining items of business. The seating for the Council is as follows: 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). B. Oath of Office to be administered to the Mayor by the Honorable Sol Cherry, Chief District Court Judge. Following the Oath, Mayor Dawkins presented a plaque to outgoing Councilmembers Milt Wofford and Horace Thompson. He also presented Bibles to new Councilmembers Nat Robertson, Jr. and Suzan Cheek. Organization of the City Council - election of Mayor Pro-Tempore. Councilmember Pillow moved to reelect Councilmember Mildred Evans as Mayor Pro-Tem, seconded by Councilmember Bolton and carried unanimously. 8. Consent Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. There being no request for removal, Councilmember Kendrick made a motion to approve the consent agenda and each item as presented. After a second from Councilmember Bolton, the consent agenda and following items were unanimously approved: A. Approval of Tax Refunds. 1. Tax Refund in the amount of $14.73 to Cynthia D. Baldwin for clerical error - 1979 Chevy pick-up also charged in bill number 1918332. 2. Tax Refund in the amount of $118.10 to Dancer Inc. for clerical error - charged with incorrect value. 3. Tax Refund in the amount of $70.10 to Mr. and Mrs. Leon Dantzler for clerical error - did not own vehicle 1-1-87 or 1-1-88 per bill of sale. 4. Tax Refund in the amount of $20.03 to Earl Scheib of NC Inc. for clerical error - charged with incorrect value. 5. Tax Refund in the amount of $61.11 to Jimmy and William Fann for clerical error - did not own vehicle 1-1-87 or 1-1-88 per DMV. 6. Tax Refund in the amount of $14.07 to Mr. and Mrs. James S. Hall for clerical error - did not own 1980 Chevy Chevette 1-1-87 per bill of sale. 7. Tax Refund in the amount of $4.92 to Highland Villas Homeowners Association Inc. for clerical error - this is common area and should not be charged. 8. Tax Refund in the amount of $1.64 to Highland Villas Homeowners Association Inc. for clerical error - this is common area and should not be charged. 9. Tax Refund in the amount of $52.56 to Sam McPherson for clerical error - house burned May 18, 1987. 10. Tax Refund in the amount of $69.21 to Ronnie Dale Smith for clerical error - construction on house did not begin until after January 1, 1988. 11. Tax Refund in the amount of $87.31 to Mr. and Mrs. Clarence Stoeckly, Jr., for clerical error - charged with incorrect Neighborhood Code and EAG. 12. Tax Refund in the amount of $52.34 to James Boone Bartholomees, Jr., for clerical error - billed in wrong tax district. 13. Tax Refund in the amount of $9.95 to Mr. and Mrs. H. F. Ellerbe for clerical error - did not own 1978 Honda 1-1-88 per bill of sale. 14. Tax Refund in the amount of $12.39 to Mr. and Mrs. Ray Warren Davis for clerical error - did not own 1981 Ford 1-1-88 per bill of sale. 15. Tax Refund in the amount of $121.43 to Mr. Scott Caroll Tolbert for clerical error - 1987 Porsche also charged on bill number 3464800. B. Adoption of Budget Ordinance Amendment Change 90-7. This change is needed to transfer “interest earned" ($23,903) on State Grant Funds (Museum of the Cape Fear) into the Fund Balance Appropriation. C. Adoption of Capital Project Ordinance Amendment Change 90-9. This change transfers excess funds from Airport Terminal Expansion Project ($35,086) to Airport Parking Lot Project. This is necessary to cover the settlement payment to C. K. Andrews which was approved by Council on November 6, 1989. D. Award of contract for purchase of cab and chassis to Bennett's, Inc., low bidder in the amount of $61.458. Bids received were as follows: Bennett's Inc. $61,458 Triple “T" Parts and Equipment $62,890 Peterbilt of Dunn $63,500 E. Award of contract for disposal of PCB Transformer and PCB fluid to UNISON Transformer Services, Inc., low bidder in the amount of $45,949. (PWC) Bids received were as follows: Unison Transformer Services, Inc. $45,949 Aptus Environmental Services $60,451 TRANSTEC $76,714 9. Public Hearings: Mayor Dawkins reviewed the policy on the time limit for public hearings. A. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32, “Zoning," Article XI “Amendment," Section 32-73(c) by deleting the second sentence thereof and substituting the following: Any action on the part of the City Council under this subsection other than to approve the recommendation of the Planning Board shall require a public hearing, which may be set upon a simple majority vote of the actual membership of the City Council. Notice and advertisement of this public hearing shall be done in accordance with Subsection (a) herein. (P89-127) This item was presented by Al Mitchell stating that the Planning Board recommends approval. Councilmember Torrey asked if any of these ordinances go beyond State Statutes or County regulations. Mr. Mitchell responded they go beyond the minimum requirements of both in notifications and publications. The public hearing was opened at 7:45 p.m. and there being none to be heard for or against this item, the public hearing was closed. AN ORDINANCE AMENDING SECTION 32-73, “PROCEDURE" OF CODE OF ORDINANCES OF CITY OF FAYETTEVILLE. ORDINANCE NO. S1989-31. Councilmember Kendrick 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 Ordinances Book S1989. 10. PWC Matters: A. Consideration of approval of bid award in the amount of $110,775.00, to U.S. Transformers, Inc., sole bidder, for purchase of three substation type transformers (rebuilt units) in the amount of $110.775. This item was presented by James Martin, PWC Electrical Director stating that Public Works Commission recommends approval. Councilmember McBryde moved to award the bid as recommended, seconded by Mayor Pro-Tem Evans and carried unanimously. 11. Presentation by George Crumbley (History of Fayetteville Parks and Recreation Department). George Crumbley presented the History of Parks and Recreation from 1941 through 1988 as a gift from him following his retirement after 39 years with the department. Mayor Dawkins stated that Mr. Crumbley would really be missed. Everyone loved him and not just for the hard work he has done. 12. Consideration of the following revisions to Traffic Schedules (effective December 15, 1989): A. Revision to Schedule 6 - Stop Intersections B. Revision to Schedule 14 - Yield Right of Way C. Revision to Schedule 17 - Restricted Parking AN ORDINANCE AMENDING CHAPTER 2O MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (SEC. 20-106, TRAFFIC SCHEDULE NUMBER 6 - STOP INTERSECTIONS). ORDINANCE NO. NS1989-33. AN ORDINANCE AMENDING CHAPTER 20 MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (SEC. 20-106, TRAFFIC SCHEDULE NUMBER 14 - YIELD RIGHT-OF-WAY). ORDINANCE NO. NS1989-34. AN ORDINANCE AMENDING CHAPTER 20 MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (SEC. 20-106, TRAFFIC SCHEDULE NUMBER 17 - RESTRICTED PARKING). ORDINANCE NO. NS1989-35. Councilmember McBryde introduced the foregoing ordinances and moved their adoption, seconded by Councilmember Bolton and carried unanimously. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinances Book NS1989. 13. Consideration of Demolition Ordinances for the following properties: A. Property located at Lot 41, Lakeland Street (Property Owner: J.C. Woodard). This item was presented by Walter Haire stating that this has come back to Council for demolition. Council asked for background information such as when it had been before Council and their decision. Mr. Haire responded that it was before Council at the first meeting in November 1989 and Mr. Woodard was given 30 days. Mr. Haire was going to pull this from the agenda and place it on the December 18 meeting agenda but Mr. Woodard was present and wished to be heard. Mr. J. C. Woodard was recognized stating that Community Development had notified him they are still waiting for proposals before they can let contracts. He asked for extended time of 9 months to get this old house renovated. Councilmember Pillow asked Mr. Woodard if he had confirmation from Community Development that this loan would be granted because he is concerned with the expiration of the building permit. Mr. Woodard stated he was told the permit issued to him was a new construction permit because he wants to bring this structure up to the standards for a new house. Following further discussion, City Manager Smith recommended Council take no action tonight and bring this back in 30 days to see what progress has been made. Councilmember Ross moved to follow the recommendation, seconded by Councilmember Torrey and carried 8 to 1 with Councilmember Kendrick voting against. B. Property located at 533 East Russell Street (Owner: Andrew Pickett and wife, Cassie Pickett, et al). This item was presented by Walter Haire stating that it was heard at the last Council meeting and Council had requested that Mr. Pickett report back to Council tonight. Anthony Pickett stated he will have the lot cleared away and the building secured. The estimate he received for improvements was $22,000. He is waiting to hear from HUD and Community Development for assistance in defraying the cost. Councilmember Bolton moved to bring back to Council in 30 days, seconded by Councilmember McBryde and carried 7 to 2 with Councilmembers Kendrick and Robertson voting against. At this time Mayor Dawkins recognized County School Board member Juanita Gonzalez present in the audience. He also recognized the City Attorney's wife, Joy Cogswell, and their daughter Katheryne. 14. Board and Commissions: A. Nominations to fill one vacancy on the Human Services Commission. Councilmember Ross nominated Mrs. Annie Chavis. B. Nominations to fill one vacancy on the Board of Adjustment. There were no nominations made. C. Nominations to fill two vacancies on Fayetteville Redevelopment Commission. Ms. Veronica Wilson was nominated for a second term by Mayor Pro-Tem Evans and John Hood was nominated for a second term by Councilmember Kendrick. D. Nominations to fill two vacancies on Fayetteville Revitalization Commission. The following nominations were made: Gary Mendelson nominated by Councilmember McBryde; F. Royal (Buzz) Loyd, Jr. nominated by Councilmember Cheek; and David Nichols nominated by Councilmember Bolton. E. Nominations to fill two vacancies on Personnel Review Board. Mayor Pro-Tem Evans nominated Geraldine Henderson for a second term. F. Nominations to fill one vacancy on Police Benefit Fund. Milt Wofford was nominated by Mayor Pro-Tem Evans. G. Nominations to fill three vacancies on Fayetteville Appearance Commission. Dan Hicks was nominated for a second term in the Architect category by Councilmember Kendrick and Marci Covell was nominated for a second term in the at-large category by Councilmember Pillow. 15. Administrative Reports: Councilmember McBryde announced that a Policy Committee meeting would be held at 7:00 p.m., December 13, 1989, at the Kyle House Conference Room. There being no further business the meeting was adjourned at 8:25 p.m. upon motion and second. NOVEMBER 9, 1989 CUMBERLAND COUNTY NORTH CAROLINA We, the undersigned Board of Elections of Cumberland County, North Carolina, do hereby certify that we met in the Courthouse at 11:00 AM on Thursday, November 9, 1989, and after canvassing the original returns of the Registrars and Judges of Election of the votes cast in the Municipal Election for Mayor and City Council in the City of Fayetteville, NC, held on November 7th, 1989, we do hereby certify that the following are true and correct totals of votes cast for the following candidates in said returns: CANDIDATES VOTES RECEIVED FOR MAYOR J. L. Dawkins 6.914 Janice Buie Ellis 1,463 FOR CITY COUNCIL District # 1 Thomas M. (Tommy) Bolton, Jr. 853 Wade R. Mayes 413 District # 2 Ida A. Ross 570 District # 3 Joseph L. Pillow 847 District # 4 Glen W. Kelly 317 Thelbert Torrey 574 District #5 Suzan Cheek 1,478 David M. Nichols 1,228 District # 6 Mark Kendrick 928 M. M. (Matt) Smith, Jr. 847 At Large Mildred Evans 4,143 Till:un V. Jackson 1,142 Frank Milo McBryde 4,015 Nat Robertson, Jr. 4,050 Ben Watson 3,730 Milt Wofford 3,325 We, therefore, certify that we have judicially determined that the votes received for candidates for Mayor and City Council resulted in the election of the following candidates: FOR MAYOR: J. L. DAWKINS FOR CITY COUNCIL District # 1 THOMAS M. BOLTON, JR. District # 2 IDA A. ROSS District # 3 JOSEPH L. PILLOW District # 4 THELBERT TORREY District # 5 SUZAN CHEEK District # 6 MARK KENDRICK At Large MILDRED EVANS, FRANK MILO MCBRYDE, NAT ROBERTSON, JR. Given under our hand and seal this 9th day of November, 1989. SPECIAL MEETING DECEMBER 11, 1989 FAYETTEVILLE CITY COUNCIL AGENDA SPECIAL MEETING CITY HALL COUNCIL CHAMBERS December 11, 1989 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 Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Robert M. Bennett, City Engineer Jerome Brown, Transit Director Louis Chalmers, Traffic Services Director Members of the Press Mayor Dawkins called the meeting to order and welcomed everyone. The invocation was offered by Reverend Jan Milton, Cornerstone Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. City Manager John Smith gave an update on the power outages resulting from this weekend's ice storm. All major circuits and substations are in operation, but there are between 500 and 700 services out. All PWC crews and six outside crews are working very hard to restore all services within the next 24 hours. Mayor Dawkins again recognized the City Manager who wished to address Council prior to the opening of the Public Hearing on downtown parking in general. Mr. Smith stated the reason downtown parking is an issue and will continue to be an issue is that downtown is the only commercial area where barking is not required under the zoning ordinances. The backup information was noted as follows: 1. The re-submission of staff's Transportation System Management Team recommendations dated September 19, 1989. Mr. Smith advised the issue that has created the most controversy and concern is the impact of these recommendations, if adopted, on the Department of Social Services employees' parking. 2. The original 1978 agreement between the City and County. 3. Memorandum dated November 29, 1989, from County Manager Cliff Strassenburg to the Board of County Commissioners. Mr. Smith noted that several valid issues were raised and he would address them later. 4. A resolution adopted by the County Commissioners at their December 4, 1989, meeting. Mr. Smith stated the Transportation Systems Management Team attempted to deal with two basic issues: (1) how to best manage the existing parking inventory and (2) how to finance the operation, maintenance, and expansion of that inventory in the future. The basic policy premise in the recommendations is to try to move the financial burden from the general taxpayer and place burden on user and beneficiary, the downtown business and property owner. In making the decision as to how to handle DSS employee/clientele, the City Manager asked Council to consider the potential implications of that decision. Some of those are as follows: 1. The 1978 agreement between the City and County, and the City's obligations under that agreement. 2. The impact of this decision on the way the City will deal with City employee parking downtown. 3. The impact of the decision on the future development of City-owned parking and how that will be financed. 4. The impact of the decision on the development of private lots in the downtown area. 5. The impact on the DSS clients, library patrons, and the citizens who come downtown for shopping or governmental services. The City Manager reviewed the three basic alternative actions regarding DSS parking as follows: 1. Continue to provide free parking for DSS employees. The security provisions must be considered under this option. 2. Adopt the staff proposal which calls for controlled parking with spaces reserved for DSS clients and monthly rental for employees with priority given DSS staff who use their vehicles on a daily basis as a part of their job. Provide park and ride at one half the monthly rental amount as an option for those who choose it. 3. Negotiate with the County to either lease the DSS lot or some reimbursement to the City for the provision of employee parking. Mr. Smith responded to the issues/concerns raised in the County Manager's memorandum as follows: 1. Access to Hay Street from the DSS lot. In the original design provided by the architect engineer, an access was not shown, but we have asked that those plans be revised so that access can be provided through the Amtrack parking lot to be controlled by the attendant at the DSS lot. 2. Security in remote unattended lots. Located in the Lamon Street lot area are the City's fueling stations and the mounted patrol horse barn. Chief Hansen is routing patrol cars and the horse patrol by this lot during operating hours. Also, for extra security the horse patrol officers will be training in Lamon Street Park from time to time. Bus drivers are instructed not to leave until the employees are in their cars. Included in the project design of the Ray Avenue lot is a closed circuit video camera which will be monitored from the DSS attendant booth. 3. Employees utilizing the park and ride system not being able to readily access their vehicles in emergency situations. There have been two such cases since the park and ride program has been in operation. In both cases, the Transit Department did provide that service and will continue to provide that service on an on-call basis. The City Manager stated some have asked about the employee parking provided by other downtown employers. A detailed survey has not been completed but some employers were contacted. First Citizens' employees are permitted to park in the First Citizens parking deck at the cost of $20 or $25, the normal monthly parking rate. First Union employees lease spaces from the First Presbyterian Church at $10 a month. Wachovia Bank employees park in the bank's pay lot at $12 a month. Branch Banking & Trust Company provides employee parking in spaces leased from the City. The Post Office provides employee parking on their property. Cumberland County provides employee parking on a non-controlled lot behind Courthouse. Currently, the City downtown is providing employee parking at no charge but only at about half the number of spaces needed. Mayor Dawkins advised that Council wants everyone's input so the 15 minute time limit rule for each side will not be followed. Prior to the opening of the Public Hearing, Mayor Dawkins recognized Councilmember Nat Robertson, Jr. On behalf of Council, Councilmember Robertson welcomed Chris Boone, a member of Scout Troop 706. Mayor Dawkins opened the Public Hearing at 7:25 p.m. Dr. Chip Modlin, Director of Social Services, came forward. Dr. Modlin stated they have worked with the City officials on the interim plan which is working reasonably well but there are some issues that need to be discussed. The issues are security, no phone access, hours shuttle buses are running, inclement weather scheduling, covered areas once stops are firmly established. Dr. Modlin further stated they hope the pay issue will not overshadow the other issues of good long-range planning for parking. Dr. Modlin asked Council to consider the Resolution adopted by the County Commissioners asking for no charge as well as the Social Services Board asking for no charge at this time. He also asked Council to consider appointing a Task Force to include City and County staff to start working on day-to-day issues and make recommendations. Dr. Modlin stated the Department of Social Services moved downtown ten years ago as part of the revitalization efforts, and they still feel some positive things can come out of this move. He asked that other issues be looked at such as access to parking lot and lack of handicap spaces. He concluded by stating they will work with a Task Force to come up with the best possible plan for everyone. Andy McCall, Chairman of Social Services Board came forward. Mr. McCall stated he concurred with Dr. Modlin's statements and recommendation to set up a Task Force. Mr. McCall added that he feels if City charges one set of employees then it is only fair to charge all the others. In conclusion, Mr. McCall stated he and the Social Services Board are willing to work with a Task Force in resolving this situation. Jim Cooker, Attorney and member of the Department of Social Services Board, came forward. Mr. Cooper referred to a comment the City Manager had made regarding placement of the financial burden on the beneficiaries of downtown parking. Mr. Cooper stated he wished to remind Council that the beneficiaries of what goes on at the Social Services Department are each and every citizen of our county and city. The people who are parking downtown and who are now being asked to pay to park are the servants/the workers, not the beneficiaries. The beneficiaries are all the taxpayers and it would be fair for the taxpayers to pay. At this time, Mayor Dawkins advised he had been reminded by Councilmember McBryde that anyone present wishing to speak on any downtown parking issue would be welcomed. Rollin Shaw, Cumberland County Commissioner, came forward. Ms. Shaw stated she was not speaking for all the Commissioners but just as an individual commissioner and is doing so as the Commissioners' resolution may have seemed to have a harsh bite to it. She regretted the wording was such that it appeared that way. She did say that she could speak for the other Commissioners in that Fayetteville/Cumberland County is no longer city and county but a major metropolitan area. One problem may trouble a section more than the other people of the County but it all comes down to the same pot -- it involves all of our pockets. Ms. Shaw concluded by stating they were ready and willing to work and find the most equitable arrangements that they can make together for all the people of Cumberland County. Mayor Dawkins closed the Public Hearing at 7:45 p.m. At Council's direction, Mayor Dawkins re-opened the Public Hearing at 7:47 p.m. Sue Dickinson, 813 South View Circle, came forward. Ms. Dickinson stated she is a Cumberland County social worker in the adoption unit. She agreed that the Task Force is a good idea and would be willing to serve on this committee. Her concerns include clients not having a place to park, working parents who need to get to their children in an emergency, and the fact that if they pay for parking other County and City employees should pay. Sue Rell, 101 Horn Road, came forward. Ms. Bell stated she was concerned about paying for an unreserved space. Also, she was concerned about validation of parking tickets for the clients who have to stay longer than two hours and cannot afford to pay the parking ticket. Denise Williams, Route 3, Box 119A, Roseboro, came forward. Ms. Williams advised she is presently using the free parking lot behind the Farmer's Market. Her concerns include the security of the lot, who is liable should she be injured, time it takes to reach her work site from parking lot, and the discrimination against clerical staff and volunteers who would not be able to park in the Social Services lot as their work does not require them to leave the work site. Mayor Dawkins closed the Public Hearing at 7:55 p.m. Councilmember Bolton moved that this issue be resolved by appointing a Task Force as suggested by Dr. Modlin. Motion was seconded by Mayor Pro-Tem Evans with an addendum that the Task Force be formed within the next ten days. Councilmember Bolton accepted the addendum. Mayor Dawkins asked that they be more specific as to the membership of the Task Force. Councilmember Pillow asked if this Task Force was just for the Department of Social Services parking problems or for the whole downtown parking situation for which a staff study has already been done. Councilmember Bolton answered that his motion would just involve the Department of Social Services parking, and they would have to work in conjunction with that which has already been laid out by staff. Following further discussion, Councilmember Bolton named the membership of the Task Force as follows: John P. Smith, Clifford Strassenburg, Chip Modlin, and a representative from the Department of Social Services Board. These four are to get the group together, appoint anyone they need from the working group, and submit a progress report by the January 2, 1990, City Council meeting. Councilmember Cheek asked that two issues mentioned earlier be addressed immediately which were handicap parking and telephone access at the park and ride lot. Mayor Dawkins called for the vote on the Bolton/Evans motion. Motion carried unanimously. Councilmember McBryde asked City Manager if any action would be taken regarding the Capitol Parking lot. Councilmember McBryde stated he has received numerous complaints from citizens regarding the Capitol lot and that he personally feels this lot should be two-hour free parking. He also asked about the Maiden Lane Library parking as no decision has been made about the leased spaces. Councilmembers Ross and McBryde annotated that store owners along Old Street are having customer parking problems. Councilmember McBryde stated the Capitol lot is the only one that abuts stores downtown and should be two-hour free parking. Concerning the leased spaces in the Maiden Lane lot across from the library, the City Manager pointed out that the Transportation System Management Team proposed moving some of these spaces to the lot directly behind Anderson Street Library and some to the lot behind the old Courthouse. Following further discussion on the Maiden Lane lot, Mayor Pro-Tem Evans moved that the City Manager be instructed to proceed with the moving of leased spaces in a timely fashion from the Maiden Lane lot to the Donaldson Street and Burgess Street lots. Motion was seconded by Councilmember Bolton and carried unanimously. Councilmember McBryde moved that effective January 1, 1990, the Capitol Lot on Old Street become a two-hour free parking lot with the tires marked thereafter. Motion seconded by Councilmember Bolton. Councilmember Cheek asked if the Capitol Department Store had made an official request to extend the lease. The City Manager answered that the City has not received an official request but the lease was placed on the agenda in November with recommendation that this item be continued until after the Public Hearing on Downtown Parking. Councilmember Cheek stated she had not had an opportunity to review the lease and would prefer to do so before voting on the project. Councilmember Kendrick stated he agreed that the City needs downtown parking close to the businesses but would like to have Mr. Joel Shur present before taking action. The City Attorney asked that the McBryde/Bolton motion include authorization to make the appropriate changes to Chapter 20 of the Fayetteville City Code. Mayor Dawkins called for the vote. Motion failed with a vote of four to five. Voting in opposition were Councilmembers Pillow, Cheek, Ross, Kendrick, and Torrey. Councilmember Kendrick moved that the Capitol Parking lot be placed on the January 16, 1990, Council Meeting agenda, seconded by Councilmember Ross, and carried unanimously. The City Manager referred to the revisions to the Parking Rate Structure recommended by the Transportation System Management Team. He said no action was required tonight but should be taken up at some point. Councilmember Cheek stated that staff has appropriately pointed out that there is no “free" parking. Someone is paying for downtown parking whether it is the taxpayers of Cumberland County, the City of Fayetteville, or individual merchants. Since these are City lots, Councilmember Cheek proposed that this matter be given to the Buildings and Properties Committee for their review. Council concurred. There being no further business, the meeting was adjourned at 9:00 p.m. upon motion by Councilmember Kendrick and a second by Councilmember Bolton. REGULAR MEETING MONDAY, DECEMBER 18, 1989 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, DECEMBER 18, 1989 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); and Suzan Cheek (District 5) Absent: Councilmember Mark Kendrick (District 6) - Excused Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Robert M. Bennett, City Engineer Tim Wood, PWC Manager Tom Lloyd, Planner Ill-Joint Planning-Department Tom Ray, Airport Manager Frank Simpson, City Inspections Superintendent Walter Haire, City Housing Inspector Ron Hansen, Chief of Police Tim Newton, President, Chamber of Commerce Ann Morriss, Director of CURB Brad Hurley, Chairman, Parks, and Recreation Advisory Commission Members of the Press The invocation was offered by Reverend Charles Sparks, St. Andrews United Methodist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Recognition of Lyle Hall and Anne Nimocks by Parks and Recreation Advisory Commission. Mayor Dawkins presented a plaque to Lyle Hall for five years and Anne Nimocks for six years of very dedicated service to this Commission. Recognition of Fayetteville Police Department SAFE Unit upon receipt of Governor's Award (National Drunk and Drugged Driving Awareness Week). Chief Hansen emphasized that this was a very distinguished award from the Governor. Captain Shambley introduced the Safety Officers and thanked Council and staff for their support in this program. He also thanked the citizens for their voluntary compliance. City Manager Smith requested that an item be added under PWC as 5 C. - Consideration of amendment to ordinance regarding PWC Retirement Plan. He also requested that Item 111 A. which is a demolition ordinance at 513 Deep Creek Road be deleted. City Attorney Cogswell requested that two items be placed at the end of the agenda. One would be the settlement of a property transaction and the second would be a claims settlement. He also would need an executive session for each of these. At this time Mayor Dawkins stated that Councilmember Kendrick had requested to be excused from tonight's meeting due to being out of the country. Councilmember Ross moved to excuse Councilmember Kendrick from tonight's meeting, seconded by Councilmember Pillow and carried unanimously. 1. Approval of Agenda Councilmember Bolton moved to approve the agenda with the changes, seconded by Mayor Pro-Tem Evans and carried unanimously. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Bolton requested to pull Item 2 H. for discussion. Councilmember McBryde moved to approve the consent agenda with the exception of Item 2 H. After a second from Councilmember Pillow, the consent agenda and following items were unanimously approved: A. Adoption of Capital Project Ordinance Amendment Changes 90-10, 90-11, and 90-12. The following three Capital Project Ordinance Amendment Changes are necessary to allocate interest-earned monies (from the 1987 Bond Sale) to the appropriate Bond Projects and to adjust the budgets therein: Change 90-10 - $185,140 Change 90-11 - $ 55,901 Change 90-12 - $ 94,141 B. Approval of award of contract for purchase of portable radios to Piedmont Communications Company, Inc., in the amount of $19,641.90, and for purchase of mobile radios with chargers to Motorola Communications and Electronics, Inc., in the amount of $16,225.00, lowest responsible bidders for the respective radio model type. The bids received were as follows: Piedmont Communications Company, Inc. $36,333.15 Motorola C and E, Inc. $37,485.00 General Electric Mobile Communications $60,555.50 C. Approval of award of contract for purchase of street sweeper to North Carolina Equipment Company, low bidder in the amount of $94,214.00. Bids received were as follows: North Carolina Equipment Company $ 94,214 Jet-Vac Sanitary Services, Inc. $101,289 D. Adoption of a resolution ordering an extension of the sanitary sewer collection system of the City of Fayetteville, North Carolina into the following streets annexed in 1988 (set Public Hearing for January 16, 1990): Livingston Road Comfy Court Shrewsbury Drive Shaw Road Spellman Drive Haven Court Murchison Road Meharry Drive Fiske Drive Renfrow Drive Lakecrest Drive Shaw Mill Road Edmeston Drive Country Club Drive Oakcrest Drive First Street (formerly State Road 2414) Demerest Drive PRELIMINARY RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM INTO LIVINGSTON ROAD, SPELLMAN DRIVE, FISKE DRIVE, EDMESTON DRIVE, DEMEREST COURT, SHAW ROAD, MEHARRY DRIVE, SHAW MILL ROAD, SHREWSBURY DRIVE, MURCHISON ROAD, LAKECREST DRIVE, OAKCREST DRIVE, COMFY COURT, HAVEN COURT, RENFROW DRIVE, COUNTRY CLUB DRIVE AND FIRST STREET (FORMERLY STATE ROAD 2414). RESOLUTION NO. R1989-170. E. Adoption of a resolution ordering an extension of the water distribution system of the City of Fayetteville, North Carolina into First Street (formerly State Road 2414). (Set Public Hearing for January 16, 1990.) PRELIMINARY RESOLUTION ORDERING AN EXTENSION OF THE WATER DISTRIBUTION SYSTEM INTO FIRST STREET (FORMERLY STATE ROAD 2414). RESOLUTION NO. R1989-171. F. Adoption of a resolution ordering the paving of Meharry Drive from Shaw Mill Road to Spellman Drive. (Set Public Hearing for January 16, 1990.) PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF MEHARRY DRIVE FROM SHAW MILL ROAD TO SPELLMAN DRIVE. RESOLUTION NO. R1989-172. G. Adoption of resolution setting a public hearing to pave Barrington Circle. (Set Public Hearing for January 16, 1990.) PRELIMINARY RESOLUTION REQUIRING PAVING WITHOUT PETITION OF BARRINGTON CIRCLE FROM BRAGG BOULEVARD TO BRAGG BOULEVARD. RESOLUTION NO. R1989-173. H. (PULLED FOR DISCUSSION) I. Adoption of a resolution authorizing the sale to the high bidder of a City-owned lot on the east side of North Street (formerly P.W.C. water tank lot). RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1989-174. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1989. J. Set public hearing for January 16, 1990, to consider an application by Barbara Taft Leach for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-24, Item (3), to operate a home for the care of children for an area located at 1903 Thewark Street in an R5A Residential District. (P89-135) K. Set public hearing for January 16, 1990, to consider an application by Donald Wherren for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-24, Item (3) to operate a nursing home in an R6 Residential District for an area located at 1700 Pamalee Drive. (P89-143) L. Award of contract for purchase of Transformers to low evaluated bidders: (PWC) (3) 500 KVA: Eastern Electric Supply, Inc. $22,431.00 (150) 50 KVA: Eastern Electric Supply, Inc. $151,042.50 (50) 15 KVA: National Transformer Sales $ 23,750.00 M. Award of contract for Aerial Work Platform to Southland Rentals and Supply, Inc., low bidder in the amount of $40,794.00. (PWC) N. Award of contract for Sanitary Sewer Rehabilitation Project, Area 2, Phase I, low bidder in the amount of $190,435.00 to Astor Bolden Enterprises, Inc. (Carolina Beach, North Carolina). (PWC) Bids received were as follows: Bryant Companies, Inc. $225,175.00 *Astor Bolden Enterprises, Inc. $190,435.00 Trans-State Construction Company $275,050.00 Pressure Concrete Construction Company $357,095.32 * Low bidder 2H. Adoption of a resolution setting a public hearing to consider the closing of a portion of Beckwith Avenue abutting the Quality Sound Enterprise, Inc., property. (Set Public Hearing for January 16, 1990.) Councilmember Bolton requested the City Attorney research the petition to see if this is a landlocked situation and moved to place this item on the January 2, 1990, consent agenda, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. 3. Public Hearings: Mayor Dawkins reviewed the policy on the time limit for the public hearings. A. Consideration of the rezoning from R10 Residential District and R6 Residential District to R5 Residential District or to a more restrictive zoning classification for an area located north of Village Drive, east of Purdue Drive and being south of Dark Branch. (P89-92) This item was presented by Tom Lloyd stating this was the advertised public hearing and notices had been sent to the affected property owners. The Planning Board recommends approval. The public hearing was opened at 7:20 p.m. Dr. Franklin Clark, property owner/petitioner was recognized in favor stating that their plans for this area was a retirement community. Dr. John Henley also appeared in favor. Appearing in opposition was Jane Beasley, 2501 Woodwind Drive. She stated they were not opposed to the retirement community, but were concerned with the entire area being rezoned. Something could happen to prevent the project from being completed and then the property would already be rezoned. She requested that only the immediately adjoining property be changed at this time. Mr. Frank Detter, 1441 Marlborough Road, concurred with Ms. Beasley and that he is concerned with what could happen in his back yard. He also is in favor of the retirement community. Dr. Clark appeared in rebuttal saying that the project will come to pass and they should break ground within four to six weeks. He reviewed the lay of the land and what could and could not be done with these areas. There being none further to be heard on this matter, the public hearing was closed at 7:38 p.m. Councilmember McBryde moved to rezone from R10 Residential District and R6 Residential District to R5 Residential District as requested, seconded by Councilmember Ross and carried unanimously 8 to 0. B. Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 611 Country Club Drive. (P89-117) This item was presented by Tom Lloyd stating that it is the advertised public hearing and notices have been sent. The Planning Board recommends denial of P2 and approval of R6. The public hearing was opened at 7:42 p.m. and speaking in favor was Harvey Fleishman, 4620 Dowd Court, Fleishman Real Estate. He stated he was representing the owner of the property who had to move out of the house located there because of the volume of traffic and unsafe conditions for his family in the area. The building is suitable for use as an office that would fit in with the area. There being none further to be heard on this matter, the public hearing was closed at 7:44 p.m. Councilmember Bolton moved to rezone to P2 Professional District as requested, seconded by Mayor Pro-Tem Evans. Councilmember Cheek stated she felt that with a comprehensive land use plan in the process of being updated, and there being considerable vacant land in that area, and that other people live on that busy street, now is not the time to rezone that property. Following discussion Mayor Dawkins called for the vote and it was 7 to 1 with Councilmember Cheek voting against. C. Consideration of an application by John J. Rose for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-30, Item (12) to establish residential uses in a C2S Central Business District for an area located at 124 Bow Street (P89-118). This item was presented by Tom Lloyd stating it is the advertised public hearing and notices have been sent to property owners. The Planning Board recommends approval with the following conditions: 1. All dwelling units be located on the second floor or above. 2. No dwelling unit shall be located on the same floor of the same building as a nonresidential use. 3. Each dwelling unit have at least four hundred (400) square feet of floor area. 4. One (1) off-street parking space be provided for each dwelling unit. If it cannot reasonably be provided on the same lot on which the dwelling unit is located, such space may be provided on another lot separated therefrom by not more than 1,000 feet. 5. All nonresidential uses shall be compatible with residential occupants. 6. Any change in occupancy of the building for nonresidential uses be resubmitted for Special Use Permit application. The public hearing was opened at 7:49 p.m. and appearing in favor was John Rose, 310 Circle Drive, stating his intention for this building is to complete the top floor to be leased or rented as an apartment over the business. The parking for this building is directly behind, next to the asphalt driveway beside City Hall. There was none to appear in opposition and the public hearing was closed at 7:51 p.m. Councilmember McBryde moved to approve the Special Use Permit with the six conditions stated above, seconded by Councilmember Bolton and carried unanimously 8 to 0. D. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 27 “Subdivisions," Article 11 “Minimum Standards of Design," Section 27-10(g)(11) to set forth that swimming pools which are constructed within a group development shall be located not less than fifty (50) feet from any street and not less than one hundred (100) feet from any other property line; amending Chapter 32 “Zoning," Article IV “District Use Regulations," Section 32-22(1) by adding decks (platforms), open and uncovered, attached to a building is permitted as an accessory structure and may encroach into any yard; amending Chapter 32 “Zoning," Article VI “General Dimensional Regulation," Section 32-49(4) by providing for solid and nonsolid fencing not to exceed seven (7) feet in height may be used in any required yard to enclose a group development. (P89-126) Tom Lloyd presented this item stating this was the advertised public hearing. Mayor Dawkins opened the public hearing at 7:50 p.m. and called for those to speak in favor. Mr. Walter Moorian, Pugh Street resident and member of the Board of Adjustment appeared in favor of the amendments stating that the swimming pool amendment would clarify the wording related to swimming pools in their location to property lines and public houses as well as the decks. There was none to speak in opposition. Frank Simpson, Inspections Superintendent, requested that the portion concerning decks or platforms reading “any yard" be changed to read “rear and side yards". There being none further to be heard, the public hearing was closed at 7:57 p.m. The City Attorney requested that the action on this item be continued until the next meeting to enable him to get with Mr. Simpson and review the wording to this ordinance amendment. Councilmember Bolton moved to continue the action for two weeks, seconded by Councilmember Roberts and carried unanimously 8 to 0. 4. Planning Board Matters: A. Consideration of the rezoning from C1 Local Business District to R5 Residential District or to a more restrictive zoning classification for an area located on both sides of Campbell Avenue, and on the west side of Old Wilmington Road. (P89-134) Tom Lloyd made the presentation on this matter stating there were 11 properties included in this rezoning request. They had all been contacted and responded in favor with the exception of one property owner, Fred Shaw, who had not responded nor forwarded an appeal. Following some discussion concerning rezoning properties without property owners requesting the rezoning, Mayor Pro-Tem Evans moved to set a public hearing for January 16, 1990, seconded by Councilmember McBryde. There was further discussion and Councilmember Pillow stated he felt that all property owners were given a chance to appear at a public hearing before the Planning Board and did not do so. Mayor Dawkins responded that to his knowledge Council has never rezoned property at the request of someone other than the property owner. Mayor then requested Mr. Lloyd to read the names of all property owners, which he did. Following the discussion, Councilmember Ross offered a substitute motion to follow the recommendation of the Planning Board and rezone from C1 Local Business District to RS Residential District, seconded by Councilmember Torrey. There was further discussion before Mayor Dawkins called for a vote on the substitute motion, which failed 4 to 5 with Councilmembers Evans, McBryde, Robertson, Bolton, and Cheek voting against. Mayor Dawkins then called for a vote on the main motion to set the public hearing and it carried 5 to 3 with Councilmembers Pillow, Torrey, and Rose voting against. Mayor Dawkins directed the City Attorney to verify the property owners and send notification for the public hearing. 5. PWC Matters: A. Consideration of award of contract for 20" Ball Valve to Willamette Valve (Portland, Oregon), sole bidder in the amount of $23,450.00. Tim Wood presented this item stating that nine invitations had been sent out for bids and only one bidder had responded. Councilmember McBryde moved to award the contract as recommended, seconded by Councilmember Bolton and carried unanimously 8 to 0. B. Consideration of award of contract for Automatic Steam Sterilizer to MDT Corporation Castle Facility (Rochester, NY), sole bidder in the amount of $21,407.00. Mr. Wood stated that six invitations had been sent with only one bidder responding. Councilmember McBryde moved to award the contract as recommended, seconded by Councilmember Bolton and carried unanimously 8 to 0. C. Consideration of ordinance amending PWC Employees' Retirement Plan. Mr. Wood stated this is a technical amendment suggested by the IRS. This affects PWC employees' paychecks right away, therefore, he is requesting Council's consideration of adoption of the ordinance amendment. Mr. Wood stated this has been reviewed by the PWC Attorney and City Attorney. AN ORDINANCE AMENDING THE AMENDED AND RESTATED EMPLOYEES' RETIREMENT PLAN OF THE PUBLIC WORKS COMMISSION, ORDINANCE NO. NS1989-36. Councilmember Ross introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Robertson and carried unanimously 8 to 0. PWC Manager was excused from the meeting at this time. 6. Presentation by Fayetteville Area Chamber of Commerce regarding hiring of lobbyist. Tim Newton, President of the Chamber of Commerce, made this presentation stating that it would also go before the County Commissioners. Mr. Newton expressed to Council that he felt a paid, professional lobbyist would be looking after Fayetteville and Cumberland County on a continuous basis, touch all bases of State government, keep touch with all agencies and get our share of allotted roads and funds allocated. He concluded his presentation by saying that FAEDC endorses this recommendation. 7. Consideration of request by C.U.R.B. for additional funding for fiscal year 1989-90. The Executive Director of C.U.R.B., Anne Morriss presented to Council an overview of what they have been doing, what they are going to do, and the basics of their budgetary problems. Ms. Morriss reminded Council that the “C.U.R.B." is the new name for the Cumberland County Clean Community's Organization. Ms. Morriss stated that in order for an organization such as C.U.R.B. to assist both City and County in meeting the requirements of the recently passed Senate Bill 111, she recommends Council make a supplemental appropriation of $5,000.00. Councilmember McBryde moved to approve the additional funding of $5,000.00 as requested, seconded by Councilmember Bolton and carried unanimously 8 to 0. 8. Consideration of the following Parks and Recreation Matters: A. Request for lease of property by Friends of Botanical Gardens. Brad Hurley, Chairman of the Parks and Recreation Advisory Commission presented the request for the lease of Pope Park as a Botanical Garden. He introduced the members present of the Friends of Botanical Gardens Committee. Mayor Pro-Tem Evans moved to authorize the City Attorney to draft the appropriate lease, seconded by Councilmember Robertson and carried unanimously 8 to 0. B. Request for appointment of Blue Ribbon Study Commission for Parks and Recreation Services. Brad Hurley presented this item requesting the Mayor appoint Blue Ribbon Study Commission to assess the best method to provide Parks and Recreation facilities and services for the City and County urban area. It was suggested that three members from the City and three members from the County be appointed no later than January 15, 1990, with a recommendation by the Committee to both governing bodies no later than March 19, 1990. This should be done prior to the Park Bond Proposal. They also request that the Committee members be as unbiased as possible and non-staff members. Mr. Hurley stated this does not mean that Parks and Recreation Advisory Commission supports a merger. Councilmember Cheek moved to follow the recommendations for the Blue Ribbon Study Committee and deadlines, seconded by Councilmember Bolton and carried unanimously 8 to 0. C. Consideration of non-resident fee proposal. Brad Hurley presented this item stating that the Commission is requesting Council adopt a policy concerning non-resident fees, which is that all fees for non-residents be doubled the resident fee rate with the exception of the cemetery fees. Councilmember Bolton moved to follow the recommendation and approve the policy that all fees for non-residents be doubled the resident fee with the exception of cemetery fees, seconded by Councilmember Pillow and carried unanimously 8 to 0. 9. Consideration of approval of Interlocal Agreement between the City of Fayetteville and Cumberland County for the Farmer's Market. The City Manager presented this item stating it is worded essentially the same as the previous agreement with the exception of permitting the use of space for arts and crafts. Councilmember Cheek questioned the Item 5 concerning ownership of real property in the fifth line, she number of days for written notice to the County was omitted. The City Manager and City Attorney responded that those days were accidentally omitted. There is no change from the original agreement. Councilmember McBryde moved to approve the agreement amendment with the same number of days as in the previous agreement, seconded by Councilmember Pillow and carried unanimously 8 to 0. 10. Consideration of award of contract for fixed base operations feasibility study. This item was presented by Airport Manager Ray stating that the existing contract with the fixed base operator expire in June 1994. This feasibility study is on the services that the City could and would want to provide in this general aviation field. The cost of this is $13,500.00. Councilmember McBryde asked if we might have someone in-house or on the Airport Commission that could do this study. Mr. Ray responded that we do not have anyone with the expertise or be unbiased. Councilmember Robertson was concerned with having to go out of town for this service. Mr. Ray responded that we had no one local with this particular expertise. Councilmember Bolton moved to award the contract to Wilbur Smith and Associates in the amount of $13,500.00 as recommended, seconded by Councilmember Pillow and carried unanimously 8 to 0. 11. Consideration of adoption of Demolition Ordinances for the following properties: A. (DELETED) B. 1904 Southern Avenue (Owner: Joe and Patricia M. Hall) Walter Haire presented this item and stated this was a burned structure. There was some discussion, and Councilmember Ross stated she felt the building looked sound and believed that other structures in the City need to be torn down before this one. Mr. Haire respond that this building only looks sound because it was cinder block. There is a side entrance that is open and presents a danger. 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. NS1989-37. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow and carried 7 to 1 with Councilmember Ross voting against. 12. Consideration of award of contract for purchase of I.D. Bureau Fingerprint Computer to De-La Rue Printrak, Inc., in the amount of $150,000.00. This item was presented by City Manager Smith stating that this lease-purchase equipment is compatible with the State Bureau of Investigation's mainframe computer. The lease-purchase would be one-third City, two-thirds County. Councilmember Bolton moved to award the contract to De-La Rue Printrak, Inc., in the amount of $150,000 as recommended, seconded by Councilmember Torrey and carried unanimously 8 to 0. 13. Consideration of recommendation of Policy Committee regarding smoking at City Council meetings. Councilmember McBryde, Chairman of the Council's Policy Committee, presented this item and stated that the Committee recommends no smoking during Council Meetings only because they do not feel they can regulate other meetings at this time. The City Employees' Policy is being reviewed at this time. Councilmember McBryde moved to ban smoking during City Council Meetings at any location and time, seconded by Councilmember Ross and carried unanimously 8 to 0. 14. Consideration of readoption of Resolution of Consideration for annexation. (Third area under Resolution No. R1987-119.) RESOLUTION IDENTIFYING AREAS UNDER CONSIDERATION FOR ANNEXATION. RESOLUTION NO. R1989-175. Councilmember McBryde moved to readopt the foregoing resolution as recommended, 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 Resolution Book R1989. 15. Consideration of adoption of Resolution of Intent to annex (Baxter Street - Tracks 1 and 2). Assistant City Manager Stancil presented this item stating this request for annexation is for the Baxter Street right-of-way only. No one is maintaining this street, and it is used by City residents; therefore, the City is initiating the annexation of the right-of-way to be effective April 2, 1990. RESOLUTION OF INTENT TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF THE PUBLIC HEARING ON THE QUESTION OF ANNEXATION (FEBRUARY 5, 1990). RESOLUTION NO. R1989-176. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried 7 to 1 with Councilmember Ross voting against. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1989. 16. Consideration of cancellation of Information Meeting of December 25, 1989. The regular Information Meeting will be held on December 26, 1989, due to the regular meeting being the Christmas holiday. Councilmember McBryde moved to cancel the regular Information Meeting of December 26th, seconded by Councilmember Bolton and carried unanimously 8 to 0. 17. Appointments: A. Nominations/Elections for one vacancy on human Services Commission. Councilmember McBryde moved to elect Annie Chavis by acclamation to the unexpired term of Mary Layton to March 1991, seconded by Councilmember Bolton and carried unanimously 8 to 0. B. Nominations to fill one vacancy on Board of Adjustment. There were no nominations. C. Nominations/Elections to fill two vacancies on Fayetteville Redevelopment Commission. Councilmember Pillow moved to elect by acclamation Mr. John Hood to a first term and Ms. Veronica Wilson for a second term to December 1991, seconded by Councilmember Bolton and carried unanimously 8 to 0. D. Nominations to fill three vacancies on Fayetteville Revitalization Commission. Councilmember McBryde moved to elect Gary Mendelsohn to fill the unexpired term of Stan McGinnis to June 1990 and F. Royal Loyd, Jr. to fill the term of Joel Schur to June 1991 and David Nichols to fill the term of Suzan Cheek to June 1991, seconded by Councilmember Torrey and carried unanimously 8 to 0. E. Nominations/Elections to fill two vacancies on Personnel Review Board. Mayor Pro-Tem Evans moved to elect Mrs. Geraldine Henderson by acclamation for a second term to December 1991, seconded by Councilmember McBryde and carried 7 to 1 with Councilmember Ross voting against. Mayor Dawkins then called for nominations to fill the vacancy of Bob Cellner. Councilmember Ross nominated Rev. Murphy. She will furnish the full name and address at a later date. F. Nominations/Elections to fill one vacancy on Police Benefit Fund. Mayor Dawkins asked if there were any further nominations for the Police Benefit Fund. There being none the Mayor called for a vote to elect Milt Wofford to fill the vacancy of Vincent Shields to September 1991, and it carried unanimously 8 to 0. G. Nominations/Elections to fill three vacancies on Fayetteville Appearance Commission. Councilmember Cheek nominated Ms. Judy A. Masters for the Landscape/Horticulturist category. Dan Hicks was nominated for the Architect category, and Marci Covell was nominated for the at-large position at the last meeting. The terms are to December 1991. Councilmember Pillow moved to elect the foregoing nominees, seconded by Councilmember Torrey and carried unanimously 8 to 0. 18. Administrative Reports: A. Statement of taxes collected for the month of November, 1989, from the Cumberland County Tax Collector. Council accepted the statement of taxes collected for the month of November 1989 for a total collections of $2,614,796.03. B. Report on effort to sell several City-owned lots/tracts of land in the East Acres Subdivision (Eufaula Street/Milan Road/Marsh Street) area. This item was presented by City Engineer Bennett stating that no bids have been received because of the minimum bid requirement. There has been a great deal of interest in these lots. Mr. Bennett requested that Council authorize him to advertise with no minimum to get the land back on the tax rolls. Mayor Pro-Tem Evans moved to re-advertise the land for sale and waive the minimum but return the offers to Council, seconded by Councilmember Pillow. Councilmember Bolton questioned if he had a relative making a bid, would this create a conflict of interest? It was determined that this would not be a conflict of interest because Councilmember Bolton would not benefit. Mayor Dawkins then called for the vote and the motion carried unanimously 8 to 0. At this time Councilmember Pillow moved to enter Executive Session for property settlements and claims, seconded by Councilmember Bolton and carried unanimously 8 to 0 at 9:30 p.m. Council reconvened into regular session at 9:35 p.m. City Attorney Cogswell requested that Council authorize a 90-day extension of the contract previously entered into with Village Drive Properties for the current owners involving the Purdue/Cheselka Street connector. Councilmember Bolton moved to extend the contract for 90 days as requested, seconded by Councilmember Pillow and carried unanimously 8 to 0. B. Claim Settlement Requests: 1. City Attorney Cogswell recommended settlement of a condemnation of W. Cohen Heath property for $2,000.00 plus a driveway curb cut as set forth in their attorney's letter dated November 29, 1969. Councilmember Robertson asked if this is to be paved wouldn't we be doing cutter anyway? Mr. Cogswell responded there was no cut planned where they are requesting it and this is part of their settlement. Councilmember Robertson offered a substitute motion to continue this matter to January 2, 1990, Council Meeting to give Council a chance to view the property, seconded by Councilmember McBryde. The vote was 4 to 4 with Mayor Dawkins breaking a tie by voting against. Mayor called for a vote on the main motion and it carried unanimously 8 to 0. 2. City Attorney Cogswell requested to settle a claim of Harold Smelcher and Smelcher Contracts, Inc., against the City for damage to a vehicle in the sum of $1,222.51 plus cost of rental of vehicle during time of the truck being in the shop. Councilmember Bolton moved to settle the claim as recommended, seconded by Councilmember Pillow and carried unanimously 8 to O. At this time Councilmember McBryde requested some information concerning recycling and the possibility of the City going into the recycling business. Mr. Smith stated we are studying jointly with C.U.R.B. and the County. There being no further business, the meeting was adjourned upon motion and seconded at 9:40 p.m.