1986 - MEETING MINUTES
CITY OF FAYETTEVILLE,
NORTH CAROLINA
REGULAR MEETING
MONDAY, JANUARY 6, 1986
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, JANUARY 6, 1986
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Mildred Evans, J. L. Dawkins, Milo McBryde, Jimmie Jones, Emaretta Fenton
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and issued a welcome to all present.  The invocation was offered by the Reverend Thurman Rhodes, Minister of Hood Memorial AME Zion Church.  Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	The City Attorney requested an executive session at the end of this meeting or litigation and property matters.
1.	Consent:
	The City Manager stated that consent items 1E and 1G should  read advertise instead of approval.
	Mr. Dawkins then moved, seconded by Mr. McBryde to approve all consent items with the corrections as indicated.  Motion carried unanimously.
	Consent items appear below.
A.	Approval of minutes of special meeting of December 30, 1985.
B.	Set Public Hearing for February 3, 1986, to consider the rezoning from R10 Residential district to R6 Residential District for an area located at 2004 Morganton Road.
C.	Set Public Hearing for February 3, 1986, to consider the rezoning from R5 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located on the east side of “B” Street, on both sides of Minor Street.
D.	Approval of the rezoning from C1 Local Business District to P2 Professional District for an area located at 1403 Murchison Road.
E.	Advertise Airport Use Agreement between City of Fayetteville and Atlantic Southeast Airline, Inc.
F.	Approval of Grant Agreement between the North Carolina Department of Transportation and the City of Fayetteville, Project Number 9.9344193.
G.	Advertise Corporate Hanger Lease Agreement between the City of Fayetteville and GNS Company.
2.	Public Hearings:
A.	Consideration of amendments and revisions to the City of Fayetteville Zoning ordinance, Chapter 32, governing dish antennas (earth stations) within one city limits.  (Fayetteville Ordinance).  The Planning Board recommended approval as written.
	Planner  Al Mitchell presented this matter and referred to the information in the packet.  He displayed projections and drawings and reviewed the provisions of the proposed ordinance as to placement of such antennas.  He stated the Planning Board proposed that this be heard by the Board of Adjustment.
	Mayor Hurley recognized Mr. Brad Goodrum, 1524 Brookside Avenue and Chairman of the Appearance Commission, in favor of the proposed ordinance and with additional comments.
	Mayor Hurley recognized  Mrs. Rae Harris, Route 7, Box 114B, Fayetteville, in opposition to the proposed ordinance.  She stated it was discriminatory and that she was opposed to the building permit and offered other comments in opposition. She requested City Council to not vote on this issue tonight.
	Mr. McBryde stated he had a request from Attorney Mac Tyson that Council take no action on this matter tonight.
	Following some discussion, Mr. McBryde offered motion that Council take no action on this matter tonight and extend this public hearing to January 27, 1986, seconded by Mrs. Evans.
	There were then comments by the City Attorney to the effect that there was possible action to be taken by the FCC on dish antennas. He suggested Council wait.  There was then some further discussion of this matter and following this, Mayor Hurley called for a vote on the motion and it carried unanimously.
B.	Consideration of reallocation of unobligated Community Development Block Grant funds from the 1984-85 Fiscal Year. Approval was recommended.
	Mr. Richard Herrera, Executive Director of the Community Development Department, presented this matter and requested the reallocation of these funds in the manner described below:
	Murchison Road sidewalk (White Street to Waddell Drive) $20,588.00.
	Harvey Street improvements (paving $49,538.00 - sidewalk- $7,000.00) $56,538.00.
	Cumberland County Coordinating Council on Older Adults (senior citizen home repair program) $50,000.00. He offered further comments from his memo in the agenda packet.
	There was then some discussion of the matter.
	Mayor Hurley recognized Mr. Clinton Harris of the Fayetteville/Cumberland County Citizens Association in favor of this matter and with additional comments.
	Mayor Hurley also recognized Mr. Marshall Lanter of the Council on Older Adults in favor of the reallocation program. Mr. Herman Beale of the Council on Older Adults was also recognized in favor.
	There was no opposition present.
	Following brief discussion, Mr. Dawkins offered motion to approve the reallocation of funds as recommended by Mr. Herrera, seconded by Mr. Jones and carried unanimously.
	This completed the public hearings.
3.	PWC Matters:
A.	Consideration of resolution authorizing condemnation to acquire certain property for sanitary sewer purposes. The City Manager stated that Mr. Tim Woods, PWC Manager, had requested the foregoing matter be withdrawn.
B.	Consideration of bids received December 10, 1985, for purchase of one (1) 28,000 Pound GVW Truck with 15,000 Pound Corner-Mount Derrick and Line Construction Body.  PWC recommends the low alternate bid by Altec Industries, Inc. PWC Manager Tim Wood presented this matter and requested approval.
	Mr. Wofford offered motion for approval as recommended, seconded by Mrs. Evans and carried unanimously.
C.	Consideration of bid awards for construction of P.O. Hoffer Water Treatment Plant Addition. PWC recommended award of bids as stated on the tabulation sheet in the agenda packet.
	Mr. Tim Wood, PWC Manager, presented his matter and requested approval.
	Mrs. Evans offered motion, seconded by Mr. Jones, for approval as recommended. Motion carried unanimously.
D.	Consideration of bids received December 18, 1985, for construction of 24-inch water main extension along 401 By-Pass and Raeford Road.  PWC recommended award to Blue Contracting Company, Sanford, NC.
	Mr. Tin Wood, PWC Manager, presented this matter and recommended approval.
	Mrs. Evans moved for approval as recommended, seconded by Mrs. Felton and carried unanimously.
	This completed the PWC matters.
4.	Consideration of amendment to Terminal Expansion Contract (Acceptance of Alternate #3, Piedmont portion of expansion). Approval by Airport Commission was recommended.
	Airport Manager Tom Ray presented this matter and stated that as you are aware, the Piedmont portion of the terminal expansion was deleted prior to letting of the construction contract, and was bid as Alternate #3 to the plans and specifications . Piedmont has since decided to take this space and we need to accept Alternate #3 to the existing contract. Total cost of Alternate #3 is $91,753.00. we recommend that Alternate #3 be accepted to the existing terminal expansion and that we commit $91,753.00 to the acceptance of contract Alternate also recommend that an additional $42,000.00 be allocated to the expansion project as a contingency fund. The remaining monies that amount to $60,000.49 should be placed in the Airport Capital account.
	Mr. Wofford then offered motion for approval of the foregoing as recommended, seconded by Mr. Jones and carried unanimously.
5.	Consideration of the following Supplemental Agreements between Wilbur Smith & Associates and the City of Fayetteville:
A.	Supplemental Agreement #9
B.	Supplemental Agreement #11
	Airport Manager Tom Ray presented these matters and stated that Agreement #9 is for coordination projects and Agreement #11 is for engineering work for runway 04-22.
	Following brief discussion, Mr. Wofford offered for approval of both Supplemental Agreements 9 and 11 a recommended, seconded by Mrs. Evans and carried unanimously.
6.	Consideration of resolution pertaining to disposition of City owned property, known as Lot 66, Marshall Road. Adoption was recommended.
	The City Engineer presented this matter and stated that this lot has been previously declared surplus to the City/County. It was foreclosed on several years ago due to delinquent taxes and paving assessment. After advertising in the newspaper and posting a sign on the property for more than 30 days, a bid opening was conducted on December 23, 1985. Only one bid was received in the amount of $150.00. This bid was from an adjoining land owner, Mr. and Mrs. Nick Lean.  He recommended acceptance of this bid and adoption of the resolution.
	Following some discussion, Mr. Evans offered motion for approval of the sale or this lot by adoption of the resolution, seconded by Mrs. Felton and carried unanimously.
	A RESOLUTION AUTHORIZING THE  SALE OF CITY OF FAYETTEVILLE PROPERTY - LOT NO. 66, MARSHALL ROAD. RESOLUTION NO. R1986-1.
7.	Consideration of resolutions to acquire rights-of-way for street construction on the following projects:
A.	Moore/Bruner, Parcel N-1.
B.	Moore/Bruner, Parcel S-1.
C.	Tolar/Barnes/Barrett, Parcel S-1.
D.	Lambert Street, Parcel S-1.
	The City Engineer requested approval of all of the foregoing except item D which had been settled.
	Following brief discussion, Mr. McBryde offered motion for adoption of Resolutions A, B, and C as recommended, seconded by Mr. Dawkins and carried unanimously.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY - MOORE/BRUNER STREET - PARCEL N-1.  RESOLUTION NO. R-1986-2.
	RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY - MOORE/BRUNER STREET - PARCEL S-1. RESOLUTION NO. R1986-3.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY - TOLAR/BARNES/BARRETT STREET CONSTRUCTION - PARCEL N-1. RESOLUTION NO. R1986-4.
8.	Consideration of revisions to Fayetteville Urban Area Thoroughfare Plan. Transportation Advisory Committee recommended adoption of resolution.
	Mr. Mike Osborne, Cumberland County Planning Board, Transportation Section, presented this matter and stated that submitted is a resolution for adoption by the Fayetteville City Council extending all major and minor thoroughfares from the old urban area planning boundary to the new urban area planning boundary and designating Evans Road (S.R. 2216) as a minor thoroughfare. The urban area planning boundary was expanded because of the current and projected growth of the Fayetteville urban area. Extending the major and minor thoroughfares and maintaining the recommended right-of-way and roadway design will allow right-of-way protection which will reduce the over all future road construction cost. This matter has been reviewed and approved by the Fayetteville Urban Area Transportation Advisory Committee (11-16-85) and the Cumberland County Joint Planning Board (11-5-85).
	Following brief discussion, Mrs. Evans offered motion to follow the recommendation of the Transportation Advisory Committee and adopt the resolution, seconded by Mrs. Felton and carried unanimously.
	A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, APPROVING REVISIONS TO THE FAYETTEVILLE URBAN AREA THOROUGHFARE PLAN. RESOLUTION NO. R1986-5.
9.	Consideration of resolution regarding employee use of vehicles owned by City of Fayetteville. Adoption was recommended.
	City Manager Smith presented this matter and stated that the resolution is required by IRS in order for the City to be exempt from declaring taxes for employees who use City vehicles. The Policy expressed in the resolution is the Policy of the City. Attached to the memo is a memorandum from myself to the department heads to assure compliance. I will submit the updated list and justifications to you for information and review. Also attached to this memo in the agenda packet is a copy of the current Administrative Policy regarding use of City vehicles. He recommended adoption of the resolution by City Council.
	Following brief discussion, Mr. Dawkins offered motion for adoption of the resolution as recommended by the City Manager, seconded by Mr. McBryde and carried unanimously.
	A RESOLUTION REGARDING EMPLOYEE USE OF VEHICLES OWNED BY THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R1986-6.
10.	Consideration of amended contract or Economic Development Service between City of Fayetteville, County of Cumberland and Fayetteville Area Chamber of Commerce. Approval was recommended.
	The City Manager presented this matter and stated in his memo that submitted is the newly adopted budget (calendar year 1986) and amended agreement for the Economic Development Board. The proposed budget calls for a $1,280.00 annual increase from the City, and $2,560.00 each from the County and Chamber of Commerce.  This represents a 5 percent overall increase in the budget.  The County Commissioners and Chamber of Commerce have approved the new budget and amended agreement.
	Mrs. Evans requested information on the Economic Development Board and what has been accomplished by it.
	The City Manager offered an explanation.
	Mayor Hurley also stated that the purpose of the Board was to increase economic development in the area.
	Mr. McBryde requested that monthly reports be submitted on industry expansion in the area.
	Mrs. Evans expressed his opinion that this activity is a function of the Chamber of Commerce.
	There was then some lengthy discussion of this subject.
	The City Manager offered additional comments by way of explanation from the material in the agenda packet.
	Mr. McBryde then offered additional comments concerning this matter. The City Manager then offered a correction to the State Statute reference in the contract.
	Following some further discussion, Mr. McBryde offered motion to adopt the amended contract as recommended, seconded by Mr. Jones and carried Mrs. Evans voting no.
11.	Consideration of proposal by Fayetteville Progress. The recommended action was referral to the letter enclosed in the agenda packet.
	Mr. J. Harvey Oliver, Jr., Chairman of the Fayetteville Progress Board, was recognized and presented this item (A copy of his letter is attached to the original minutes).
	Mr. Dawkins requested comments from the City Manager on this matter. He requested that City Council authorize the City Manager to work with Fayetteville.
	Following some brief discussion, Mrs. Evans offered motion to authorize the City Manager to negotiate the contract and bring it back to City Council for further consideration, seconded by Mrs. Felton and carried unanimously.
12.	Appointments:
A.	Nominations to fill one vacancy on the Board of Trustees, North Carolina Firemen's Relief Fund.
	Mr. William F. Epps , incumbent treasurer, was nominated and reappointed to this position for two years to January 1988.
B.	Nominations to fill one alternate member vacancy to the Personnel Review Board.
	Mrs. Evans nominated Mrs. E. O. Chance.
C.	Election of Tom Goetz and Sharon Valentine to Fayetteville Appearance Commission.
	Mr. Dawkins referred motion for appointment of the two foregoing members for two years tn December 1987, seconded by Mr. Jones and carried unanimously.
D.	Election of Ted Rhodes, Jr. or Bill Pollitt to the Fayetteville Revitalization Commission.
	A vote was taken by Council and Mr. Ted Rhodes, Jr. was appointed to fill vacancy created by the resignation of Mr. Art Hooker, said remaining term running to June 1988.
	Mrs. Evans requested and Council agreed to consider Mr. Pollitt for a tire appointment.
13.	Delegations or individuals wishing to address Council. There were none.
14.	Administrative Reports:
A.	Insurance Matters.
	The City Manager presented this matter in detail and a copy of his memo is on file with the original of these minutes.
	The City Manager referred specifically to Parks and Recreation Liability insurance, Airport Liability Insurance, and Prince Charles Hotel Liability Insurance.
	There were then comments by the City Attorney concerning this matter. 
	There was then a lengthy discussion of the question.
	There were further comments by Mr. Dawkins on the matter.
	During the discussion, Mr. McBryde suggested that we go local on the insurance coverage.
	There was then some further lengthy discussion by Council of this matter. 
	Mayor Hurley then stated that it appeared to be the consensus of the Council that they would like to have coverage on Parks and Recreation.
	The City Manager then discussed Airport Liability and stated that he agreed with the opinion expressed by Airport Manager Ray in his memo in the packet.
	The City Manager then discussed the Prince Charles Hotel coverage and suggested that we should leave it uninsured until we decide what we are going to do with it. Council was in agreement with both of the foregoing suggestions.
	On an additional matter, the City Manager stated that the Workers Compensation Insurance Budget was approximately $125,000.00 per year. He stated that he had received a quotation on this insurance coverage. He stated that he was mentioning this only for information to the Council this evening.
	On an additional matter unrelated to insurance, the City Manager stated that last year we changed the annual cycle on the auto decals. He stated that they are now due on September 1. He stated that according to the current ordinance, after December 31 the decals go on sale for half price. He asked Council if the ordinance should be changed. It was the consensus of the Council that due to the lateness no change be made in the current ordinance at this time.
15.	Matters of Interest to Council:
	Mr. Jones stated that Clark Park is a problem. He stated the gates are not being closed as they should and that undesirable activities are taking place the park as result of this. He asked why the gates were not being closed and the City Manager stated that he would check this out.
	Mr. McBryde stated that he had received a call from a Mr. Coghill who had petitioned for rezoning at the corner of Grove Street and I-95. Mr. Coghill stated he was not informed as to the date of the hearing. He stated that the Planning Board denied the rezoning. He stated he was not notified of this matter. Mr. McBryde asked if we could let him appeal. Planner Al Mitchell stated that the Planning Board will restart the procedure if desired.
	Following some brief discussion, Mr. McBryde offered motion to send this matter back through, seconded by Mr. Jones.
	Mr. Dawkins then offered substitute notion to refer this matter to Administration or recommendation, seconded by Mrs. Evans and carried unanimously.
	Mayor Hurley declared the original motion lost.
	Mr. Dawkins wished everyone a happy New Year.
	Mrs. Evans invited all of the City Council members to a Policy Committee meeting to be held at 7:00 p.m. next Friday, January 10, in the Kyle House Conference Room.
	Mayor Hurley suggested that Council set a planning session on January 27. He requested that Council bring suggestions. It was decided that Council would meet for dinner at 5:30 pm. before the meeting.
	Mayor Hurley stated that he has received and distributed earlier a letter from Mr. Ervin Baer on the mobile home park on the Taylor property regarding the construction of apartments.  Mr. Baer referred to the release of some of right-of-way in his letter and Mayor Hurley requested City Councilmembers to consider the release of some thoroughfare right-of-way. It was decided to make this an agenda item for the next regular meeting.
	Mayor Hurley asked the City Engineer to please get Cool Spring Street resurfaced. The City Engineer stated that he had information forthcoming on this matter.
	Mr. Dawkins stated that he had questions on the Murray Hill Road four-way signs. He stated he had received numerous questions from the residents of is area concerning this. He stated it was his understanding that this was a 90-day experimental period. It was decided to put this on the January 20 regular meeting for discussion.
	Mayor Hurley extended thanks to Police Officer Mott for being present at the meeting this evening.
	The City Attorney requested that Council add attorney client matter to the executive session.
	Mayor Hurley then stated that he would entertain a motion to enter into executive session and Mr. Dawkins so moved at 9:05 p.m., seconded by Mr. McBryde and carried unanimously.
	Council then reentered the chamber and Mayor Hurley adjourned the executive session and reconvened Council into regular session at 9:45 p.m. and upon motion by Mr. Dawkins, seconded by Mr. McBryde and carried unanimously, the meeting was adjourned.
MEMORANDUM
January 2, 1986
Mr. John P. Smith
City Manager
234 Green Street
Fayetteville, North Carolina 28301
Dear Mr. Smith:
The Board of Directors of Fayetteville Progress is in the process of defining our work program and budget for 1986.  Because so much of what we do is done in partnership with the City, we feel that we need some formal confirmation from City Council of the work program which we wish to undertake jointly in the coming year. As I stated to the Council previously, we also must look to the City to share in the cost of those activities which we undertake on behalf of the City.
We have identified six areas in which we feel Fayetteville Progress needs to be working in the coming year, as follows:
	1.	begin implementation of the targeted economic strategy
	2.	continue to assist the developer of LaFayette Square
		in satisfying all financing and lease conditions
	3.	continue to assist individual property owners in
		planning and implementing renovation projects
	4.	continue to assist the City in matters pertaining to the Prince Charles Hotel development
	5.	continue to seek development of larger vacant or partially-vacant downtown buildings
	6.	seek additional new residential development within Hay/Branson Neighborhood Conservation Area
In implementing the economic development strategy, our objective for 1986 would be to set up a network of professional services to be available to potential entrepreneurs at reasonable cost, as recommended by our consultant, Mr. Boyle, as a first step in creating a more entrepreneurial environment in the community. We would also start work on establishing a small business incubator facility, and work towards identifying sources of capital and financing for small business development and expansion within the community. Additionally, we would assist the city and the Economic Development division of the Chamber of
	2504 Raeford Road/ Suite B/ Fayetteville, North Carolina 28305/ (919) 323-1313
	we accept the proposal and decide later to go into the pool, we can cancel the policy.
		The second matter deals with airport liability. Please review the attached correspondence. After reviewing the matter, I concur with Mr. Ray and will proceed accordingly unless council feels otherwise.
		With regard to the Prince charles Hotel, I am of the opinion that we should leave it uninsured until we decide what we are going to do with it.
Attachment
REGULAR MEETING
MONDAY, JANUARY 20, 1986
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBERS
	MONDAY, JANUARY 20, 1986
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Mildred Evans, J. L. Dawkins (8:15 p.m.), Milo McBryde, Jimmie Jones and Emaretta Felton
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and issued a welcome to all present. Mayor Hurley then introduced the minister offering the invocation this evening. He stated that he was Chaplain (Captain) Randy Heckert, U.S. Army, Fort Bragg, NC. Mayor Hurley stated that Chaplain Heckert was of the Quaker denomination and the only one in the U.S. Army. Chaplain Heckert then offered the invocation. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley then stated that due to the illness of his wife, Mr. Dawkins would be late for the meeting this evening.
	Mayor Hurley then introduced Youth Council Members Lisa Harris and Bonney Harry.
	 Mayor Hurley reminded Council and those present that Mrs. Julia Warner had retired from her position in his office and introduced her successor, Mrs. Marti Nonemaker, his new secretary and Ms. Amy Pantzer, the new Public Relations Aide for his office.
	Mayor Hurley stated that the City Attorney had requested an executive session for litigation, property and attorney-client relationship at the end of this meeting.
1.	Consent:
	Mr. McBryde offered motion for approval of all of the consent items as presented, seconded by Mr. Wofford and carried unanimously.
The consent items appear below.
A.	Approval of minutes of regular meeting of December 16, 1985.
B.	Approval of minutes of regular meeting of January 6, 1986.
C.	Approval of traffic schedule revision of school zone on Fort Bragg Road, Alma Easom School - St. Patrick's School.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL - FORT BRAGG ROAD. ORDINANCE NO. NS1986-1.
D.	Adoption of CAP Change 86-9 to CAP 86-3 (Airport improvements). 
E.	Adoption of Budget Ordinance Amendment Change 86-4 (encumbrances). 
F.	Adoption of Budget Ordinance Amendment Change 86-5 (Other miscellaneous).
2.	Public Hearings:
A.	Consideration of an application by Stewart Oldsmobile, Inc., for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-25, Item (1) to operate an automobile off-street parking for employees and customer use in an R5 Residential District for an area located on the east side of Ames Street, South of Bragg Boulevard. Planning Board recommended approval with amended conditions.
	Planner Al Mitchell presented this matter and stated that the five conditions for approval were:
	(1)	That the sight obscuring plant material buffer as shown on the proposed site plan be established along the entire northern, southern and western property lines and across the driveway onto Ames Street prior to final inspection of the site for occupancy.
	(2)	That if any on-site lighting is to be provided for this parking lot, that it shall be installed so that it will not illuminate the adjoining residential areas.
	(3)	That the City Engineer review and approve the drainage plan for this parking facility prior to obtaining final site inspection for occupancy.
	(4)	That this approval is only for the provision of additional off-street parking for Stewart Oldsmobile employees and that this parking facility is not to be used for the storage of any new vehicles and/or any inoperable vehicles temporarily stored for repair.
	(5)	That the time restraint on this parking area be used only from 7:00 a.m. to 9:00 p.m.
	Mayor Hurley recognized Attorney Rudy Singleton for Stewart Olds, Inc. in favor of the proposal. He presented photographs of the site. He requested that access be from Ames Street. Approximately 50 employees stood in favor of the proposal.
	Mrs. Sue Brown Bandy, President of Haymount Preservation, was recognized in opposition with remarks.
	Mr. John C. Monroe, 438 Ames Street, was recognized in opposition with remarks and stated that he represented other residents in the area.
	Attorney Singleton was recognized in rebuttal with remarks.
	Mr. George Stewart, President of Stewart Olds, was also recognized with remarks.
	Mr. Clinton McCoy of Stewart Olds sale department was recognized with remarks in favor.
	A resident of the area was recognized in opposition.
	Mr. Franklin Taylor, Stewart Olds employee, was recognized in favor of the proposition.
	There were no other persons who wised recognition and Mayor Hurley then declared the public hearing over and discussion by the City Council.
	There were remarks by Councilmen Wofford and McBryde.
	Following some discussion, Mr. McBryde moved for approval of the Special Use Permit with conditions that a gate be installed and that the lot be closed at 9:00 p.m. and reopened at 7:00 a.m. and for the removal of the plant material buffer, seconded by Mr. Wofford and carried unanimously.
	Mayor Hurley then declared a brief recess.
B.	Consideration of request for NCDOT to acquire utilities and sidewalk space along the south side of Morganton Road in the vicinity of Skye Drive. Approval was recommended.
	In the temporary absence of the City Engineer, the City Manager presented this matter and stated that it was a widening project for this location.
	The City Engineer stated that NCDOT plans to widen Morganton Road on the south side in the vicinity of Skye Drive. We have been advised that the existing PWC utility lines will have to be moved and that the City should ask (if the City desires to do so) for NCDOT to acquire adequate right-of-way for the utility lines to be relocated and if so desired, adequate space for future construction of sidewalks. The City can expect to be asked to participate in this project whether we ask for the additional right-of-way or not. The usual request is for 25 percent participation of right-of-way costs and utility relocation expense. We recommend approval. During the last week of December, 37 notices were mailed to property owners and residents in the vicinity of the proposed project. The letter went to addresses abutting streets outlined on the map enclosed with the packet.  An advertisement including description and map will also run in the Fayetteville Observer/Times on Sunday and Monday prior to the public hearing.
	Mayor Hurley recognized Mr. Clinton Harris, President of the Cumberland County/Fayetteville Citizens Association, in favor of sidewalks for the school children.
	Mayor Hurley also recognized Attorney Richard Wiggins, representing Mr. Tom McLean, a property owner in opposition to the proposal. Mr. Wiggins suggested a more in-depth study of the area and that NCDOT has not done so.
	Mayor Hurley recognized Reverend T. J. Fulk, 2611 Morganton Road, with a question on whether any of his property would be taken.
	Mr. Crawford McKeithan was also recognized with a question concerning the sidewalks.
	The City Engineer offered remarks concerning the sidewalk proposal and on studies of the location and stated that the improvements are needed.
	Mr. Wofford asked if the City would pay 100 percent of the cost and the City Engineer replied to the negative and called attention to the second paragraph of his memo concerning this matter.
	Mayor Hurley offered comments on severing Skye Drive from the edge of the FTI property to Hull Road as suggested by Mr. Jim Kizer, a resident in the area.
	The City Engineer responded that in doing this, considerable traffic would be routed onto Churchill Drive, which is not adequate for handling of such traffic loads.
	Following some further discussion, Mr. Wofford offered motion for approval of the City Engineer's recommendation by the adoption of the resolution for right-of-way and sidewalk space, seconded by Mrs. Evans and carried Mr. Jones voting no.
	Mr. Wofford asked the City Engineer to request NCDOT to check the entire area.
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE REQUESTING NCDOT TO ACQUIRE UTILITIES AND SIDEWALK SPACE ALONG THE SOUTH SIDE OF MORGANTON ROAD IN THE VICINITY OF SKYE DRIVE. RESOLUTION NO. R1986-7.
3.	Appearance by Yvonne Keenan regarding parking lot on Bow Street.
	Mayor Hurley stated that Mrs. Keenan was not present this evening, but that she wished to discuss problems of renting in that area and the parking lot in particular. The Mayor stated that the problem is in parking and with mud holes and with undesirable activities in the unpaved lot section on the east side of the building.
	Mr. McBryde said that Mr. Wofford had suggested asking the Inspection Department and the Police Department to check on this problem.
	The City Manager provided information from the Chief of Police in trying to deal with these problems.
	Councilman Dawkins then entered the meeting at 8:15 p.m.
	Mr. Dawkins offered comments on the police information provided.
	The City Manager also stated that the Chief of Police had met with Mrs. Keenan concerning the problems.
	Mayor Hurley then asked the City Manager to request the Chief of Police to continue the study of these problems and try to reach a solution.
4.	Report from the Policy Committee:
A.	Discounts on assessments.
	Mayor Hurley recognized Mrs. Evans of the Policy Committee, who gave a report from her memo in the agenda packet. She stated the matter had been referred to the staff for a recommendation for continuing the 30 percent discount on assessments. She stated the City Manager had recommended in his memo that the City maintain the 30 percent discount on assessments for a definite period of time and then evaluate the actual impact and determine then if the policy should be changed. By setting a time frame, the City would not be in a position of singling out one street or neighborhood for a special discount.
	There was then some discussion of the matter.
	Mrs. Evans then moved that we do give a 30 percent discount on a one-year trial basis, seconded by Mr. Jones.
	There was then some further discussion.
	The City Attorney informed Council that the City Engineer had stated no preliminary resolution had been done on Guy Circle.
	There was then some further discussion.
	Following this discussion, Mr. Wofford offered substitute motion that our policy on assessments be in accordance with state statutes and that we allow discounts on assessments on an individual basis when warranted, seconded by Mr. McBryde and carried, Mrs. Evans voting no.
B.	Conditions of employment.
	Mrs. Evans of the Policy Committee presented this matter and stated that essentially the conditions contained in the Memoranda of Understanding were essentially the same for the City Manager and the City Attorney.
	Following some discussion of this matter, Mrs. Evans moved for adoption of the Memoranda of Understanding for the City Manager and the City Attorney, seconded by Mr. Dawkins and carried unanimously.
5.	Set Public Hearing for February 17, 1986, to consider paving assessments on Powell Street, Walter Reed Road, Sandhurst Drive.
	The City Engineer stated the foregoing streets are ready to be assessed after a public hearing. Assuming the Council will decide whether or not to offer discounts as a general policy for street paving, we suggest a public hearing on these assessments on February 17, 1986. The resolutions have been prepared for the usual assessment without discount and for the percent discount proposal. The assessment roll has been prepared and if the discount proposal is adopted, then the assessment roll will have that provision added as required by state statutes.
	Following brief discussion, Mr. Wofford offered motion for adoption of the resolutions, seconded by Mr. McBryde and carried unanimously.
	RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR PAVING AND OTHER IMPROVEMENTS ON POWELL STREET FROM TRADE STREET TO CUDE STREET. RESOLUTION NO. R1986-8.
	RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR PAVING AND OTHER IMPROVEMENTS ON WALTER REED ROAD FROM EXISTING PAVEMENT TO DEAD END. RESOLUTION NO. R1986-9.
	RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR PAVING AND OTHER IMPROVEMENTS ON SANDHURST DRIVE FROM EXISTING PAVEMENT TO WALTER REED ROAD. RESOLUTION NO. R1986-10.
6.	Discussion of Murray Hill Road traffic.
	The City Engineer presented this matter and stated that on November 4, council implemented a trial plan of establishing three stop intersections on Murray Hill on a 90-day basis. This department has received a few complaints, but more favorable comments than complaints. We have performed two traffic counts since the two signs were installed which showed that traffic volume has been reduced by approximately 25 percent. The stop sign project was implemented after instructions from Council to have a neighborhood meeting to see if the residents wanted to implement this measure as an attempt to control speeding. The neighborhood meeting was held and a large majority wanted the stop intersection proposal tried. We would recommend leaving the stop intersections in place for the full 90-day period which will be up February 4.  In the meantime, we will proceed with checking speed between the stop intersections and obtain another traffic volume count so we can give a better report on the effectiveness of the stop intersections. We would also recommend another neighborhood meeting or invite the residents to the Council meeting before the stop intersection project is abandoned.
	Mr. Wofford suggested that the Council let the trial run for the full 90 days
	Following some discussion, Mayor Hurley suggested having a public hearing on this matter at the next regular meeting of the Council.
7.	Consideration of request for amendment for feeder street plan. It was recommended to refer this matter to the Planning Board and Engineering Department.
	The City Engineer presented this matter and referred to his memo in the agenda packet. (A copy of this memo is on file with the original minutes of this meeting.) However, he suggested a thorough report by Engineering and Planning Staff and a report back to City Council. He stated the letter from Mr. Baer requested from modifications to the Thoroughfare Plan so as to relieve the Taylor property of some of the burden imposed on it by the Plan. The proposed feeder street through the Taylor property was adopted by the City Council in the December of 1977 after due process through the City Planning Board. The street plan through this area was developed for a number of reasons. He stated that it was used by industrial traffic coming into Fayetteville destined for the industrial property south of Clark Park (Texas Industries area) must travel complaints of truck traffic traveling those streets. The feeder street would provide a higher type street from which an access could be constructed across Southern Railway into this industrial site. The property development plan and the feeder street plan does create an impact for property owners in surrounding neighborhoods; therefore should be reviewed very carefully. We recommend referring the request by Mr. Baer to the Cumberland County Joint Planning Board and the Engineering Department for a complete study and review.
	Mayor Hurley recognized Attorney Ervin Baer in behalf of Bobby and Ed Taylor, the owners. Mr. Baer stated he had suggested that the Taylors use the property for other than a mobile home park if possible. He requested reconsideration by modification of the proposed Master Thoroughfare Plan.
	Following some discussion, Mr. Jones offered motion that we eliminate the entire proposed thoroughfare plan through the property, seconded by Mrs. Felton.
	Following some further discussion, Mr. Wofford offered substitute motion that we send this matter back for restudy by the Planning and Engineering Departments and that the Taylors be consulted concerning the matter and with the utmost haste possible, motion seconded by Mrs. Evans and carried unanimously. Mayor Hurley declared the original motion lost.
8.	Appointments:
A.	Appointment of Mrs. E. O. Chance as alternate member to Personnel Review Board.
	Mrs. Evans offered motion to appoint Mrs. Chance as an alternate member to the Personnel Review Board for a three-year term of office to run to December 10, 1988, seconded by Mrs. Felton and carried unanimously.
9.	Delegations or individuals wishing to address Council
	Mayor Hurley recognized Mr. Harry McLaughlin with a question and a problem on Hilton Drive.
	Mr. McLaughlin stated that his problem concerned developments in this area. He stated that 39 vacant lots had been served by water and sanitary sewer at the present time. He stated that some will not ever be served.
	Mr. McLaughlin stated that Hilton Drive is now being torn up. He stated that his property now will not be served by sewer or water. He stated that he had been before Council several times before concerning this matter and had received no satisfaction. He stated that he would like to have some answers concerning this immediately.
	The City Engineer stated that Hilton Drive was not dedicated and that construction was stopped by the developer. He stated that he could study the matter further and report back to Council with some detailed information.
	There were then further comments by Mr. McLaughlin concerning the matter and stated that he proposed to take legal action if necessary.
	Council requested the City Engineer to study the matter in detail and make a report at a later date and assured Mr. McLaughlin that they would do all they could to resolve his problem.
	Mayor Hurley then recognized Mr. Clinton Harris, a local citizen, who stated that he was at the ground breaking ceremony at the Bordeaux Library and had talked to Mr. Cliff Strassenburg and it was his understanding that sidewalks were to be installed. He asked the status of the situation and when the sidewalks would be installed.
	The City Engineer informed Council that funds for such sidewalks were not in the present budget. He stated that he would incorporate them in the new budget.
10.	Administrative Reports:
A.	Discussion of request from Wannie Coghill.
	He stated to Council that at the last meeting Mr. McBryde brought up Mr. Coghill's request for reconsideration of his zoning request. Mr. Coghill stated that he was unaware of the date of the Planning Board hearing and therefore did not attend. He was notified by mail 14 days after the hearing that his request had been denied, too late to appeal to the City Council. The Planning Board's records show a letter sent reminding him of the date of the hearing. The date of the hearing is also on the rezoning application. Nonetheless, it is certainly possible that Mr. Coghill was not familiar with the process and that the letter reminding him of the meeting was lost. Mr. Coghill made a request to Mr. Vaughn of the Planning Board for another hearing. That hearing was denied by the Board.
	Two other factors worthy of consideration were that 1) the Planning Staff recommended approving the rezoning and 2) an identical request on the adjoining piece of property is making its way to the Planning Board. City Council has two options:
	1) Take no action, in which case the matter is closed and cannot come up for another year, or 2) initiate a rezoning, which would start the process again.
	In light of the fact that the Council may want to consider the Planning Staff's recommendation as well as the Planning Board's, I recommend Option No. 2. I do not feel that Council will be setting a bad precedent if it feels that based upon the planning staff recommendation, the rezoning may have merit not simply because Mr. Coghill failed to receive a letter.
	Following brief discussion, Mr. Wofford offered motion that the Planning Board initiate a rezoning as proposed by the City Manager, seconded by Mr. McBryde and carried unanimously.
11.	Matters of Interest to Council:
	Mr. Jones extended thanks to the City Engineer for removing the eyesore on Green Street at Old Street.
	Mr. McBryde asked a question on parking on the Amtrak Station lot. He stated it was his understanding that patrons of the businesses on the south side of Hay Street were using the lot. The City Manager stated that he would meet with Sgt. Dalton of the Police Department on this matter.
	Mr. McBryde stated that the stop signs were down constantly on Murray Hill Road. He stated that it was his understanding that the Traffic Department of City Engineering could not be contacted on the weekends concerning this. He stated that it should be checked. The City Engineer stated that he had a constant problem with vandalism, but that he would attempt to correct the situation.
	Mr. McBryde requested that the traffic light be checked at the corner of Churchill Drive and Fort Bragg Road. He asked that the City Engineer check the setting on this light. He also stated that the setting on the light on Old Street be coordinated with the other lights on Old Street. The City Engineer acknowledged the request.
	Mr. Dawkins stated that he understood there were phone problems at PWC and asked if anything could be done. The City Manager stated he would pass this along to Mr. Tim Wood, PWC Manager.
	Mayor Hurley informed Council that there would be a planning meeting on Wednesday, January 29 at 5:30 p.m. in the Transit board room.
	Mayor Hurley stated that PWC wants a joint meeting with the Council and would meet at Council's convenience. A meeting was set with PWC for Wednesday, February 5 at 7:00 p.m. at PWC building.
	Mayor Hurley stated that he would be out of town next Monday, January 27, for the meeting, but that Mayor Pro Tem Dawkins would preside in his absence.
	Mayor Hurley then extended thanks to the Police Officer for being present this evening.
	The City Attorney informed Council that a copy of the new FCC regulation on satellite dishes had been received by him as yet. He stated that Council cannot take action next Monday night unless such regulation is received prior to that time.
	The City Attorney also informed Council that he is moving his offices from the Kyle House annex building on Thursday, January 23, to the Transit building on Hay Street.
	Mayor Hurley then informed Council that when this move takes place, the City Clerk will relocate from the Kyle House into the City Attorney's Office and the Public Relations Aide will move into the Clerk's Office.
	Mayor Hurley then stated he would entertain a motion for an executive session.
	Mrs. Felton then moved the Council enter into executive session for litigation, property, and attorney-client relationship, at 10:00 p.m., seconded by Mr. McBryde and carried unanimously.
	Mayor Hurley then adjourned the executive session and reconvened Council in regular session at 10:30 p.m. and adjourned the meeting upon motion made and duly seconded.
JANUARY 16, 1986
MEMORANDUM
TO:		The Mayor and Members of City Council
FROM:	John P. Smith, City Manager
SUBJECT:	Discounts on Assessments
	The following analysis is based on a $1,000 assessment at various discount rates compared to five annual installments paid at 8% interest, on the declining balance. It also assumes the City can earn an average of 8% on investments:
	1)	Five installments at 8% on declining balance = $1,160
	2)	If the installment payments are invested as received for five years the yield at 8% would be $1,343.
	3)	$700 (30% discount) at 8% for five years = $1,029.
	4)	$750 (25% discount) at 8% for five years = $1,103.
	5)	$800 (20% discount) at 8% for five years = $1,176.
	6)	$850 (15% discount) at 8% for five years = $1,250.
	7)	$900 (10% discount) at 8% for five years = $1,323.
	The break even point appears to be around a 10% discount. This will vary greatly depending upon the interest rate at which funds can be invested by the City. There are other policy questions that should be considered. First, does the City want to establish a discount that will encourage early payment? Second, what impact should the Guy Circle decision have on the policy for other assessments? The extent to which a discount will encourage early payment depends upon the interest rate at any given time that a person could earn on his money or would have to pay if he borrowed money.
	The second question is in my opinion a key policy question. I do not believe that Guy Circle is a unique situation. Often assessments are levied against the will of property owners, especially in a newly annexed ares. l believe that the City did either intentionally or unintentionally establish a policy in the Guy Circle assessment. I therefore recommend that the City maintain the 30% discount on assessments for a definite
INFORMATION MEETING
MONDAY, JANUARY 27, 1986
	INFORMATION MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, JANUARY 27, 1986
	7:00 P.M.
Present:	Mayor Pro Tem J. L. Dawkins
		Councilmembers Milton Wofford, Mildred Evans, Milo McBryde, Jimmie Jones, and Emaretta Felton
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
Absent:	Mayor Bill Hurley
	Mayor Pro Tem Dawkins, presiding in the absence of Mayor Hurley, called the meeting to order, City Attorney Cogswell offered the invocation.  Mayor Pro Tem Dawkins then led the assembly in the Pledge of Allegiance to the Flag.
	Mr. Dawkins stated that Mayor Hurley's father has had surgery and Mayor Hurley was excused from this meeting.
	Mr. Dawkins stated the City Attorney had requested an executive session for litigation at the end of this meeting.
1.	Continuation of public hearing on amendments to the zoning ordinance regarding satellite dishes. Recommended action was a public hearing.
	The City Attorney stated that he still had not received a copy of the FCC regulation. He stated he only had a summary. He stated that the regulation may cover more than t.v. antennas. He stated that he was anticipating receipt of the regulation within the next few days. He recommended that Council make no decision on this matter tonight.
	Mr. McBryde suggested that we wait for receipt of the regulation. Mrs. Evans suggested that Council hear anyone present tonight but continue the public hearing to a later date. Mr. Cogswell suggested a specific date and February 24 was decided upon.
	Mr. Dawkins asked if there were pro or con who wished to speak on this matter tonight, and those who were present stated they would wait until February 24.
	Mr. McBryde then offered motion to continue this public hearing to Monday, February 24, 1986, seconded by Mr. Wofford and carried unanimously.
2.	Consideration of Airport Use Agreement between City of Fayetteville and Atlantic Southeast Airlines, Inc. Approval was recommended.
	Airport Manager Tom Ray was recognized and stated this agreement was similar to the basic Piedmont and American Airlines agreement and recommended approval.
	Mr. Wofford offered motion for approval as recommended, seconded by Mrs. Evans and carried unanimously.
3.	Consideration of Corporate Hangar Lease Agreement between City of Fayetteville and GNS Company. Approval was recommended.
	Airport Manager Ray presented this matter and recommended approval.
	Mr. McBryde offered motion for approval as recommended, seconded by Mrs. Felton and carried unanimously.
	City Attorney Cogswell recommended adoption of the resolutions on the foregoing two matters.
	Mrs. Evans offered motion for adoption of the two resolutions, seconded by Mr. Jones and carried unanimously.
	RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY - ATLANTIC SOUTHEAST AIRLINES, INC. RESOLUTION NO. R1986-11.
	RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY - GNS COMPANY. RESOLUTION NO. R1986-12.
4.	Consideration of Amendment No. 1 to Grant Agreement FAA AIP 3-37-0021-06, (Terminal expansion baggage claim renovation). Approval was recommended.
	Airport Manager Ray presented this matter and stated that it provided for a cash draw down which provides for letter of credit payment provisions.
	Mrs. Evans offered motion for approval as recommended, seconded by Mrs. Felton and carried unanimously.
5.	Consideration of contract with Fayetteville Progress. It was recommended to authorize the City Manager to execute the agreement.
	The City Manager reviewed the provisions of the contract as provided in the agenda packet. He stated that Mr. Oliver of Fayetteville Progress had made a presentation concerning this at a recent meeting of the Council. He stated that Council had asked for preparation of this contract. He stated this has been done as provided in the agenda packet. He recommended that reports be sent to City Council on a quarterly basis. He stated under Paragraph 1, Funding, the City will fund the Agency in an amount not to exceed $30,000 during the City's 1985-1986 fiscal year and an amount not to exceed $30,000 during the City's 1986-1987 fiscal year, subject to appropriation.
	There was then a general discussion by City Council and following this, Mrs. Evans moved to authorize the City Manager to execute the agreement as recommended, seconded by Mr. Wofford and carried unanimously.
6.	Presentation on employee assistance program. Recommended action was for information.
	The City Manager introduced this item and stated it had been suggested by Mrs. Carol Parker of the Personnel Department. He stated that it was being presented for information only tonight.
	Mrs. Parker was recognized and presented the program. She offered several reasons for such a program. She, stated it covered the use of alcohol and drugs and of the cost involved for personnel, health care, hidden and additional costs to industry as. shown in the program in the packet.
	She commented on the threat to public safety. She provided additional statistics concerning the program. She stated that such a program would save money for the City and increase worker productivity. She provided examples as followed by other cities in the country. She stated that off-site locations would be preferable for counselling of employees under this proposed program. She stated that evaluation is vital to this program. She stated that $10,000 to $15,000 would be the approximate cost of the program start-up.
	Mrs. Evans asked questions on this start-up cost and Mrs. Parker provided an explanation. The City Manager also added that the cost depends on the caseload under the program.
	There was then a general discussion of the proposed program.
	Following this discussion, Mr. Wofford commended Mrs. Parker for her excellent presentation. He asked about the inclusion of a physical fitness program for the City employees under the program. Mrs. Parker replied in the affirmative that this could be done.
	Mr. Jones asked a question on family counselling under the program and stated that this also should be considered.
	Mayor Pro Tem Dawkins then extended thanks to Mrs. Parker for the presentation. The City Manager then offered additional comments concerning the program for Council's information.
7.	Presentation of a proposed burglar alarm ordinance. Recommended action was for information to the Council.
	The City Manager introduced this matter and stated that the information submitted is a portion of the information gathered by the Police Department regarding the problems with burglar alarms. The major problem is false alarms. Because of the complexity of the problem and the sensitivity, it has been difficult to come up with a final recommendation for an ordinance. Because of the serious nature of the problem and the sensitivity of any proposed solution, he stated he believed City Council's understanding of the issue and some direction from the City Council is necessary before proceeding further. He stated he was asking Chief of Police Ron Hansen to present the problems to you tonight, and hopefully out of your discussion, we can get some direction in drafting an ordinance.
	Mayor Pro Tem Dawkins recognized Chief Hansen who stated that the Police Department supports alarm systems but do not want to chase false alarms, which is both expensive and time-consuming. He gave statistics on false alarms. He requested City Council to consider a proposed ordinance.
	Mr. Wofford asked questions on the alarm board and the telephone system mentioned by Chief Hansen.
	Chief Hansen offered an explanation on the Holmes electric system and the telephone system and other types of systems. He reiterated that false alarms are a real problem.
	Mr. Wofford asked questions concerning bank systems and Mrs. Evans asked questions on the type of ordinance suggested.
	Chief Hansen suggested the possible removal of alarm systems from the Police Department. He stated that he had been working with the City Attorney on violations of the alarm system now in the Police Department.
	Mr. Wofford suggested a fee from those who connect to said system. There was general agreement among the Councilmembers with this suggestion.
	The City Manager suggested monitoring and a penalty for false alarms.
	Mr. Jones asked a question on alarms caused by short circuits. The City Manager stated that warnings would he issued.
	Mayor Pro Tem Dawkins asked if we want other input to the City Council concerning this, and Mr. Wofford stated that Mr. Wheeler and others were present in the audience.
	Mayor Pro Tem Dawkins then recognized anyone from the audience with comments.
	Mr. Jesse Watson, an alarm system company owner, was recognized with comments. He requested more active liaison with the Police Department. He stated there are codes and standards which must be followed. He suggested automatic cut-offs for home systems and stated that most companies will provide these.  He stated that faulty equipment is in most cases to blame for false alarms.  He asked, for example, how many false alarms are received from banks in the period of a year. He reiterated that he would like to have more liaison with the Police Department.
	Mayor Pro Tem Dawkins extended thanks to Mr. Watson for his remarks.
	Mayor Pro Tem Dawkins then recognized Mr. Luke Wheeler of Holmes Electric Company, who commented on monitoring alarm systems and on the cost for the use of present equipment by users and on the telephone system. He commented on the new digital alarm system. He stated we do not have a monopoly on this service and that anyone can bid. He agreed that there certainly is a problem with false alarms.
	Mr. Wofford asked if there are vacancies now on the alarm system and Mr. Wheeler replied in the affirmative.
	Mr. Wofford then suggested a meeting with the staff or the formation of a study group.
	Mr. Wheeler replied that he was working with the Police Department now and have a good relationship and that he will be glad to meet with them concerning this matter.
	Mr. Dawkins asked if there were any more suggestions from any one.
	Mr. Wofford stated we may need to look at licensing and Mrs. Evans suggested that we have the committee get together and study the problem. 
	Mayor Pro Tem Dawkins requested the City Manager to coordinate this.
	Mayor Pro Tem Dawkins then recognized Lt. Sam Pearson of the Police Department with comments on the report. Lt. Pearson also provided a number of statistics on false alarms and on the costs of such. Lt. Pearson stated the telephone lines are tied up by false alarms. He suggested fines for these. He stated the Police Department responds to the same false alarms all the time.
	Mayor Pro Tem Dawkins offered brief comments on what had been said.
	The City Manager stated that it was a serious problem and we will get back to City Council with suggestions and recommendations.
	Mr. Wofford asked if the Police Department still provides money escort service and the City Manager replied in the affirmative. Mr. Wofford suggested that we should look at a fee for this service.
	Mayor Pro Tem Dawkins then stated that we will look to hear from the City Manager with suggestions.
	Mayor Pro Tem Dawkins then extended thanks to everyone for coming this evening.
	On two housekeeping matters, the City Manager stated that packets provided to City Council this evening are for the Wednesday night meeting.
	On a second matter, the City Manager stated that he had received a letter from PWC Manager Tim Wood, who stated that several PWC members would be out of town on February 5, the proposed scheduled joint meeting date. He suggested to Council that a meeting date of February 19 be set for this joint meeting.
	Mayor Pro Tem Dawkins polled the Council and stated that this date would be agreeable and set it for 7:00 p.m. at the PWC conference room. Mr. Jones asked and was granted permission to be excused from this meeting.
	Mayor Pro Tem Dawkins then extended thanks to the Police Officer this evening.
	Mayor Pro Tem Dawkins then stated he would entertain a motion for an executive session for litigation, and Mr. McBryde so moved, seconded by Mr. Jones and carried unanimously at 8:30 p.m.
	Council reconvened into regular session and Mayor Pro Tem Dawkins adjourned the meeting.
REGULAR MEETING
MONDAY, FEBRUARY 3, 1986
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, FEBRUARY 3, 1986
	7:00 P.M.
Present:		Mayor Bill Hurley
			Councilmembers Milton Wofford, Mildred Evans, J. L. Dawkins, Milo McBryde, Jimmie Jones and Emaretta Felton
			John P. Smith, City Manager
			Roger L. Stancil, Assistant City Manager
			Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and issued a welcome to all. The invocation was offered by Councilwoman Emaretta Felton. Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley stated that City Attorney had requested an executive session for litigation at the end of this meeting.
	Fayetteville Youth Council members were not present.
	Presentation of service award pin to Anthony Maccy.  Mayor Hurley recognized Mr. Anthony Maccy of the Inspection Department who had completed 15 years of service to the City. Mayor Hurley stated that he had not received a service pin to present to Mr. Maccy and apologized for the slip up.  He commended him for his service and stated he hoped to receive the pin later this evening.
1.	Consent:
	Mr. McBryde offered motion to approve Consent Items A through I as presented, seconded by Mr. Wofford and carried unanimously.
	The Consent Items appear below.
A.	Approval of minutes of special meeting of December 19, 1985.
B.	Approval of minutes of regular meeting of January 20, 1986.
C. 	Set public hearing for March 3, 1986, to consider assessment for the paving of the following streets:
	1.	Myrover Street from Hay Street to Branson Street
	2.	Post Avenue from Broadview Drive to Myrtle Drive
	RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR PAVING AND OTHER IMPROVEMENTS ON MYROVER STREET FROM HAY STREET TO BRANSON STREET. RESOLUTION NO. R1986-13.
	RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR PAVING AND OTHER IMPROVEMENTS ON POST AVENUE FROM BROADVIEW DRIVE TO MYRTLE DRIVE. RESOLUTION NO. R1986-14.
D.	Approval of resolution setting a Public Hearing for March 3, 1986, for ordering the paving without petition of Poe Street from Southern Avenue to Dead End.
	PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF POE STREET FROM SOUTHERN AVENUE TO DEAD END. RESOLUTION NO. R1986-15.
E.	Approval of request for a refund of City taxes to Betty Jo Caid in the amount of $33.06.
F.	Approval of request for a refund of City taxes to James Clifton Walters in the amount of $227.71.
G.	Approval of request for a refund of City taxes to Lorraine Zahran Peterson in the amount of $19.82.
H.	Approval of request for a refund of City taxes to North Carolina National Bank in the amount of $1,201.71.
I.	Approval of request for a refund of City taxes to Joyce Ann Tidrick in the amount of $46.80.
	This completed the Consent Items.
2.	Public Hearings:
A.	Consideration of 3 and 4 way stops on Murray Hill Road. It was recommended to continue 3 and 4 way stops.
	The City Engineer presented this matter and stated that a complete study had been made of this area as presented in his memo in the agenda packet. He stated there were more residents in favor of retaining the signs than not. He stated that a reduction in speed and vehicular traffic has resulted. He stated they believe the benefits out weigh the inconvenience and recommended allowing the 3 and 4 way stops signs to remain. Mayor Hurley asked if there were those in favor and Mr. David Lang of 1416 Brightwood Drive was recognized in favor of the signs and stated they had resulted in a reduction of speed of traffic in the area.
	Mr. Matthew Smith of 3101 Hyman Place was recognized in favor of the signs and stated that this is now a safer street. He read a letter from the residents requesting retaining the signs and presented a petition to the Mayor.
	Mr. R. B. Goforth of 325 Murray Hill Road was recognized in favor of retaining the signs and stated he had noticed a remarkable reduction in speed of vehicles.
	Mr. Keith Stewart, 312 Murray Hill Road, was recognized in favor of retaining the signs and stated there was reduction in noise as well as vehicular speed.
	There were no opponents present.
	Mr. Dawkins offered comments from the City Engineer's memo and the City Engineer made oral corrections to some minor errors in the memo.
	Following brief discussion, Mrs. Evans offered motion to follow the recommendation of the City Engineer and retain the present signs, seconded by Mr. Dawkins.
	Mr. Wofford suggested placing the signs in concrete.
	Mayor Hurley recognized Mr. Steve Godwin who asked that Council continue to monitor the area and that a traffic light be installed at the McPherson Church Road-Murray Hill Road intersection.
	Mayor Hurley then called for a vote on the motion and it carried unanimously.
	Mayor Hurley then presented an All America pin to Mr. Anthony Maccy in lieu of the service award pin, which he stated he would receive later.
B.	Consideration of the rezoning from RIO Residential District to R6 Residential District for an area located at 2004 Morganton Road. Planning Board recommended approval.
	Planner Al Mitchell presented this matter and offered detailed comments and stated that three, four and five units could be placed on this lot.
	Mr. Harold Cohen, 2108 Morganton Road, the petitioner, was recognized and stated he was the owner of the property adjacent to this site and that he wished to purchase this property and zone it R6. He offered additional comments and concluded by stating that members of Beth Israel Synagogue needed housing and this will provide this need.
	Mr. Cohen indicated that he was not planning to do anything right now, but at a later date, the house would be demolished and he would put up a couple of Williamsburg homes.
	Mr. Clyde Barringer, 2009 Morganton Road, was recognized in opposition to additional multiple-family units in the area.
	Mrs. G. W. Smith, 2001 Morganton Road and owner of 2003 Morganton Road, was recognized in opposition to additional apartment complexes in the area, She stated we had three such complexes already. Also, the additional traffic would be a hazard. Twelve persons stood in opposition to the rezoning.
	Mr. Dawkins offered comments that the City Council zones and rezones property and not people.
	Following some discussion, Mr. Dawkins offered motion to deny the request and leave the area RIO, seconded by Mr. McBryde.
	Mrs. Evans offered comments in favor of the rezoning.
	Mr. Wofford commented on the issue as did Mr. Jones.
	Following this, Mayor Hurley called for a vote on the motion and it carried, Mrs. Evans voting no.
C.	Consideration of the rezoning from R5 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located on the east side or “B” Street On both sides of Minor Street. Planning Board recommended denial.
	Planner Al Mitchell presented this matter and stated that the Planning Staff recommends denial of the requested zoning based on the fact that the US 301/Eastern Boulevard Corridor Plan, adopted in June, 1981, calls for this area to be developed as medium density residential.
	Mr. Wofford asked for a review of this matter and Mr. Mitchell displayed a map of the original smaller area, which had been before Council previously.
	Mr. Jim Anderson was recognized stating that he represented the petitioners of this property. He stated that the Fayetteville Immanuel Holiness Church had sent him a letter indicating the Deacon Board of the Church approved this rezoning request. The only two people who were not in favor were two elderly people who were afraid that their property would be sold-out from under them. Mr. Anderson stated he had asked the Planning Board to defer this case until April. He stated that a large area had already been zoned commercial.
	There was no opposition present.
	Mrs. Evans offered motion to follow the recommendation of the Planning Board and deny this rezoning, seconded by Mr. Jones.
	Following come further discussion, Mr. Wofford offered substitute motion to defer action on this matter to April, seconded by Mr. McBryde. Mayor Hurley then called far a vote on the motion and it was as follows: For - Councilmembers McBryde, Jones, Wofford and Felton. Against - Mayor Hurley and Councilmembers Dawkins and Evans. Mayor Hurley declared the motion carried and the matter deferred to April.
	Planner Mitchell asked if this was to come back before Council on April 21 and the Mayor replied in the affirmative.
3.	Public Works Commission Matters:
A.	Approval of bid awards for purchase of chemicals for water and wastewater treatment for calendar year 1986. PWC recommended award to the low bidders.
	Mr. Tim Wood presented this matter and informed Council of the bidders. (A copy of this information is on file with the original of these minutes.) Following brief discussion, Mrs. Evans offered motion to follow the recommendation of PWC and award the bids as recommended, seconded by Mrs. Felton and carried unanimously.
	Mr. Dawkins asked Mr. Wood about the problem with PWC telephone service. Mr. Wood stated the problem is with the number of people that have to be handled and with their inquiries. He stated they were aware of the problem and are attempting to solve it.
B.	Approval of bid award to Mill-Power Supply Company for purchase of cable as follows:
	1.	100,000 feet of 1/C-l/0 Solid 3/4 Hard Drawn Aluminum Conductor, 260 Mil, EPR Full Neutral Jacketed - $125,500.00.
	2.	100,00 feet of 1/C-750 MCM 3/4 Hard Drawn Aluminum Conductor, 260 Mil, EPR Power Cable - $305,100.00. PWC recommends award to Mill-Power Supply, the low bidder.
	Mr. Wood also presented this mater and requested approval. (A copy of the information is on file with the original of these minutes.)
	Mr. McBryde offered motion to approve the low bidder as recommended, seconded by Mr. Jones and carried unanimously.
	Mr. Jones asked Mr. Wood about the use of aluminum cable versus copper, and Mr. Wood provided Mr. Jones with some information concerning this.
	Mayor Hurley asked Mr. Wood about the resurfacing of the 400 block of Hay Street where it had been torn up for the installation of a water main.  He stated that it was like a wash board. Mr. Wood replied that they were working on this problem.
	Mr. Jones asked Mr. Wood concerning all overhead cable in the downtown area. Mr. Wood replied that underground cable is expensive to install bit that they are studying the question.
4.	Consideration of Ray Avenue contracts. It was recommended to award the contracts to the low bidders.
	The City Engineer stated that the low bidder on street construction was Cumberland Paving Company in the amount of $441,215.40 and on the landscape work, Greenscape, Inc. in the amount of $34,073.57.
	The contracts are for fixed unit prices of the various construction items with the quantities estimated; therefore, the final contract price may vary slightly from the bid amount. We recommend award of the contract to Cumberland Paving Company and Greenscape, Inc. as stated. The contract calls for completion of the work by July 31, 1986.
	Following brief discussion, Mr. Dawkins offered motion to approve the low bids as recommended, seconded by Mrs. Felton and carried unanimously.
5.	Consideration of bide received for the sale of surplus jointly-owned city-county property:
A.	Adoption of the resolutions authorizing the sale of the following tracts are recommended:
	1.	Lot 55-S/W corner of Courtney Street and Osceola Drive. 2. Tract located at the N/W corner of Chance and Mechanic Streets. 3. Tract located on the west side of Mechanic Street. Parcel 7822/V/5. Adoption of the resolutions was recommended.
B.	Bids were received on the following surplus tracts of jointly City-County owned land, but acceptance of these bids is not recommended per the memorandum enclosed in the agenda packet:
	1.	Tract located on south side of Turnpike Road. 2. Tract located on the west side of Mechanic Street. Parcel No. 7822/V/18. It was recommended to reject these bids and authorize readvertisement.
	Following brief discussion, Mr. McBryde offered motion to approve Items 1, 2 and 3 under A. (Adopt resolutions) and under Item B, reject and authorize readvertisement as recommended, seconded by Mrs. Evans and carried unanimously.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY - LOT 55, ROSEHILL ROAD SUBDIVISION. RESOLUTION NO. R1986-16.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY - VACANT LOT NORTHWEST CORNER OF CHANCE AND MECHANIC STREETS. RESOLUTION NO. R1986-17.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY - VACANT LOT 619 MECHANIC STREET. RESOLUTION NO. R1986-18.
6.	Consideration of award of design of Savoy Heights Park.  Recreation and Parks Advisory Commission recommended award to Sears Design Group.
	The City Manager reading from the memo in the agenda packet stated that the Recreation Department had received five proposals in response to our request for design services for the Savoy Heights site improvement project. As you know this project has been allocated $100,000 from the CDBG Program.
	After appropriate review and evaluation, the Recreation and Parks Advisory Commission on January 20, 1986, selected Sears Design Group and unanimously recommended that they be awarded the design contract for the Savoy Heights project.  Following brief discussion, Mrs. Evans offered motion to make the award as recommended, seconded by Mr. Dawkins.
	There was then some discussion of the matter.
	Parks Director Jack C. Wilson was recognized and presented information on the bids received.
	Following this, Mayor Hurley called for a vote on the motion and it carried unanimously.
7.	Consideration of approval of sale of approximately one acre of property at the intersection of Buxton Boulevard, Sessoms Street and Montgomery Street (major portions of Plats 44-53, Plat Book 10, Page 51, Cumberland County Registry) to Western Assembly Disciples of Christ for the sum of $8,200. Approval was recommended.
	The City Attorney presented this matter and stated that it had been advertised for a minimum bid and that no additional bids were received.  He stated he would prepare a resolution on this matter. The memo in the agenda packet from Community Development Department stated the Western Assembly Disciples of Christ Church made an offer of $8,200 for the land located on Buxton Boulevard. The re-use value was approved by the Fayetteville it Redevelopment Commission on November 19, 1985, and recommended sale of the property.
	Following brief discussion, Mr. Jones offered motion for approval as recommended, seconded by Mr. Wofford and carried unanimously.
8.	Consideration of correction to Election District Boundary map. Approval was recommended.
	The City Manager stated we have recently discovered that there were some slight discrepancies between the data sheets and map submitted to the Justice Department. We have talked with Mr. Giacomini in Atlanta, who did the map work and Mr. Wilson, who has been dealing with the Justice Department. It appears that these errors were made when the consultant copied the lines from the small detailed maps to the large City map for adoption.
	Mr. Wilson has contacted the Justice Department, explained the discrepancies and told them that the error was made by the consultant and not by the City.  The Justice Department has assured him that since their review is based on the population figures and not the map that correcting the map will not delay their review.
	Since a map was approved by the City Council, it takes Council action to correct it. None of the population figures will be affected, as they were based on the correct map.  The map submitted show where the errors were made. A simple majority vote of City Council is all that is necessary to correct the previously adopted map.
	Mr. Wofford offered motion for approval of this matter, seconded by Mr. Dawkins and carried unanimously.
	Mr. Clinton Harris, a local citizen, requested to see the changes and he stated he may do so.
9.	Consideration of the Prince Charles Development matters:
A.	Consideration of the resolution of the City of Fayetteville approving tee application for allocation for private activity bond for the Historic Railroad Station Development in the City of Fayetteville Central Business District Redevelopment Area.
B.	Consideration of the resolution of the City of Fayetteville approving the application for allocation for private activity bond for the renovation of the new construction of the Prince Charles Hotel facilities in the City of Fayetteville central Business District Redevelopment Area.
C.	Consideration of the resolution of the City of Fayetteville approving the application for allocation for private activity bond for new construction for an office building in the City of Fayetteville Central Business District Redevelopment Area. Adoption of the resolutions was recommended.
	The City Manager presented this matter and stated that Mr. John Schwarz has requested that the City Council go ahead and request a reservation of funds sufficient to finance the Hay Street Complex he is proposing.
	The State can allow issuance of only limited annual amount of these development bonds, and they have generally been allocated on a first come, first serve basis. Since Mr. Schwarz hopes that an acceptable package can be put together in the next few weeks, he has asked us to take the initial step of reserving a bond allocation for a target closing date of April 30.
	Under State procedures, the resolutions which the Council passed in November were good for 1985 only. The enclosed resolutions are the same except that the allocation requested will be for 1986.
	Mr. Wofford offered motion for approval and for adoption of the resolutions, seconded by Mr. Dawkins and carried unanimously.
	RESOLUTION OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, APPROVING THE APPLICATION FOR ALLOCATION FOR PRIVATE ACTIVITY BOND AND GIVING PRELIMINARY APPROVAL TO A FINANCING PLAN FOR THE HISTORIC RAILROAD STATION DEVELOPMENT IN THE CITY OF FAYETTEVILLE CENTRAL BUSINESS DISTRICT REDEVELOPMENT AREA; INDICATING INTENT TO APPROVE THE ISSUANCE OF UP TO $10,000,000 OF URBAN REDEVELOPMENT REVENUE BONDS; AND TAKING OTHER PRELIMINARY ACTIONS. RESOLUTION NO. R1986-19.
	RESOLUTION OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, APPROVING THE APPLICATION FOR ALLOCATION FOR PRIVATE ACTIVITY BOND AND GIVING PRELIMINARY APPROVAL TO A FINANCING PLAN FOR THE RENOVATION AND NEW CONSTRUCTION OF THE PRINCE CHARLES HOTEL FACILITIES IN THE CITY OF FAYETTEVILLE CENTRAL BUSINESS DISTRICT REDEVELOPMENT AREA; INDICATING INTENT TO APPROVE THE ISSUANCE OF UP TO $10,000,000 OF URBAN REDEVELOPMENT REVENUE BONDS; AND TAKING OTHER PRELIMINARY ACTIONS. RESOLUTION NO. R1986-20.
	RESOLUTION OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, APPROVING THE APPLICATION FOR ALLOCATION FOR PRIVATE ACTIVITY BOND AND GIVING PRELIMINARY APPROVAL TO A FINANCING PLAN FOR NEW CONSTRUCTION OF AN OFFICE BUILDING IN THE CITY OF FAYETTEVILLE CENTRAL BUSINESS DISTRICT REDEVELOPMENT AREA; INDICATING INTENT TO APPROVE THE ISSUANCE OF UP TO $6,560,000 OF URBAN REDEVELOPMENT REVENUE BONDS; AND TAKING OTHER PRELIMINARY ACTIONS. RESOLUTION NO. R1986-21.
10.	Delegations or individuals wishing to address council. There were none.
11.	Administrative Reports:
A.	Statement of tax collection for the month of December, 1985. The City Manager requested that the minutes reflect receipt of this report and the Clerk was so directed.
12.	Matters of Interest to the Council:
	Mr. McBryde requested that a date be set for a meeting of the Policy Committee on Sidewalks. Mrs. Evans suggested also that residential speed limits be considered at this same fleeting, and Mr. McBryde agreed. Following brief discussion, the meeting was set for Tuesday, February 11, 7:00 p.m. in the Kyle House Conference Room.
	Mr. Jones stated he had received complaints from the downtown merchants on street blockage in the downtown area. The City Engineer stated this was caused by the work being done on the railroad crossings on Russell Street and Franklin Street and will be completed as soon as possible. It was stated that Friday afternoon's problem was caused by a railroad train striking an automobile at the Winslow Street crossing. It was stated that often slow freight trains caused a vehicular blockage problem in the downtown area also, There was then a discussion of an ordinance of the blockage of the downtown streets by trains.
	Mayor Hurley stated that at the present time the City is hosting the North Carolina Police Chiefs. He stated they were welcomed to the City this morning.
	Mayor Hurley presented a sample of a public hearing form by the City of Durham and suggested that Council study it. This was discussed for several moments.
	Mayor Hurley then extended thanks to the Police Officer for being present this evening.
	Mayor Hurley then stated he would entertain a motion for an executive session, and Mr. McBryde moved for such executive session for litigation at 8:30 pm., seconded by Mr. Dawkins and carried unanimously.
	Mayor Hurley adjourned the executive session, reconvened the Council into regular session and called on the City Attorney who presented the following:
	1.	Recommend settlement of condemnation of southwest corner of Campbell Avenue and Dick Street defendants Harold D. Holmes and wife for 1,808 square feet at $3,650. plus pro ration of 1985 taxes on 1,808 square feet.
	2.	Recommend authorization to employ Phillip Van Hoy in case of Pirro vs. City of Fayetteville at $75.00 per hour plus expenses under the usual arrangement.
	Mr. Dawkins moved for approval of the foregoing as recommended by the City Attorney, seconded by Mr. Jones and carried unanimously.
	Mayor Hurley then adjourned the meeting upon motion made and duly seconded.
SPECIAL MEETING
TUESDAY, FEBRUARY 11, 1986
	FAYETTEVILLE CITY COUNCIL
	SPECIAL MEETING
	KYLE HOUSE CONFERENCE ROOM
	TUESDAY, FEBRUARY 11, 1986
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Mildred Evans, J. L. Dawkins, Milo McBryde and Emaretta Felton
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
Absent:	Councilmember Jimmie Jones
	Mayor Hurley called the meeting to order. Councilmember Dawkins gave the invocation.
	Mayor Hurley recognized City Attorney Cogswell who briefed the Council of the status of the upcoming election. According to the election schedule nominated by the General Assembly, filing for office would begin Friday, February 14. Conversations with the U.S. Department of Justice indicate they consider March 28 as the deadline for a response to the City concerning preclearance of the election plan. The Justice Department has indicated that they will attempt to respond to City by February 28. City Attorney Cogswell reported that he had set with the County Board of Elections on February 11 and that the Board of Elections took action not to let anyone file for office until preclearance is received by the City of Fayetteville from the Department of justice.
	There being no further business, Mayor Hurley adjourned the meeting.
REGULAR MEETING
MONDAY, FEBRUARY 17, 1986
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, FEBRUARY 17, 1986
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Mildred Evans, J. L. Dawkins, Milo McBryde, Jimmie Jones, and Emaretta Felton.
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order at 7:00 p.m. and introduced Reverend Jim Reynolds, Minister of Education, First Baptist Church, who offered the invocation. Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley then recognized Mr. Dan Stout, of the Eutaw Shopping Center, and presented him and the Shopping Center with & Resolution and Certificate of Appreciation for working on the projects to improve the looks of the City in that area.
	Mayor Hurley stated that the City Manager had requested an executive session for litigation and land transaction at the end of this meeting.
	Councilmember McBryde stated that because of his brother-in-law, Ed Grannis' connection with Item 3A, he would like to have the City Attorney clarify whether or not he had a conflict of interest. Mr. Cogswell stated that after discussing this with Mr. Grannis and Councilmember McBryde and further review of the situation, it was his opinion that under the State law and the City Ordinances there is no conflict of interest.
1.	Consent:
	Councilmember Dawkins offered motion to approve consent Items A through J as presented, seconded by Councilmember McBryde and carried unanimously.
	The consent items appear below.
A.	Approval of minutes of regular meeting of February 3, 1986.
B.	Approval of minutes of special meeting of February 11, 1986.
C.	Award of contract for purchase of structural steel for Fenix and FTI Substations to Hesco, Inc., the low bidder. (PWC)
D.	Award of contract for purchase of one 28,000 lb. GVW Truck, cab and chassis to LaFayette Motor Sales, the low bidder. (PWC)
E.	Award of contract for purchase of one 28,000 lb. GVW Truck with utility goody to LaFayette Motor Sales, the low bidder. (PWC)
F.	Award of contract for 12" water main extension along Sycamore Dairy Road and Connector to Blue Construction, Inc., the low bidder. (PWC)
G.	Award of contract for purchase of two 8,600 lb. GVW Pickup Trucks with utility body to LaFayette Motor Sales, the low bidder. (PWC)
H.	Authorize advertisement of Airport Use Agreement between the City of Fayetteville and Fayetteville Aerial Advertisement (aerial advertisement by towing banners).
I.	Set Public Hearing for March 17, 1986, to consider the rezoning from R10 Residential District and C1 Local Business District to R5A Residential District or to a more restrictive zoning classification for an area located on the south side of Raeford Road, east of Hunter Street.
J.	Approval of the rezoning from R5 Residential District to M2 Industrial district or to a more restrictive zoning classification for an area located at 414 Alfalfa Street.
2.	Public Hearings:
A.	Consideration of paving assessment on Powell Street. The City Engineer presented this matter and stated that a new assessment roll has been prepared which omits two parcels from a paving assessment due to an appraise that had been obtained which shows no increase to value to these two parcels. This appraisal was at the request of Council. The remainder of the properties abutting Powell Street are listed on the assessment roll with the standard $4.00 per foot assessment. Mr. Bennett also stated that he had received a letter today from Mrs. Margaret Buck in opposition to the paving assessment, but she had filed the petition to get the street paved.
	There were no representatives in favor.
	Ms. Susie McKee, a three-year resident, appeared in opposition due to the senior citizen population on that street, and other streets in that area were paved without charging.
	Mrs. Margaret Bucy, a senior citizen area resident, also appeared in opposition due to living on a fixed income. She stated she signed the petition but didn't realize there would be a charge for paving. She also stated that other streets in that area had been paved without charges.
	Councilmember Dawkins asked the City Engineer what the approximate cost to the City taxpayers of a foot of paving this street. He reminded everyone that there was only $4.00 per foot charged to the residents. Mr. Bennett responded that it was approximately $50.00 per linear foot charged to the City taxpayers.
	Councilmember Wofford offered motion to adopt the resolution as recommended, seconded by Councilmember Dawkins and carried at 7:15 p.m. with Councilmember Jones voting no.
	A RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS ON POWELL STREET FROM TRADE TO CUDE STREETS. RESOLUTION NO. R1986-22.
	Councilmember Dawkins wanted to clarify that there were some streets that qualified under the Community Development funds without assessments in that area. Citizens are paying approximately 80 to 85 percent of the cost and residents are only paying approximately 8 percent of the cost.
B.	Consideration of paving assessment on Walter Reed Road. Mr. Bennett presented this item. He stated that the Walter Reed Road was paved pursuant to petition from the property owners and all property owners heave been notified of this public hearing. The cost per foot was approximately $54.00. The property owners will be assessed $4.00 per foot.
	There were no proponents or opponents present.
	Councilmember Dawkins offered motion to adopt the resolution, seconded by Councilmember McBryde and carried unanimously at 7:16 p.m.
	A RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS ON WALTER REED ROAD FROM EXISTING PAVEMENT TO DEAD END. RESOLUTION NO. R1986-23.
C.	Consideration of paving assessment on Sandhurst Drive. This matter was presented by Mr. Bennett. He stated that the property owners were notified of the public hearing. The cost of the paving per foot was $60.56. The reason for this increase in cost was the fact that there was some extensive drainage to be put in this street. The property owners will be assessed $4.00 per foot.
	There were no proponents or opponents present.
	Councilmember McBryde offered motion to adopt the resolution, seconded by Councilmember Evans and carried unanimously at 7:18 p.m.
	A RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS ON SANDHURST DRIVE FROM EXISTING PAVEMENT TO WALTER REED ROAD. RESOLUTION NO. R1986-24.
3.	Planning Board Matters:
A.	Consideration of Pinecrest Place in an R15 Residential District for preliminary and final zero lot line subdivision review for an area located on the south side of Parkview Avenue, on both sides of Pinecrest Drive.
	Mayor Hurley explained that the reason this matter drew so much attention because if the construction is done as it is so designed, then it would perhaps do away with the proposed Thoroughfare Plan that has been on the books since 1962. This Thoroughfare Plan simply means that if and when the need is there and if the City has the funds, then they would construct the completion of Pinecrest Drive through to Raeford Road after a Public Hearing.
	This matter was presented by Al Mitchell. He stated that the Planning Board has recommended approval of the plan, as submitted by the developer, with conditions as contained in the packet of materials.
	Mr. Smith stated that if the Council were to adopt the Planning Board's recommendation, they would have be removing the Pinecrest Drive extension from the City Thoroughfare Plan. He further stated that one of the reasons we have a Thoroughfare Plan is so that as subdivisions are developed these streets are added in accordance with that plan.
	Councilmember Wofford offered motion to submit the proposal back to the Planning Board and Transportation Advisory Committee to look the situation over again, have a Public Hearing and bring it back to Council. Councilmember Evans seconded the motion.
	Councilmember McBryde offered a substitute motion to proceed with the matter tonight, seconded by Councilmember Jones and carried with Mayor Hurley and Councilmembers Evans and Wofford voting no.
	Councilmember Dawkins offered a motion to approve as recommended by the Planning Board, seconded by Councilmember McBryde and carried with Councilmember Evans voting no.
4.	Consideration of Police weapon exchange. This item was presented by Mr. Smith in Mr. McGugan's absence. Councilmember Wofford offered motion to award the contract to the National Police Supply as recommended by the Administration, seconded by Councilmember Evans and carried unanimously.
	Councilmember Dawkins asked to recognize his wife, Mary Ann, and daughter, Dawn, present in the audience tonight.
	At this time, Mayor Hurley asked permission of Council to recognize David Gilchrest to speak on a problem he has concerning the Sanitation Department. Mr. Gilchrest stated that he had recently moved to a new location in the City and had called for the Sanitation Department to pick up leaves at the edge of the yard that had been raked up. He stated that the Sanitation crew removed a television set from his yard instead of taking any of the leaves and that the TV was still in working order. He further stated that he felt the Sanitation department should not have picked up the TV. Council asked the staff to respond to Mr. Gilchrest's statement. The City Attorney stated that the Sanitation crews statements were different from Mr. Gilchrest's, and he does not feel the crew was negligent in anyway. They did not have the truck that picks up leaves, and it is routine to pick up any other items that appear to be trash so that another trip would not have to be made for those items. Mr. Cogswell further stated that if this matter were to go to court, that would be the position he would take and he does not feel we should pay at this time.
5.	Consideration of bid received for purchase of one Water/Foam Aircraft Fire and Rescue Vehicle. The City Manager stated that these are also subject to FAA approval. It is staff's recommendation, and in concurrence with FAA, that the low bid not be considered a responsible bid in that it did not meet specifications. It is recommended that it be awarded to the next low bid. FAA is paying 90 percent of the purchase.
	Councilmember Dawkins asked the City Attorney to verify that this is in order and should present no problem. Mr. Cogswell responded that the only problem they had was with the warranty and our consultant indicated that they see no problems with it.
	Councilmember Evans offered motion, seconded by Councilmember Felton and carried unanimously to award the contract to Emergency One, Inc,, as recommended.
6.	Presentation of City of Fayetteville Financial Statement. The City Manager presented this matter. He distributed copies of budget and actual figures on General Operating Fund, Transit Operating Fund, and Airport Operating Fund. Also an analysis of fund balances as of the June 30, 1985, General Fund and Insurance Fund.
	Charlie Johnson from the audit company was present to answer any questions Council made.
	There was some discussion regarding the report being late again from Finance. The auditor stated that the report is done in-house and if their firm could do the report as in the past, he feels that it might be in to the Council sooner. Mr. Smith stated that most of the delays were due to so many manual entries having to be made. Hopefully, with the new computerization, all reports will be completed sooner. Mr. Smith will also check into the cost between in-house and the audit firm doing the work, to see which would be more feasible. This matter was tabled until the report can he finalized.
7.	Consideration of supplemental Agreement Number 10 between the City of Fayetteville and Wilbur Smith and Associates to authorize Wilbur Smith and Associates to complete a new Airport Master Plan.
	Councilmember Wofford offered motion, seconded by Councilmember McBryde, to approve the above action as recommended. The motion carried unanimously.
8.	Consideration of request for a loading zone at 116 Old Street, “Flowers by Curtis.” Councilmember Wofford offered motion to approve as recommended, seconded by Councilmember Jones and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1986-2.
9.	Consideration of policy regarding flashing lights at school zones. Mrs. C. D. Kennedy, Crossing Guard for the schools, was recognized and gave an appeal for this to be done. There was lengthy discussion.
	Councilmember Evans offered motion to adopt the policy for schools to buy the lights and the City to maintain on City streets and have the City engineer contact the schools to notify them of the new policy. Councilmember McBryde seconded and the motion carried unanimously.
10.	Consideration of establishing a school zone speed limit of 25 MPH on Village Drive abutting St. Patrick's School.
	Councilmember McBryde offered motion to adopt the ordinance, seconded by Councilmember Jones and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1986-3.
11.	Consideration of an ordinance establishing a deposit for street closings.
	Councilmember Wofford moved to adopt the ordinance, seconded by Councilmember McBryde and carried unanimously.
	AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, CONCERNING THE ESTABLISHMENT OF A DEPOSIT FOR STREET CLOSINGS. ORDINANCE NO. S1986-1.
	All foregoing ordinances are filed in the Ordinance books in the office of the City Clerk.
12.	Consideration of a report and resolution from the Cumberland County Governmental Association concerning a proposal for increased revenue for highways and streets. The City Engineer presented this matter and recommended adoption.
	Councilmember Evans offered motion to adopt the resolution to approve as Councilmembers McBryde and Jones voting no.
	A RESOLUTION IN SUPPORT OF INCREASED REVENUE FOR HIGHWAYS AND STREETS. RESOLUTION NO. R1986-25.
13.	Consideration of amendment to Chapter 28 of the Fayetteville City Code regarding “Taxicabs.” Assistant City Manager, Roger Stancil, presented this and stated that there were two changes to be made in this ordInance as presented. Under Section 2, SectIon 28-44, to delete the words “approved by the City Manager and kept on file in the Taxicab Inspector's Office” to read “as required by this ordinance.” And in Section 4, Section 28-46(a), delete the words: “approved by City Manager and kept on file in the Taxicab Inspector's office” and add “as required by this ordinance.”
	Following brief discussion, Councilmember Wofford offered motion, seconded by Councilmember McBryde, to adopt the first reading of the ordinance with the changes as recommended. It carried unanimously.
14.	Consideration of Interlocal Agreement between City of Fayetteville and Cumberland County Schools concerning joint use of school facilities.
	Councilmember Wofford offered motion to approve the Interlocal Agreement as recommended, seconded by Councilmember Dawkins and carried unanimously.
15.	Appointments:
A.	Nominations to fill one vacancy on the Taxicab Review Board. Councilmember McBryde nominated Mr. Robert Hinton of the Big Four Taxi Company.
16.	Delegations or individuals wishing to address Council.
   Mr. Clinton Harris appeared before Council with his concerns regarding the sidewalk at the Bordeaux Library.
17.	Administrative Reports:
A.	Statement of taxes collected for the month of January, 1986. The City Manager presented the statement of taxes collected for the month January, 1986.
B.	Mr. Smith reminded Council of the regular information meeting on February 24, 1986, at 7:00 p.m. in the City Hall Council Chamber.
	There was also a reminder of a PWC/Council meeting at 7:00 p.m. on February 19, 1986, at the PWC building.
18.	Matters of Interest to Council
	Councilmember Evans asked if there was any progress being made on the Cablevision issue. Mr. Smith responded that they are in negotiation so he cannot discuss the matter, however, progress is being made.
	Mayor Hurley welcomed Tom Krishner, Fayetteville Times. He also acknowledged Amie Pantzer's birthday. The Mayor stated that the Ordinance Committee did meet and will meet again next week. He thanked the Police Officer for being present at the meeting tonight.
	Coununcilmember McBryde offered motion, seconded by Councilmember Dawkins, to go into executive session for land transaction and litigation at 9:30 p.m. They reconvened at 1000 p.m. into regular session and Councilmember Evans offered motion to adjourn Councilmember McBryde seconded and it carried unanimously.
INFORMATION MEETING
MONDAY, FEBRUARY 24, 1986
	INFORMATION MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, FEBRUARY 24, 1986
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Milton Wofford, J. L. Dawkins, Milo McBryde, Jimmie Jones and Emaretta Felton
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr. City Attorney
Absent:	Councilwoman Mildred Evans
	Mayor Hurley called the meeting to order and issued a welcome to all present. Mayor Hurley stated that Mrs. Evans is out of town and requested that she be excused from this meeting and this was approved by Council. The Invocation was offered by Councilman Jones. Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
1.	Public Hearing on Proposed Ordinance Amendments regarding Satellite Dishes
	The City Attorney was recognized and gave a brief explanation from his memo in the agenda packet.
	Attorney Mack Tyson was recognized for a revised ordinance and distributed a copy of a proposed ordinance for his clients Mr. and Mrs. Lacey Harris for Hi-Tech. Mr. Tyson stated the ordinance proposed by the City is discriminatory. He quoted from the FCC opinion. He stated the FCC opinion also prohibits fees
and cost and this would be harmful to dealers.  He stated his clients are not opposed to reasonable regulation.  He stated the letter accompanying the proposed ordinance had been signed by Mr. Harris for Hi-Tech. He commented on the front yard installation photos in the proposal. He requested that Council not adopt an ordinance which would discriminate.
	Mr. Dawkins asked a question on Cablevision connections referred to by Mr. Tyson in his comments.
	Mr. Tyson responded by stating that the same electric wire serves both types of systems.
	Mr. Dawkins asked Mr. Tyson how large the dishes are and Mr. Tyson responded that they are from five feet to twelve feet in diameter with an average of seven to eight feet.
	Mr. Wofford stated that he agreed with Mr. Tyson and stated that no collusion exists between the City and Cablevision. He asked how much should the City regulate these systems. He suggested side yards as well as front yards be considered. The City Attorney offered comments on this question. Attorney Tyson also offered additional comments.
	Mrs. Marie Pressler was recognized and requested that Council not regulate amateur radio operators and antennas. Mr. Wofford asked about the placement of such antennas.
	There was then a general discussion of the topic.
	Mr. Ernie Crist, a Gallup Acres resident, was recognized with comments on the plaCement of dishes. He requested that Council give further consideration to the proposed ordinance.
	Mr. Richard “Rocky” Lewis was recognized. He stated he has an amateur radio antenna on top of his house. He stated that they do not need regulation.
	Mr. Brad Goodrum, Chairman of the Fayetteville Appearance Commission, was recognized. He stated the ordinance as presented is fair and equitable. He stated that setbacks on side installations are necessary. He requested that Council adopt the ordinance as it stands.
	Mr. Frank Simpson, City Inspection Department, was recognized. He suggested that antennas be properly grounded. He gave fees charged by the Inspection Department. He also suggested solid foundations for antenna installations.
	The City Attorney commented on the placement of antennas in side yards and front yards according to the ordinance.
	Mr. Wofford asked a question on the placement on antennas in the front yard according to the proposed ordinance.
	There was then some further general discussion of the topic.
	Mr. Crist was again recognized on the placement of antennas.and of the five-foot requirement.
	The City Attorney stated that the comments heard during this public hearing are good.
	Mr. Al Mitchell of the Planning Department was recognized and displayed slides of lot requirements. Mr. Mitchell thanked the Presslers for their assistance. He also referred to the City Attorney's memo in the agenda packet. He stated the Council has a good basis for regulation. He displayed a slide of a 30-foot setback from the street. He stated that antennas are considered accessory structures. He commented on the fees required as well as the permits. He stated the City can regulate antennas.
	There was then further general discussion of the topic.
	Mr. Dawkins quoted from Mr. Tyson's letter. And there was a further discussion of the front yard placement.
	Mr. Mitchell of the Planning Board was again recognized and stated that the Board of Adjustment should grant variances and approve permits subject to regulation.
	Mr. Wofford suggested that Mr. Mitchell rewrite the ordinance to not permit satellite antennas in front yards except subject to Board of Adjustment approval and permits.
	There was then further general discussion.
	Mrs. Pressler was recognized again with comments on the FCC ruling. She requested Council to leave the ordinance as it is and not charge for variances.  Mr. Dawkins offered further comments.
	It was suggested that dealers and radio operators meet with Mr. Mitchell and discuss the matter further.
	Mr. Goodrum was again recognized and commended those present for their comments and on the placement of the antennas.
	Mr. Mitchell was requested by Council to review the ordinance with the City Attorney and bring a recommendation back to City Council following such review.
	The City Manager then suggested that Council close the public hearing on this ordinance and Mayor Hurley and the Councilmembers declared the public hearing closed as suggested by the City Manager.
	Mayor Hurley then declared a five minute break.
2.	Presentation of Economic Development Strategies report by Mr. Ross Boyle.
	Mayor Hurley recognized Mr. John Monaghan of Fayetteville Progress who stated that Mr. Boyle of McManis Associates had completed the study and would make the presentation.
	Mayor Hurley then recognized Mr. Boyle. Mr. Boyle opened his presentation by stating that the plan is not designed to create jobs but to promote growth. He commented on the final report as submitted to the City Council earlier. He stated it is not a marketing document. He stated the product the City has to offer is attractive to all industries. He mentioned various operations such as air passenger and others. He stated the absence of office space in the City is a liability. He stated the work force has expanded, but the employment rate has gone down. He stated that large corporations are hiring fewer people, but small business has increased. He stated the City needs a balanced strategy. Also,costs are to be considered. He stated the study recommends that the Chamber of Commerce have lead responsibility for this element with active involvement by City and County government and by the Economic Development Division of the Chamber. He stated the City needs to get the message to these industries. He stated the City should work with existing businesses and give them an opportunity to expand. He stated that the firm to Black and Decker is an example. He stated the City must create an environment so as to attract new businesses. He stated the City should encourage the Chamber to expand its efforts to firms like Black and Decker and Westinghouse. He stated the City it must be competitive. He stated that within ten years, our work force would be in office-oriented industries. He stated this completed his presentation and that he would now answer any questions from City Council.
	Mr. Wofford asked if the Chamber is to handle two of the four legs of the stool.
	Mr. Boyle replied that this is so and that Fayetteville Progress is to work with the Chamber in this connection.
	Mr. Dawkins mentioned Fasco Industries as one firm who had been in Fayetteville for a long time.
	Mr. Boyle stated that the total national work force would be down by two thirds in a few years. He gave some examples of salaries in foreign countries such as Japan, Russia, and others. He mentioned that meat packing firms are good targets.
	Mayor Hurley stated that the Chamber has been working with Black and Decker and Westinghouse and that FTI is also doing so.
	Mr. Boyle stated that the City needs to look ahead for manufacturing firms also. He said that cost is not the only issue involved.
	Mr. Jones asked a question on food processing firms. Mr. Boyle stated that the City has such a firm which processes soybeans at the present time, He stated this is a strong target.
	Mayor Hurley then extended thanks to Mr. Boyle for his presentation and for the study.
3.	Presentation on Proposed Bond Referendum
	Mayor Hurley stated that Council first of all should decide within itself as to what we are going to ask the public to do concerning a bond referendum.
	The City Manager commented on the Greensboro effort in its Bond Referendum as contained in the agenda packet and on time and legal requirements for such a referendum.
	Mayor Hurley recognized Mrs. Suzan Cheek, Assistant City Manager for Economic and Community Development, who made the presentation. Mrs. Cheek commented on the Greensboro approach. She stated their revenue sources were drying up and the City needed to consider bonds. They also had to consider levying a property tax. She stated that they, as well as the City of Fayetteville, should consider general obligation bonds for revenue. She stated the North Carolina Local Government Commission is involved in this process all the way. She stated a bond election is a major step and that the City must decide on the projects it wishes included in the referendum. Mrs. Cheek stated the Council makes the formal selection and applies to the Local Government Commission for approval to hold a referendum. She stated as shown in the agenda packet the Greensboro process was very elaborate. She referred Council to the process as contained in the agenda packet. She stated the Greensboro Referendum had many projects and all of them passed except the coliseum. She referred to the number of issues passed by various cities within the State as shown in the agenda packet, She said the success rate is definitely due to community support. She referred to the kinds of projects such as water, sewer, sidewalks, and streets, She stated that diverse issues such as the foregoing, can be placed on the referendum for a vote. Mr. Dawkins then asked if other North Carolina cities had experienced referendum similar to Greensboro, and Mrs. Cheek applied in the affirmative.
	Mr. Wofford asked a question on the Greensboro plan pay back. Will they find it necessary to raise taxes, he asked. Mrs. Cheek replied it is likely that they must.
	Mr. Wofford asked if the rate of tax increase is shown on the issue. The City Manager stated this does not stipulate a figure.
	Mr. Wofford stated we are looking at general obligation bonds and that we should decide which projects ate to be included in a referendum.
	There was then a general discussion of the topic.
	Mayor Hurley stated that Council needs to move on with the program and that we definitely need public involvement.
	Mr. McBryde suggested the appointment of a committee, such as the one used by Greensboro to look at the issue.
	Mr. Dawkins stated that he agrees with the Mayor and that we need to assemble a diverse package for presentation to the public.
	The City Manager suggested that we need to bring a whole package together at the same time rather than on separate issues.
	There was then further general discussion of the topic.
	Mayor Hurley stated that we need various persons of various backgrounds on such committee,
	Mrs Dawkins suggested that City Administration come back to Council with a recommendation and the City Manager stated that he would do so.
4.	Request for Executive Session on Property Transaction
	Mayor Hurley stated that he had intended to announce earlier that the City Attorney had requested a litigation matter be discussed at the same time.
	Mr. McBryde then offered motion at 9:30 p.m. that Council convene into Executive Session to consider a litigation and a property matter, seconded by Mr. Jones and carried unanimously.
	Mayor Hurley then adjourned the Executive Session at 10:10 p.m. and reconvened Council into regular session and recognized the City Attorney.
	The City Attorney stated that in the case of Rodriguez vs. the City of Fayetteville, John McGinnis, Gary Scearce and others, recommend the firm of Harris, Sweeney and Mitchell be retained to replace Mr. Larry McGlothlin to represent Mr. Scearce and Mr. McGinnis.
	Mr. McBryde then offered motion for approval of the foregoing as recommended, seconded by Mr. Wofford and carried unanimously.
	Mayor Hurley then adjourned the meeting at 10:20 p.m. upon motion duly made and seconded.
REGULAR MEETING
MONDAY, MARCH 3, 1986
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, MARCH 3, 1986
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Mildred Evans, J. L. Dawkins, Milo McBryde, Jimmie Jones and Emaretta Felton
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and issued a welcome to all. The invocation was offered by the Reverend Tim Hall, Calvery Baptist Church. Following the invocation, the Pledge of Allegiance was led by Boy Scout Troop 959, sponsored by Elk's Lodge. Mayor Hurley thanked the Troop for their participation this evening.
	Fayetteville Youth Council Members were not present.
	Mayor Hurley stated the City Manager had requested an executive session for property and litigation at the end of this meeting.
	Mr. McBryde requested permission to abstain from voting on Item 8, and permission was granted.
	Mr. McBryde commented on the death over the weekend of Mr. Bob Shaw and his wife, Dorothy. Mr. McBryde stated Mr. Shaw was a former City Councilman. Mayor Hurley stated that he would write letters to the children for the City Council.
1.	Consent:
	The City Manager removed Consent Item 2 from the agenda.
	Mrs. Evans then offered motion to approve all Consent Items except Item E, seconded by Mr. McBryde and carried unanimously.
	The Consent Items appear below.
A.	Approval of minutes of information meeting of January 27, 1986.
B.	Approval of minutes of regular meeting of February 17, 1986.
C.	Award of contract for purchase of two Diesel Engine Tractor Backhoe/ Loaders to North Carolina Equipment Company, the low bidder. (PWC)
D.	Award of contract for purchase of one Truck Mounted Paint Striping Machine to M.B. Company, Inc., the low bidder.
E.	Approval of Airport Use Agreement between the City of Fayetteville and Fayetteville Aerial Advertisement (aerial advertisement by towing banners). This item withdrawn from the agenda.
F.	Set Public Hearing for April 7, 1986, to consider assessment for paving the following streets:
	1.	Shannon Drive from the northern line of King Shopping Center property northerly to the southern line of Scotty Hills Homes, Plat Book 22, Page 14, Cumberland County Registry.
	RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR PAVING AND OTHER IMPROVEMENTS ON SHANNON DRIVE. RESOLUTION NO. R1986-27.
	2.	Orange Street from Moore Street to Chance Street.
	RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR PAVING AND OTHER IMPROVEMENTS ON ORANGE STREET. RESOLUTION NO. R1986-28.
G.	Set public Hearing for April 7, 1986, to consider the assessment for the laying of sidewalks on the following streets:
	1.	Raeford Road (north side) from Magnolia Avenue to the southeast corner of Lot 1, Plat Book 8, Page 46, Cumberland County Registry.
	RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR LAYING OF SIDEWALKS AND OTHER IMPROVEMENT ON RAEFORD ROAD (NORTH SIDE). RESOLUTION NO. R1986-29.
	2.	Magnolia Avenue (east side) from Raeford Road to the northwestern corner of Lot 12, Block “C,” Plat Book 8, Page 46, Cumberland County Registry.
	RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR LAYING OF SIDEWALKS AND OTHER IMPROVEMENT ON MAGNOLIA AVENUE (EAST SIDE). RESOLUTION NO. R1986-30.
H.	Adoption on Second Reading of amendment to Chapter 28 of the Fayetteville City Code regarding “Taxicabs.”
	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 28, TAXICABS, SECTIONS 28-1, 28-44, 28-46, AND 28-132.1. ORDINANCE NO. S1986-2.
2.	Public Hearings:
A.	Consideration of paving assessment of Post Avenue from Broadview Drive to Myrtle Drive. Adoption of Resolution was recommended.
	The City Engineer presented this matter and stated that all property owners had been notified and the assessment was at the rate of $4.00 per front foot.
	There were neither proponents nor opponents present.
	Mr. McBryde offered motion for adoption of the Resolution at 7:10 p.m., seconded by Mr. Dawkins and carried unanimously.
	RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS ON POST AVENUE. RESOLUTION NO. R1986-31.
B.	Consideration of paving assessment on Myrover Street from Hay Street to Branson Street. Adoption of Resolution was recommended.
	The City Engineer presented this matter and stated that all property owners had been notified and the assessment was at the rate of $4.00 per front foot.
	There were neither proponents nor opponents present.
	Mr. Dawkins offered motion for adoption of the Resolution at 7:12 pm., seconded by Mrs. Evans and carried unanimously.
	RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS ON MYROVER STREET. RESOLUTION NO. R1986-32.
C.	Consideration of a resolution requiring the paving without petition of Poe Street from Southern Avenue to Dead End. Adoption of Resolution was recommended.
	The City Engineer presented this matter and stated that all property owners had been notified. He stated this was not a majority petition and requested that Council adopt the resolution ordering the improvement. The City Engineer stated that NCDOT has been asked to pay assessments for their portion of this paving.
	Mayor Hurley recognized Mr. Ronald Green, Rustburg Drive, in favor of this paving.
	There was no opposition present.
	Mr. Wofford offered motion for adoption of the Resolution as recommended, seconded by Mrs. Evans and carried unanimously.
	FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF POE STREET FROM SOUTHERN AVENUE TO DEAD END. RESOLUTION NO. R1986-33.
3.	Consideration of the sale of surplus City/County owned real property.
A.	Lot #19, Block “B,” Edenroc Subdivision, Plat Book 25, Page 3, Cumberland County Registry. Adoption of Resolution accepting high bid was recommended.
	The City Engineer presented this matter and stated that the high bidder was Mickey Rouse at $1,625.
	Mr. McBryde offered motion for adoption of the Resolution awarding the bid to the highest bidder, Mickey Rouse, seconded by Mrs. Felton and carried unanimously.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1986-34.
B.	Lot #15, Block “B,” Edenroc Subdivision, Plat Book 25, Page 3, Cumberland County Registry. Adoption of Resolution accepting high bid was recommended.
	The City Engineer presented this matter and recommended adoption of the high bid by Mickey Rouse in the amount of $1,625.
	Mr. Wofford offered motion to accept the high bid and adopt the Resolution as recommended, seconded by Mr. Jones and carried unanimously.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1986-35.
C.	Vacant lot at 909 Ellis Street.  The recommended action was re-advertisement.
	The City Engineer presented this matter and recommended re-advertisement. He stated that there was only one bid received and that from Mr. Mickey Rouse in the amount of $175. We believe the property is worth far more than this amount; therefore, we recommend rejection of this bid and re-advertising the lot for sale with a minimum bid of $500.
	Mr. Wofford offered motion to re-advertise as recommended, seconded by Mr. Dawkins and carried unanimously.
4.	Consideration of the sale of surplus City owned real property.
A.	Lot #93 Broad Acres Subdivision, Section 2, Plat Book 17, Page 35, Cumberland County Registry. Adoption of Resolution accepting bid was recommended.
	The City Engineer presented this matter and stated that we recommend adoption of the attached Resolution to sell the property to Lieutenant Tisdell in the amount of $100.
	Mr. Dawkins offered motion for adoption of the Resolution as recommended, seconded by Mrs. Evans and carried unanimously.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1986-36.
B.	Lot #91 Broad Acres Subdivision, Section 2, Plat Book 17, Page 35, Cumberland County Registry. Adoption of Resolution accepting bid was recommended.
	The City Engineer presented this matter and recommended adoption of the attached Resolution to sell the property to Mr. Fred Clark for $300.
	Mr. Wofford offered motion, seconded by Mrs. Felton, to accept the only bid received and adoption of the Resolution. Motion carried unanimously.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1986-37.
5.	Consideration of addendum to Interlocal Agreement between City of Fayetteville and Cumberland County regarding towing of Human Service Transportation vehicles. Approval was recommended.
	Assistant City Manager Roger Stancil presented this matter and stated it had been approved by the County Commissioners this morning.  He stated the addendum referred to a flat rate towing charge for vehicles that are used as part of the Human Services Transportation System. He recommended approval.
	Mr. Jones offered motion for approval of the foregoing as recommended, seconded by Mrs. Felton, and carried unanimously.
6.	Consideration of Ordinance amending Chapter 12, “Fire Protection and Prevention,” of the City of Fayetteville Code of Ordinances. Adoption of the Ordinance was recommended.
	The City Manager presented this matter and stated that the North Carolina Building Code Council has authorized the 100 counties in the State to adopt the NFPAI Fire Prevention Code as the official fire prevention code for state-wide adoption. Therefore, any change to this document must be submitted to the Council for appropriate action.  This had been recommended by the Fire Department and the Inspections Department.
	Following brief discussion, Mrs. Evans offered motion for adoption of the Ordinance, seconded by Mr. Jones and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 12, FIRE PROTECTION AND PREVENTION OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. S1986-3.
7.	Consideration of Resolutions authorizing condemnation for street construction projects.
	It was decided to consider all three Resolutions at the same time.
	A.	Parcel E-4, Dick Street Construction Project.
	B.	Parcel E-1, Dick Street Construction Project.
	C.	Parcel 5-1, Hilton Drive Construction Project.
	Adoption of Resolutions was recommended.
	The City Engineer recommended adoption of the Resolutions.
	Mr. Wofford offered motion for adoption of Resolutions on the foregoing Items A, B and C, seconded by Mr. McBryde and carried unanimously.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. PARCEL E-4 DICK STREET. RESOLUTION NO. R1986-38.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. PARCEL E-1 DICK STREET. RESOLUTION NO. R1986-39.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. PARCEL S-1 HILTON DRIVE. RESOLUTION NO. R1986-40.
8.	Consideration of use of Olde Fayetteville Commons as a traffic detour during construction work on Franklin Street.
	The City Manager presented this item and stated that he had met Wednesday afternoon with a committee of the Revitalization Commission and several downtown merchants. They requested that the City consider allowing vehicular traffic on the Transit Mall while construction was underway on Franklin Street.
	We have previously asked UMTA about opening the Mall to traffic and were told that this would make the Mall ineligible for UMTA funding and the grant would be withdrawn. We must keep in mind that 90 percent of the project was funded by State and Federal Mass Transit funds based upon improving transit operations. We must be extremely careful not to do anything that would cause UMTA to feel that the City acted in bad faith in applying for and accepting the grant. Without the grant, the City had asked $250,000 for Hay Street improvements and could have left the buses on Market Square.
	I am concerned, however, about the ability of existing streets being able to handle the traffic detoured from Franklin Street, I do not believe UMTA would object to a temporary detour. If such a detour created more traffic problems than it solved, it would have to be discontinued. It should be stressed that any use of the Mall by vehicular traffic can only be justified as a temporary measure to solve a temporary traffic problem. It is anticipated that Franklin Street will be closed in the vicinity of Ray Avenue for three to four weeks, beginning next week or the following week.
	The City Manager stated he had also contacted UMTA regarding use of the Mall for vehicular traffic.  He stated the grant agreement is for a transit facility only and not for vehicular traffic.  They will not consider an amendment to the contract.
	Mr. Wofford stated we should not open the Mall until permission is granted in writing by UMTA.
	Mrs. Evans suggested asking if we could use the Mall temporarily.
	The City Engineer displayed slides of the Franklin Street-Russell Street construction area and of the present detours being used and gave details and timetables.
	There was then discussion of the matter.
	The City Engineer stated that a real traffic hazard exists, especially with cross traffic.
	There was then further discussion of the matter. 
	Mr. Jones commented the previous routes which have been taken to reach a downtown business.  He stated he was in favor of open the Mall temporarily.
	Following some brief discussion, Mr. Dawkins offered motion to open the Transit Mall temporarily until approval of UMTA and NCDOT is received in writing, seconded by Mr. Jones.
	There was then further discussion of the matter and comments by the City Manager. The City Manager stated that the Mall could be closed if problems occur. Council agreed to this.
	There was then some further discussion.
	Following this, Mayor Hurley called for a vote on the motion, and it carried. Mr. McBryde abstaining to vote.
9.	Consideration of purchase of property for the Airport. Approval of the purchase was recommended.
	Council recognized Airport Manager Tom Ray, who presented this matter, and recommended approval to purchase the property from Mrs. Carolyn Thompkins for the amount stated in her letter enclosed in the agenda packet.
	Following brief discussion, Councilmember Evans offered motion for approval of the purchase as recommended, seconded by Mr. Jones, and carried unanimously.
	Mayor Hurley recognized Mrs. Thompkins in the audience.
10.	Appointments:
	A. Election of Robert Hinton to the Taxicab Review Board. Mr. Hinton was then elected by unanimous vote of the Council to the Taxicab Review Board to replace Mr. Bill Baxley, deceased, and to serve the remainder of his term to July, 1987.
	B. Nominations to fill seven vacancies on the Human Services Commission.  Mrs. Evans nominated Glorious Fowler. Mr. Jones nominated Mrs. Sylvia Allen, Mr. Wofford nominated the remaining five: Bettie Jo Goodenough, Gertie Brewington, Richard G. Griffin, Elesa W. Brown, Reverend John L. Godbold.
	Mayor Hurley stated that these would be reconsidered at the next meeting of the Council.
11.	Delegations or individuals wishing to address Council:
	There were none.
12.	Administrative Reports:
A.	Presentation of alternative redesigns for Council Chamber.
	Assistant City Manager Roger Stancil presented this matter and displayed drawings of the present and proposed design of the Council Chamber due to the increase in Councilmembers following the spring election. The horseshoe design displayed by Mr. Stancil was favored by the Council.
	There was then a brief discussion by the City Council concerning this.
	Following this, the City Manager stated that he will get costs and come back to Council with them.
	The City Manager stated that at the last meeting of the Council, there was a presentation of the Financial Report. He stated he had received a letter from the auditor today. He quoted from this letter. He stated that the Local Government Commission recommended approval.
	Following brief discussion, Mr. McBryde offered motion to approve and accept the audit report as submitted for Fiscal Year 1984-1985, seconded by Mrs. Felton and carried unanimously.
	Mayor Hurley informed Council that a letter had been received today from the Justice Department, and they have provided Council with information regarding the election plan and redistricting. He requested the City Attorney to present the details.
	The City Attorney stated that he had talked with the Justice Department at 5:15 this afternoon. He stated the election plan and the annexations are approved. He stated the Justice Department will consider approval of any change in the election dates. He provided details from his handout to the City Council. He stated the Board of Elections will hold a meeting immediately concerning this matter.
	Mr. Dawkins stated he wanted to see information in writing from the Justice Department.
	There was then a lengthy discussion of the primary and election dates for the municipal election.
	Following this lengthy discussion, Mr. McBryde offered motion that the City Attorney try to set up for a filing date on March 14 with a May primary and a June election, seconded by Mrs. Evans, and carried. Mr. Wofford voting no.
13.	Matters of Interest to the Council:
	Mr. Jones stated that he desired that Council discuss a personnel matter in the executive session, and this was agreeable.
	Mr. Dawkins asked about the date of retirement for City Clerk Maurice Downs. Mayor Hurley stated the retirement date was March 31, and that the City Council will recognize Mr. Downs sometime during the month of April.
	Mrs. Evans stated that she had received a letter from Mr. Louis Bennett of Highland Funeral Service. She stated Mr. Bennett wants the City's assistance in establishing a national cemetery for Cumberland County. The City Manager was requested to check on this.
	Mayor Hurley informed Council that on Wednesday, March 5 from 9:30 a.m. until 11:30 a.m., a reception would be held in the Kyle House for Mr. Paul Comer, the new Executive Director for the Fayetteville Area Visitors' Bureau. He invited all Councilmembers to be present.
	Mayor Hurley then thanked the Police Officer for being present at the meeting this evening.
	Mr. Jones then moved that Council enter into executive session at 8:30 p.m. for personnel, property and litigation matters, seconded by Mrs. Felton and carried unanimously.
	Mayor Hurley adjourned the executive session at 9:00 p.m., reconvened Council into regular session, and adjourned the meeting upon motion made and duly seconded.
REGULAR MEETING
MONDAY, MARCH 17, 1986
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, MARCH 17, 1986
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Mildred Evans, J. L. Dawkins, Milo McBryde, Jimmie Jones and Emaretta Felton
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager 
		Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and welcomed everyone present. The invocation was offered by Bill Loudermilk, Vice-President of Church and Community Relations at Methodist College. The invocation was as follows: “Our Father, How simple life would be if there we dealt absolutes, if every issue had only 100% right and wrong sides. How easy it would be also if all citizens agreed on what should be done and what was best for our city. But we have lived long enough and experienced enough variety to know that frequently choices are the lesser of two unpopular alternatives. Therefore, we ask your presence here at this City Council meeting. Grant its members clarity of thought, sensitivity to all concerned and the ability to see issues from all aspects.  Grant to all citizens here gathered understanding hearts, empathetic reasoning and unfledging resolve to help made our city the best place to live, to work and to learn.  For we make our prayer in your name.  Amen.” Mayor Hurley led the Pledge of Allegiance.
	Mayor Hurley stated that Methodist College is in the midst of their annual Loyalty Campaign to raise funds from the community.
	Mayor Hurley recognized Youth Council Members Chris Hudspeth and Chris Spivey. He notified them that City Council, Administration and County Commissioners have accepted the Fayetteville Youth Council's challenge to the annual basketball game on April 15.
1.	Consent
	Councilmember Wofford requested that Item I be pulled for discussion and that the amounts of money involved be added to the following items:
	J.	$8,200.00 for the sale of property on Buxton Boulevard.
	K.	$143,000.00 for the amount of the contract for the purchase of cable for PWC.
	City Manager Smith asked for a correction to be made to Item C to show it is paving and water and sewer on Hilton Drive.
	Councilmember Wofford offered motion to approve the Consent Items with the corrections to C, J, and K and excluding Item I. Councilmember Dawkins seconded, and it carried unanimously.
	The Consent Items are as follows:
A.	Approval of minutes of regular meeting of February 24, 1986.
B.	Approval of minutes of regular meeting of March 3, 1986.
C.	Set Public Hearing for April 21, 1986, to consider ordering the paving, and water and sewer, without petition, of Hilton Drive from 71.4' northwest from Lot 42, Plat Book 22, Page 24, Cumberland County Registry to the southwestern corner of Lot 4, Plat Book 25, Page 28, Cumberland County Registry.
D.	Approval of Airport Use Agreement between the City of Fayetteville and Fayetteville Aerial Advertisement (aerial advertisement by towing banner).
E.	Set Public Hearing for April 7, 1986, for approval of the City's application to the Department of Housing and Urban Development for the 1986-87 Fiscal Year Community Development Block Grant funding.
F.	Set Public Hearing for April 21, 1986, to consider the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 209 Cheselka Street.
G.	Set Public Hearing for April 21, 1986, to consider the application by Charles S. Hester for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-27, Item (1) to operate a children's day care facility in a P2 Professional District and M2 Industrial District for an area located on the south side of Morganton Road, west of U.S. 401 Bypass (Skibo Road).
H.	Approval of the rezoning from R6 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 1036 Southern Avenue.
I.	Item I was pulled for discussion.
J.	Approval of the sale of land located on Buxton Boulevard to Western Assembly Disciples of Christ, for the sum of $8,200.00.
K.	Award of contract for purchase of 200,000 feet of Sweetbriar Y/S Cable to Eastern Electric Supply Company, the low bidder, in the amount of $143,000.00. (PWC)
L.	Approval of the rezoning from R5 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located on the north side of Grove Street, between Alfalfa Street and U.S. Highway 301.
	Mr. Mitchell presented this matter and he stated that this was the case that was re-started by Mr. Coghill, and the area has been recommended approval by the Planning Board at this time. There was some opposition at the Planning Board but no appeal was filed. Mr. Mitchell displayed a map of the area and stated that this was a catch-all district and manufacturing is the primary emphasis on this district. Councilmember Wofford asked if it was a buildable size lot. Mr. Mitchell responded that it was not much of a lot left and would have to be combined with some other things to be used in any practical manner.
	Mr. Randy Nimocks, with Bill Maxwell Realtors and representing property owners of all the remaining property fronting Grove Street, appeared before Council requesting denial of this request from the standpoint that from all practical purposes it cannot be developed by itself.
	There was further discussion.
	Following additional discussion, Councilman Dawkins offered motion to deny the request to rezone and leave the area R5 Residential. Motion seconded by Councilman Jones and carried with Councilman Wofford voting no.
2.	Public Hearings
A.	Consideration of the rezoning from R10 Residential District and C1 Local Business District to R5A Residential District or to a more restrictive zoning classification for an area located on the south side of Raeford Road, east of Hunter Street. Planning Board recommends denial to R5A Residential District and approval of R6 Residential District. Mr. Mitchell presented this matter.
	Mr. John Tally appeared in favor of the rezoning to allow them to put more units for residential use in that area.
	There were no opponents present.
	Councilmember Wofford offered motion, seconded by Councilmember McBryde and carried unanimously to rezone the R5A Residential.
3.	Planning Board Matters:
A.	Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 116 Country Club Drive, Planning Board recommends denial of P2 Professional District and approval of R5A Residential District.
	This matter was presented by Mr. Mitchell and he stated that the original request was for P2. The Planning Board has recommended the R5A for the tract, and there has been no appeal.
	Following some discussion, Councilmember Wofford offered motion, seconded by Councilmember McBryde to rezone the area to P2.
	Councilmember Evans offered substitute motion to follow the recommendation of the Planning Board and rezone to RSA. Motion seconded by Councilmember Jones. Mr. Jones then withdrew his motion because he feels there will be a creeping in to R10. Councilmember Dawkins then seconded the motion.
	There was further discussion concerning the future possibilities of the changes in the area and Mrs. Evans changed her substitute motion from RSA to R6. Mr. Dawkins agreed with the change, The motion carried by a vote of four to three, with Mayor Hurley, Councilmembers McBryde and Jones voting no, constituting a first reading.
B.	Consideration of request for removal of feeder street on Taylor property off Sherman Drive. Planning Board recommends denial.
	Mr. Mitchell presented this item and reviewed the matter. The Planning Board recommends keeping the feeder street on the plan.
	Councilmember Jones expressed his concerns for the increase in traffic in that area.
	Councilmember Dawkins asked Mr. Mitchell about the street going through the Taylor's property. Mr. Mitchell responded that they had discussed this with the Taylors and the street could be varied on the location through the property as long as it did not affect the location of the entrance and exit from their property.
	Councilmember Evans offered motion, seconded by Councilmember Felton and carried unanimously, to follow the recommendation of the Planning Board.
	Mr. Cecil Barefoot, a Sherman Drive resident, appeared in favor of the feeder street and Council assured him that they planned to leave it in the plan.
4.	Consideration of request for a school crosswalk at Howard Elementary School. Approval was recommended.
	Councilmember Wofford offered motion, seconded by Councilmember Dawkins and carried unanimously, to approve the request for caution lights and signs on Trade Street for a school crosswalk at Howard Elementary School.
5.	Consideration of recommendation from the Parks and Recreation Advisory Commission to close Lamon Street Pool. Approval was recommended.
	Sandy Saunders, Parks and Recreation Advisory Commission Chairman, addressed the matter to Council and explained that it would not be wise to try and operate both pools in the same way they have been in the past. He further explained that they would bus people to the Seabrook Pool, just as they did for the Lamon Street Pool.
	Councilmember Evans offered motion, seconded by Councilmember Wofford to follow the recommendation of the Parks and Recreation Advisory Commission to close the Lamon Street Pool.
6.	Consideration of bids for renovation of Seabrook Pool. Award to low bidder was recommended.
	Mr. Smith presented this item and requested that a budget amendment taking additional $25,000 from Council contingency.
	Councilmember Evans offered motion, seconded by Councilmember Jones, to award the bids for renovation of Seabrook Pool to the low bidders for a total of $54,800. Motion carried unanimously.
7.	Consideration of bids for repair of bridges. Award to low bidder was recommended.
	Mr. Bennett presented this matter. The repair work is for the following bridges:
		Hawley Lane			$ 19,880.
		Cool Spring Street		  11,150.
		Ann Street			  13,175.
		Ray Avenue			   6,500.
		Anderson Street		  16,620.
							$ 67,325.
	Councilmember Dawkins offered motion, seconded by Councilmember Felton and carried unanimously to award to the low bidder for repairs to the bridges.
	At this time, Councilmember Dawkins requested to rise to a point of personal privilege, due to the Mayor's hesitation in offering input on the bridge renovations. He stated that the Chair of the Mayor is a hard job and he feels it should always have input at the meetings.
8.	Consideration of requests from Vyquest, Inc., in connection with development of property in the Cape Fear Valley Hospital (Oliver Street) area:
	(a)	Bonding for street and drainage work.
	(b)	Financing of drainage.
	Mr. Smith presented this matter and stated that the City ordinance requires a bond to be posted by a developer when property is subdivided, thereby insuring that street improvements, drainage, etc. are completed before the property is sold. It has been the City's practice to require a North Carolina insurance agency to provide this type of bond. Mr. Smith stated that it is his recommendation to require an in-state insurance bond. Mr. Smith further stated chat with regard to the drainage financing portion of the item, the developer did not want to pay the entire cost of taking the additional water from the area and has requested that the City fund the additional cost. Mr. Smith made the recommendation that in this case and all future cases like this, that a small drainage district be established and property owners that will benefit from such drainage be assessed additional costs with the developer paying the costs involving his property. It is staff's recommendation that Council authorize them to set up the necessary public hearings.
	Mr. Stacy Weaver, representing Vyquest, Inc., addressed the Council and asked that they have the requirement of a corporate surety from the bond be eliminated, due to worth of the financial statements, and let them put up their own bond. Mr. Weaver also addressed briefly the drainage plan for the property.
	(b)	Following lengthy discussion and decision to act on financing of drainage (b) first, Councilman Wofford offered motion to have Vyquest, Inc. either obtain a North Carolina bond or deposit a like amount of money with the City, seconded by Mr. McBryde and carried unanimously.
	(a)	Councilmember Wofford offered motion, seconded by Councilmember Evans and carried unanimously to have staff put in motion the drainage assessment plan on the Cape Center Professional Office Park project.
9.	Consideration of Resolution of condemnation for right-of-way on Dick Street, presented by Mr. Bennett and recommended adoption.
	Councilmember McBryde offered motion for adoption of the Resolution, seconded by Councilmember Evans, and carried with Mayor Hurley voting no.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. R1986-43.
10.	Consideration of Resolution authorizing the acceptance of Seminole Street right-of-way, presented by Mr. Bennett and recommended adoption.
	Councilmember Wofford offered motion to adopt the Resolution, seconded by Councilmember Felton, and carried unanimously.
	A RESOLUTION AUTHORIZING THE ACCEPTANCE OF SEMINOLE STREET. R1986-44.
11.	Consideration of contract with Ken Robinson for preservation of plank road and log pipe artifacts.
	Mr. Stancil presented this item and stated that because these artifacts are so important to our history, he recommends authorization of the contract, not to exceed $1,625.00 for consultant fee with an additional $150.00 for expenses. Three hundred and fifty dollars ($350.00) has already been donated for chemicals.
	Councilmember McBryde offered motion, seconded by Councilmember Jones and carried unanimously to award the contract to Mr. Ken Robinson for $1,775.00.
	Mr. Robinson was present and was recognized by Mayor Hurley. The Mayor expressed the City's appreciation for the work he has already performed for the entire community.
12.	Appointments:
	Election of Glorious Fowler, Bettie Jo Goodenough, Gertie Brewington, Sylvia Allen, Richard G. Griffin, Elesa W. Brown and Rev. John L. Godbolt to the Human Services Commission.
	Councilmember Dawkins offered motion to appoint the nominations by acclamation, seconded by Councilmember Felton.
	Following some discussion regarding the attendance record of Mrs. Brewington, Councilmember Evans offered a substitute motion to withdraw Mrs. Brewington's name until she can be contacted by Human Services, seconded by Councilmember McBryde and carried unanimously.
	Councilmember Dawkins recognized Mrs. Bettie Jo Goodenough, who was present at the meeting, and commended her for her almost perfect attendance as a commission member.
13.	Delegations or individuals wishing to address Council:
	Mr. W. B. Coghill appeared before Council and asked what his recourse would be to Council's decision in Item I under the Consent Items.
	Mr. Mitchell responded by stating that Mr. Coghill could wait one year and then reapply or go to a higher court.
14.	Administrative Reports:
A.	Mr. Smith presented the statement of taxes collected for month of February, 1986 from Cumberland County Tax Collector.
B.	Mr. Smith reported on a situation between the City and Cablevision. They have reached a satisfactory agreement in principle which consists of several items contained in his memo to Council, in exchange for a ten-year franchise extension beyond 1991. Mr. Smith further stated that other things had also been discussed that he feels will be worked out. He recommended that Council take some time to review his memo, allow the City Manager and City Attorney to work with ATC and draft franchise amendments and to ask Mr. Greg Bicket, with ATC, to attend the information meeting on Monday night, March 24.
	Councilmember Wofford offered motion, seconded by Councilmember Dawkins to authorize staff to proceed with negotiations with ATC concerning the Cablevision franchise.
	Mayor Hurley recognized the candidates for City Council present in the audience. They are Mrs. Goodenough, Mr. Torry, Mrs. Ross, and Mrs. Fowler.
	Mr. Stancil presented a report on the proposed Council Chamber renovation to make room for the additional Councilmembers to be elected. He stated that Mr. Frank Dallas, Engineering Department, had three possibilities. Council discussed these proposals and gave their approval on the arrangement with the screen in the middle of the crescent-shaped Council seating arrangement.
	Mr. Cogswell stated that at the time Council authorized Attorney Ronnie Mitchell to represent Officers McGuinness and Scearce in the Rodriguez case, the hourly rate was not stated in the minutes. He requested Council approve the contract submitted by Mr. Mitchell at $75.00 per hour.
	Councilmember McBryde offered motion, seconded by Councilmember Wofford to approve the contract as requested, at $75.00 per hour. Carried unanimously.
	Mr. Cogswell stated that he reviewed all the cases and discovered that the minutes do not reflect the rate for Bobby Deaver to represent Danny Dixon in the Cecelia Gray case, but the tape of the meeting did reflect that it was approved at the usual contract rate. Mr. Cogswell asked that Council authorize a similar contract (as the one with Mr. Mitchell above) at $75.00 per hour, with the usual agreement for outside expenses and ratify the previous payments of $1,762.77 to Mr. Deaver.
	Councilmember Wofford offered motion, seconded by Councilmember Jones to follow the recommendation, carried unanimously.
	Mr. Cogswell stated that also in the Rodriquez case, the minutes do not reflect George Miller's rate for representing Danny Dixon at the rate of $75.00 per hour. Mr. Miller has not submitted an invoice to date.
	Councilmember Wofford offered motion, seconded by Councilmember Dawkins to approve the contract (same as the one with Mr. Mitchell) as recommended at $75.00 per hour.
	At this time, Mayor Hurley stated that the Dog Ordinance Committee had met several times and staff has submitted an ordinance. This will be an item on the April 5 agenda.
	Mayor Hurley presented to Council, Greensboro's proposal for staffing a Citizen Task Force. Following discussion, Councilmember Evans offered motion that the appointments be made by the Mayor with recommendations by Councilmembers and staff for a balanced group, not to exceed 25 members. Motion was seconded by Councilmember Jones and carried unanimously.
	The Mayor stated that these should be appointed within the next two weeks. 
15.	Matters of Interest to Council
	Councilmember Jones stated he had passed through a town in South Carolina that had beautified their streets, they had traffic on the streets and only one business appeared to be vacant. He stated that he had been informed that Fayetteville was losing another vital business downtown. He further stated that he wished we could meet with the Federal Government to see what can be done to encourage the businesses to stay downtown and get more.
	Councilmember McBryde stated that he had been approached concerning the possibility of an indoor shooting gallery. He had checked with the City Attorney who informed him that there was no state law prohibiting this. Mr. McBryde made a request that this be checked into further due to the numerous handguns being sold and people need training to use them. Mr. McBryde requested staff to bring an ordinance before Council for discussion.
	Councilmember Dawkins asked staff if we had a response from UMTA on our recent request. Mr. Smith responded that we have not had an answer.
	Mayor Hurley reminded everyone of tomorrow night's annual dinner by the Chamber of Commerce.
	Mayor Hurley also thanked the Police officer for being present and again recognized the Council candidates present.
	There being no further business, the meeting was adjourned at 9:25 p.m. 
INFORMATION MEETING
MONDAY, MARCH 24, 1986
	FAYETTEVILLE CITY COUNCIL
	INFORMATION MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, MARCH 24, 1986
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Wilton Wofford, Mildred Evans, J. L. Dawkins, Milo McBryde, Jimmie Jones and Emaretta Felton
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and gave the invocation, followed by the Pledge of Allegiance to The Flag.
	City Manager John Smith announced that Mrs. Bobbie Joyner had been appointed City Clerk effective April 1, 1986.
	The first item for discussion was the proposed amendments to the Cablevision franchise.  The City Manager presented the results of his negotiations with Cablevision.  Mr. Greg Bicket, President, Fayetteville Division, ATC, discussed his opinion of the negotiations.  Council asked the staff to work with Cablevision in finalizing the agreement.
	Next item for consideration was a presentation of a proposal by Walter Vick for purchase of City-owned property on the northeast corner of Market Square.  City Manager Smith presented the proposal and the staff's recommendation.  Mr. Vick appeared to discuss his plans.  Council asked the staff to work with Mr. Vick in developing an agreement for this purchase.
	Next item was consideration of a fireworks display permit for Highland Country Club April 2, 1986.  Upon motion by Councilmember Dawkins, seconded by Councilmember Evans, the Council voted unanimously to approve the permit.
	Upon motion by Councilmember McBryde, seconded by Councilmember Felton, the Council voted unanimously to convene into executive session for the purpose of litigation.
	Upon reconvening into regular session, the Council meeting was adjourned.
REGULAR MEETING
MONDAY, APRIL 7, 1986
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, APRIL 7, 1986
	7:00 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Mildred Evans, J. L. Dawkins, Milo McBryde, Jimmie Jones, and Emaretta Felton.
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and welcomed everyone present. The City Attorney offered the invocation and Mayor Hurley led the Pledge of Allegiance.  The Youth Council members Stacey Thomas and Ray McIntyre were recognized by Mayor Hurley.
	Mayor Hurley then recognized Mr. Paul Comer, Executive Director, Fayetteville Area Visitors' Bureau, and Mr. Don Wooster, Chairman Cumberland County Room Occupancy Tax Advisory Committee.  The Mayor then read a Proclamation proclaiming National Tourism Week which will be the week of May 18.
	At this time, Youth Council member Chris Hudspeth was recognized and he offered Council an invitation to play in the annual basketball game for the March of Dimes' fund raising to be held at 7:30 p.m., April 15, at the Fayetteville Academy Gym.  The Youth Council members will be playing against City Council staff and County Commissioners.
	Mr. Cogswell had requested an executive session on a litigation matter.
1.	Consent:
	Councilmember McBryde offered motion to approve the consent items, seconded by Councilmember Jones and carried unanimously.  The consent items are as follows:
A.	Approval of minutes of regular meeting of March 17, 1986.
B.	Approval of minutes of information meeting of March 24, 1986.
C.	Approval of a request for a refund of City taxes to Charles Quann in the amount of $156.00.
D.	Approval of a request for a refund of City taxes to Mason Hicks in the amount of $52.68.
E.	Approval of a request for a refund of City Taxes to Frank Everett, Jr. in the amount of $14.04.
F.	Approval of a request for a refund of City Taxes to William Eddie Bulen, Jr. in the amount of $162.02.
G.	Approval of a request for a refund of City Taxes to Lee and Rose Beavers in the amount of $67.71.
H.	Set Public Hearing for May 5, 1986, to consider the closing of Starling Street from Bragg Boulevard to Sigman Street.
	PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE STARLING STREET. RESOLUTION NO. R1986-45.
I.	Approval of the rezoning from P2 Professional District to C(1)P Shopping Center District or to a more restrictive zoning classification for an area located at 320 North McPherson Church Road.
J.	Authorize advertisement of an amendment to Concession Agreement between the Fayetteville Airport Commission and Thornton and Stefanovich Rentals, Inc.  (DBA Dollar Rent A Car).
K.	Authorize advertisement of an Assignment of Service Area Lease Agreement, Rents and profits, between the City of Fayetteville and Hill-Beason, Ltd., which formalizes lease agreements with Hill-Beason, Ltd.
L.	Approval of Amendment No. 1, Hill-Beason, Ltd., and Lambda Aviation, amending the present lease agreement which expires April 14, 1986.
2.	Public Hearings.
	Mayor Hurley reminded the audience of the 15-minute time limit for pros and cons to be heard.
A.	Consideration of assessment roll for paving sidewalk on Raeford Road (North side) from Magnolia Avenue to S/E corner of Lot 1, Plat Book 8, Page 46.  Mr. Bennett presented this item and stated that it was pursuant to petition by property owners and all property owners have been notified of this public hearing.  He recommends adoption of the resolution for assessment.
	There were no proponents nor opponents.
	Councilmember Evans offered motion to adopt the resolution for assessment, seconded by Councilmember Wofford and carried unanimously at 7:12 p.m.
	A RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR THE LAYING OF SIDEWALKS ON RAEFORD ROAD (NORTH SIDE) FROM MAGNOLIA AVENUE TO THE SOUTHEAST CORNER OF LOT 1,  PLAT BOOK 8, PAGE 46, CUMBERLAND COUNTY REGISTRY.  RESOLUTION NO. R1986-46.
B.	Consideration of assessment roll for paving sidewalk on Magnolia Avenue (East side) from Raeford Road to N/W corner of Lot 12, Block “C,” Plat Book 8, Page 46.  Mr. Bennett presented this matter and stated that the single property owner had been notified of the public hearing.   He recommended adoption of the resolution.
	There was no one to appear for or against at this public hearing.
	Councilmember Dawkins moved to adopt the resolution,  seconded by Councilmember Jones and carried unanimously at 7:13 p.m.
	A RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR THE LAYING OF SIDEWALKS ON MAGNOLIA AVENUE (EAST SIDE) FROM RAEFORD ROAD TO THE NORTHWESTERN CORNER OF LOT 12, BLOCK “C,” PLAT BOOK 8, PAGE 46, CUMBERLAND COUNTY REGISTRY.  RESOLUTION NO. R1986-47.
C.	Consideration of assessment roll for paving Shannon Drive from northern line of King Shopping Center to southern line of Plat Book 22, Page 14.  Mr. Bennett stated that this street has recently been paved pursuant to petition by property owners.  All property owners have been notified of the public hearing and he recommends adoption of the assessment resolution.
	There were no proponents nor opponents present at the meeting.
	Councilmember Dawkins moved to adopt the assessment resolution, seconded by Councilmember McBryde and carried unanimously at 7:14 p.m.
	A RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR PAVING ON SHANNON DRIVE FROM NORTHERN LINE OF KING SHOPPING CENTER PROPERTY NORTHERLY TO SOUTHERN LINE OF SCOTTY HILLS HOMES, PLAT BOOK 22, PAGE 14, CUMBERLAND COUNTY REGISTRY.  RESOLUTION NO. R1986-48.
D.	Consideration of assessment roll for paving Orange Street from Moore Street to Chance Street.  Mr. Bennett presented this item and stated that there had been a written objection from the Railroad Company to this paving if they were to be assessed.  The written objection has been put on file in the clerk's office and the property owners have been notified of the public hearing.
	There were no proponents nor opponents present at the meeting.
	Councilmember Dawkins offered motion to adopt the resolution, seconded by Councilmember Felton and carried unanimously at 7:15 p.m.
	A RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR PAVING ON ORANGE STREET FROM MOORE STREET TO CHANCE STREET. RESOLUTION NO. R1986-4 9.
	At this time, Councilmember Dawkins was recognized and reminded the audience that the taxpayers pay approximately 91 percent of the assessment and the property owner pays only approximately 4½ percent on each side and that is why we very seldom have opposition at these public hearings.
	Consideration of Community Development Block Grant funding for Fiscal Year 1986-1987.  Mr. Richard Herrera presented this matter.  He stated that while the Department of Housing and Urban Development (HUD) had allowed us to use a planning figure of $897,600 for public hearing purposes, we were advised by letter on March 5, 1986, that the actual funding amount would only be $753,000. The $753,000 grant amount is $303,000 less than we received for Fiscal Year 1985-1986.  In light of that funding reduction, his funding recommendations are as follows:
	1.	Housing Rehabilitation - Target area 2.1 at $301,200 (Alfalfa and King Streets)
	2.	Conservation Plan - Vanstory Street area at $301,200 (Rehabilitation and Redevelopment)
	3.	Administration - $150,600
	4.	Fayetteville Day Nursery - $30,346 (from prior year administration) Mr. Herrera presented maps of the proposed target areas.
	Mr. Thomas Wilkes, 933 Chester Circle, appeared in favor speaking for the YMCA and Fayetteville Day Nursery.  He stated that this Day Care Nursery is the only one in the downtown area and he felt it essential.
	Mr. Clinton Harris also appeared in favor of this revitalization.  There was no one in opposition at this public hearing.
	Councilmember Wofford offered motion to approve the funding for the Fiscal Year 1986-1987 as recommended, seconded by Councilmember Evans and carried unanimously.
F.	Consideration of an ordinance amending Chapter 7, “Animals and Fowl” of the Code of Ordinances for the City of Fayetteville creating a new Section 7-26, “Dogs, Sanitary Conditions; Enforcement.”
	Mayor Hurley reviewed briefly the problems discussed in the
past with the animal situation.  A five-person study committee was established and their recommendations were drawn up into a proposed ordinance.  A committee member, Mrs. Irene Anderson, appeared stating she felt the City would have to be the one to enforce this ordinance.
	In opposition to the ordinance was Mr. Ed Elliott of Roxie Avenue.  He stated he did not understand the ordinance and felt he kept his area clean enough and it did not smell.  He requested the ordinance be clarified.
	The City Attorney responded by reading the ordinance as requested by the Mayor.
	Mr. Harold McNeill, 1867 Gola Drive, also appeared in opposition.
	Mrs. Bettie Joe Goodenough appeared and requested that the leash law be enforced to keep the dogs home or picked up by authorities.
	Councilmember Evans offered motion to adopt the ordinance.  Councilmember McBryde seconded upon the condition that it would be decided who would enforce the ordinance.
	Mayor Hurley asked for Mr. Smith to give his recommendation concerning the enforcement.  Mr. Smith recommended to either have an agreement with the County that either the Health Department or the County Animal Control enforce this ordinance or, if the City is to enforce it, we consider reinstitution of the dog tax and hire the necessary personnel from that source of revenue rather than giving the duty to an existing department that is supported out of the general tax rate.  Mr. Smith further stated he feels we should not pass an ordinance that we cannot enforce due to the priorities of the Police Department.
	Councilmember Evans expressed her concern for the Police Department being so strained for personnel that there is not enough personnel to enforce an ordinance that needs to be made.
	There was then some discussion by Council about the enforcing agency needing to be a sworn officer but Mr. Cogswell responded that this would be a civil matter rather than a criminal matter and citation could be issued, payable within 48 hours.
	Mrs. Evans amended her motion by moving to approve the recommendation of the Committee and adopt the ordinance for dogs and cats, except the provision as to the enforcement agency.
	Councilmember Dawkins offered a substitute motion to table the action until City administration comes back with all the information they can and contact the appropriate agencies to enforce this ordinance, seconded by Councilmember Wofford and carried with Councilmember Jones, Evans, and Felton voting no.
3.	Planning Board Matters:
A.	Consideration of the second reading for rezoning from R10 Residential District to R6 Residential District for an area located at 116 Country Club Drive.   Mr. Mitchell stated that this was up for approval of the second reading on R6 rezoning.
	Mr. David Godwin appeared before Council requesting that R5A rezoning be considered.  Cathy Butler appeared and asked Council if trailers would be able to be put in this area under this zoning.  Mr. Mitchell responded by saying that unless they had three acres of land they could not put trailers in this area and there was only 1½ acres there.
	Councilmember Evans offered motion to approve the R6 rezoning on the second reading, seconded by Councilmember Jones and carried with Mayor Hurley and Councilmembers McBryde and Wofford voting no.
	After Mrs. Evan's motion and Mr. Jones' second, the second reading failed with a 2 to 5 vote.  Mayor Hurley and Councilmembers McBryde, Wofford, Dawkins, and Felton voting no.
	At this time, Councilmember Felton requested a revote.  Mayor Hurley repeated the motion which was, Councilmember Evans moved to approve the second reading of the R6 rezoning, seconded by Councilmember Jones and carried with a 4 to 3 vote.  Mayor Hurley and Councilmembers McBryde and Wofford voting no.
4.	PWC Matters:
A.	Consideration of bids for purchase of 200,000 of 1/C-1/0 Solid 3/4 HD Aluminum, 260 Mil EPR, Full Neutral, Jacketed Cable.  Tim Wood was unable to be at the meeting tonight due to illness in the family and the City Attorney requested that Council delay decision until he is able to discuss this with Mr. Wood.
	Councilmember Wofford offered motion to follow the Attorney's recommendation to delay this matter, seconded by Councilmember McBryde and carried unanimously.
B.	Consideration of bids for construction of 16" water distribution main along Andrews Road.
C.	Consideration of bids for purchase of miscellaneous transformers.
	Councilmember Wofford offered motion to approve items B and C as recommended, seconded by Councilmember Evans and carried unanimously.
5.	Presentation by Arts Council.  Mrs. Joan Allen, Arts Council Board, appeared on behalf of Mr. Herb Thorpe, president of the Arts Council and unable to be at the meeting tonight.  She stated that the Arts Council is asking the City of Fayetteville to join the County of Cumberland in matching a major grant from the National Endowment for the Arts.  The minimum grant from the Endowment is $150,000 to be matched 2 to 1 by new funds from local governments.  The grant monies, a total of $450,000, would come in over three years starting in 1987 and would be used to support and promote the arts in the Fayetteville area.  The Arts Council is requesting $100,000 from the City and $200,000 from the County over four fiscal years.  The City's share would be:  $16,667 - FY 86-87; $33,333 - FY 87-88; $33,333 FY 88-89; $16,667 - FY 89-90.
	The grant can be used for:  Regranting to professional artists and arts organizations of high quality; facility development; presenting performances, exhibitions, and residencies; building audiences; providing technical assistance and services.  As grant applicant, the Arts Council would administer the grant and would be responsible for reporting and evaluating the success of the project. In summation, Mrs. Allen stated that the Arts Council is asking the City for $100,000, and major investment in the long-term growth of our community.
	Carolyn Weaver, Executive Director for the Arts Council, explained the process that the NEA has required in the grant application.
	Frank Barragan, Jr. also appeared before Council stating that he had worked with the Arts Council on the Fund Raising Drive and he asked Council to approve this request.
	Mrs. Evans expressed her concerns for spending City dollars at this time other than the priority obligations this City already has.
	There was lengthy discussion.
	Councilmember Felton offered motion, seconded by Councilmember Wofford, to comply with the request of the Arts Council.  Motion carried with Councilmember Evans voting no.
6.	Consideration of the following Airport Matters:
A.	Approval of supplemental Agreement Number 12 between the City of Fayetteville and Wilbur Smith and Associates, concerning engineering services related to expansion of an air carrier apron.
	Councilmember McBryde offered motion to approve the supplemental Agreement Number 12 between the City of Fayetteville and Wilbur Smith and Associates subject to FAA final approval as recommended and carried unanimously.
B.	Approval of Federal Aviation Administration's Grant Officer; FAA AIP 3-37-0021-07, Master Plan Update.
	Councilmember Wofford offered motion to approve the above recommendation, seconded by Mrs. Evans and carried unanimously.
7.	Consideration of approval of revised fire service contracts with Westarea Volunteer Fire Department.  This item was presented by Roger Stancil following annual review of the service areas, the following recommendations were made.
	1.	The Fire Contracts involving the Hilton Drive area and the three smaller areas off Raleigh Road would be determined and the City would assume full responsibility for fire service in these areas which are within the service radius of City Fire Station No. 3 located on Rosehill Road.  Westarea would waive all requirements for contracting with volunteer fire departments under the annexation studies.
	2.	The contract for College Lakes would remain as is - Westarea continuing to provide full responder service until June 30, 1989, unless changes are mutually agreed upon.
	3.	The city would enter two new contracts with Westarea Volunteer Fire Department for the provision of fire service in areas known Ascot I and McArthur Place.  These contracts would also terminate June 30, 1989. The Board of Directors of Westarea Volunteer Fire Department concur with these recommendations and the two Fire Chiefs have been working on the details of the transition so that the changes would be effective immediately.
	Councilmember McBryde offered motion to approve the revised Fire Service Contracts as recommended, seconded by Councilmember Jones and carried unanimously.
8.	Consideration of the following budget items:
A.	Capital Project Ordinance Closeout CLO 86-1 (CAP 9 - Transit Garage).
B.	Budget Ordinance Amendment Change 86-6 (Miscellaneous items - Police-I.D. Bureau revenues, Community Development Revision, Tax District Contract - Ed Turberg, Airport land purchases)
C.	Capital Project Ordinance Amendment Change 86-7 (Salary transfer for merit increases, Workers Compensation, miscellaneous transfers)
	John Smith presented these items and stated that on Item C there was a typographical error under the Expenditures column.  The Engineering Department was omitted and the amount of the Engineering Department is shown under the Inspection Department.  It should read Inspection Department $7,699 and the Engineering Department should be $22,352.  The total at the bottom is correct. Mr. Smith also stated that Item C should read Budget Ordinance Amendment rather than Capital Project Ordinance Amendment.
	Motion was made by Councilmember Wofford, seconded by Councilmember Evans, to approve Item 8 A, B, and C with the corrections as recommended on Item C. Motion carried unanimously.
9.	Consideration of bids for an ornamental iron security fence for the U.S. Postal Service.
	Mayor Hurley and Council commended everyone who had worked on this project for all their hard work, especially Suzan Cheek.  Mr. Smith presented this matter stating that the contract for the fences are to be administered by the City, with the Post Office paying for the actual construction.  His recommendation is to award this contract subject to the written assurance of reimbursement to the City by the Post Office.
	Motion was made by Councilmember McBryde, seconded by Councilmember Wofford, to award the contract to Phillips Ironworks in the amount of $27,770.55 subject to written assurance from the Post Office of reimbursement to the City. Motion carried unanimously.
10.	Delegations or individuals wishing to address Council:
	Mr. Charles Willis, 3485 Thamesford Drive, appeared before Council concerning an easement that borders his property.  He presented pictures of the area and stated that he has been trying for 2½ years to get this situation straightened out.  Mr. Willis said he thought that inserting a pipeline would help to alleviate the problem of the erosion from the water going across the vacant lot adjoining his property.
	Mr. Smith responded by recommending that Mr. Willis petition for piping and staff will contact the owner of the other lot to also petition.  If the other party does not petition, staff will come to Council with a recommendation for piping to be ordered and both sides assessed under the normal assessment policy, which is each property owner paying 25 percent and the City paying 50 percent.
	Bertha Melvin Grady appeared before Council with a concern for the danger at the school zone on Murchison Road and Jasper Street.  She requested that the blinking light during school hours be extended to the intersection at the Piggly Wiggly store.  Mrs. Grady also requested that the 18-wheel trucks be rerouted during school hours.  She had personally observed several near accidents at this location.
	Mr. Smith responded that the City Engineer will check into the school zone but the other matter concerning the trucks would have to be taken up with NCDOT.
	Mrs. Addie B. McMillan, 1710 Bridger Street, appeared before Council concerning a drainage ditch between her property and another property owner that is very deep and needs to be cleaned of rocks and brush.  Also she was concerned about getting someone to cut and clean the brush on her property.  Council asked Mrs. McMillan to give her information to Mr. Bennett, the City Engineer, to follow up.
	Mr. Ben Watson, 1430 Skycrest Drive in Glendale Acres, appeared before Council with his concerns over the Marlborough Road traffic hazard for the children and elderly in the area.  He suggested that a stop sign can be put up that would help slow drivers down because they are not observing the speed limit through that dangerous area.  Council requested that Mr. Watson circulate a petition to be signed by the neighbors for the stop sign.
	Police Chief Hansen was recognized and Councilman McBryde made reference to the donation for bulletproof vests by the Board of Realtors.  Mr. McBryde inquired as to how many vests this would purchase.  The Chief responded that the donation would purchase approximately four or five of the type vest they need.
	Councilmember Jones asked Chief Hansen how many police officers he was short in his quota.  The Chief replied that he had full strength authorized but some are in schools or training but not actually on the road or the street at this time.
11.	Administrative Reports:
A.	Liability Insurance for Airport.
	Mr. Smith presented options to this matter.  Council agreed to hold discussion and action on this item until a later date.
B.	Status of Annexation Plans.
	Mr. Smith stated that the materials he had sent to Council should be self-explanatory on this matter.
C.	Status of North Carolina League of Municipalities Liability Insurance Program.
	Mr. Smith requested a special meeting to discuss this item.  The meeting was set for April 14, 1986, 7:00 pm., City Hall Council Chamber.
D.	Other.
	Mr. Smith reminded Council of the April 22 League of Municipalities Regional meeting at the Holiday Inn at 10:00 a.m.
12.	Matters of Interest to Council:
	Councilmember Evans stated that she had been contacted by a lady, senior citizen, who resides behind Ed's Auto Service on Raeford Road.  The citizen expressed her concern for the oil spilling and running in front of their house from the auto service store.  Also, the accumulation of tires around that area.  Mayor Hurley responded to Mrs. Evans that he also had been contacted and had been working on this same citizen's complaint for the past two years.  The Inspections Department had been sent to this location on several occasions and could find no oil spillage each time or any other violations.  The Mayor scheduled a meeting approximately one month ago with the Health Department and Inspections Department and invited she and the neighbors to this meeting but the lady called and said she did not wish to attend.
	Councilmember Jones requested that a letter of appreciation be sent to Mrs. Theresa Clark regarding the renovation of the store front next to the Fayetteville Little Theatre.  Parts of the old Alexandra Graham School were used to make the beautiful store front that is there now.  He also commended Mrs. Sue Bandy for her work on the Haymount area beautification.
	Mayor Hurley reminded everyone of the opening of the Dogwood Festival to be Thursday, April 10, at noon.  The Bond Referendum Task Force has its first scheduled meeting on Wednesday, April 9, at the Cumberland Community office. Mayor Hurley thanked the police officer for being present at the meeting tonight.
	Councilmember McBryde offered motion, seconded by Councilmember Dawkins, to adjourn into executive session for a litigation matter at 9:45 p.m.
	The executive session was adjourned and the regular meeting reconvened at 10:00 p.m.
	The City Attorney requested Council to authorize the contract at the standard rate of $75.00 plus out-of-pocket expenses for L. Stacy Weaver, Jr. to represent the City of Fayetteville and John Smith in the case of Rodriguez vs. Shupe & Scearce, et al.
	Councilmember Wofford offered motion, seconded by Councilmember McBryde, to follow the City Attorney's request and carried unanimously.
	There being no further business, the meeting was adjourned.
SPECIAL MEETING
MONDAY, APRIL 14, 1986
	SPECIAL MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, APRIL 14, 1986
	7:00 P.M.
MEMBERS PRESENT:	Mayor Hurley
				Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Milton Wofford, Jimmy Jones, and Emaretta Felton
OTHERS PRESENT:	John P. Smith, City Manager
				Roger L. Stancil, Assistant City Manager
				Robert C. Cogswell, Jr., City Attorney
	The invocation was given by Councilmember J. L. Dawkins and the Mayor led in the Pledge of Allegiance.
	Mayor Hurley reminded everyone of the basketball game with the Youth Council on April 15, 1986, at 7:30 p.m. at the Fayetteville Academy Gym.
1.	Consideration of bids for purchase of 200,000 of 1/C-1/0 Solid 3/4 HD Aluminum, 260 Mil EPR, Full Neutral, Jacketed Cable.
	Mr. Tim Wood presented this item and stated that they had discovered, upon reexamination of bid proposal, that Eastern Electric Supply, Inc. failed to comply with specifications in that a “Qualification Test Report” had not been submitted with the proposal as required in Section 10.3 of the Specifications. Therefore, PWC is requesting award of bid to the low responsible bidder, Mill-Power Supply Company.
	Councilmember Wofford offered motion, seconded by Councilmember Dawkins and carried unanimously to award to the low responsible bidder as recommended by PWC.
2.	Consideration of adoption of resolution of participating in the North Carolina League of Municipalities General Liability Program.
	Mr. John Smith presented staff's suggested advantages and disadvantages for this type of program.  A particularly strong advantage would be the potential return to the City for good claims experience.  Also, the Public Works Commission could participate in this program as an agency of the City.  Mr. Smith recommended that the resolution be adopted with one correction at the end of the first paragraph, by adding the words “subject to approval by the Fayetteville City Council of the first year's premium.”
	Councilmember Wofford moved to adopt the resolution with the addition to the first paragraph to read “subject to approval by the Fayetteville City Council of the first year's premium,” seconded by Councilmember Dawkins and carried unanimously.
	RESOLUTION OF INTENT TO PARTICIPATE IN THE INTERLOCAL RISK FINANCING FUND OF NORTH CAROLINA.  RESOLUTION NO. R1986-49a.
3.	Consideration of cancellation of fire service contract with Bonnie Doone Fire Department.
	Mr. Roger Stancil presented this item and stated that he was notified by the Bonnie Doone Fire District that effective April 17, they intend to close station 8 and serve this area from Station 9 on Yadkin Road.  This station is 1.95 road miles from the nearest point of service area and 3.1 miles from the furthest point.  Chief Johnson and Mr. Stancil recommend that the contract with Bonnie Doone Fire District for this area be terminated effective April 17, 1986, in accordance with paragraph 8 of the contract.  Fire protection would then he provided by the City's Station 6 located on Cliffdale Road.  This station is .6 road miles from the nearest point of the service area and 1.5 road miles from the furthest point.
	Council recognized Mr. Hubert Barkley, Chairman of the Board of Volunteer Fire Departments.  Mr. Barkley stated that they realized the City is closer but they were concerned with the money situation, in that their budget had already been set up.  Mr. Barkley stated he felt that with the mutual aid they have with the City and the City responding to the calls also, he does not feel the extra time it takes to arrive from the further distance would be substantial.
	Following discussion, Councilmember Evans offered motion, seconded by Councilmember McBryde and carried unanimously to follow the recommendation of staff to cancel the contract with the Bonnie Doone Fire Department.
	Mr. Tim Wood was excused at approximately 7:45 p.m.
4.	Consideration of property lease with BB&T.
	Mr. Smith presented this item and stated that this was known as the old “Belk” property.  BB&T has made an offer to purchase this property that is located next to their location on Hay Street contingent upon negotiating a lease agreement between the bank and the City.  The general provisions of the lease are a 20-year term lease, and the City agrees to pay $30,000 to the bank for the lease and construct and operate a public parking lot on the site at the cost of approximately $120,000 and in the event the property is sold, the City would receive 1/20 of its lease payment and 1/20 of its investment of the improvements for each year remaining on the lease.
	Councilmember Evans offered motion to approve the lease with the monies coming from the pedestrian linkage project, seconded by Councilmember Jones and carried unanimously.
5.	Consideration of the awarding of a contract for restoration of Barges Tavern and approval of Amendment of the Lease with Cumberland County for Barges Tavern.
	Mr. Smith stated that the lease which the Convention and Visitors' Bureau now has with the City provides that their lease payments would be made monthly for a three-year lease.  The Bureau has agreed to pay the full price of the three-year lease as a lump sum at the start of their occupancy in September in return for an extra year of occupancy at no cost.  Mr. Smith stated these funds would be credited to the project budget and will result in a sufficient amount to fund the entire restoration program.
	Following discussion, Councilmember Jones offered motion, seconded by Councilmember Felton to award the contract to the low bidder of Bullard Construction Company in the amount of $130,266 subject to obtaining a signed lease for the up-front payment, carried unanimously.
6.	Consideration of landscape plan for the 500 Block of Hay Street.
	Mr. Ed Upchurch, with HCA, was recognized and presented landscaping plan for the 500 Block using displays of drawings and photographs.
	Mr. Smith stated that part of the sales agreement between HCA and the City referred to the right-of-way along Robinson, Franklin, and Winslow Streets.  The agreement gave the City the right to repurchase additional right-of-way along these streets within five years of the sale of the property to HCA at the original purchase price.
	HCA agrees to pay for landscaping improvements in the right-of-way.  They are asking that the City replace the sidewalks leaving space for trees and install the irrigation system.  HCA will agree to provide the water.  Mr. Smith recommended that we use the sidewalk funds to install the sidewalks and irrigation system and that some of the local funds remaining in the Transit Mall project be reserved for the right-of-way purchase.
	Councilmember Evans offered motion, seconded by Councilmember McBryde to approve the HCA plan for landscaping the 500 Block, authorize the taking of informal bids and awarding contracts for the sidewalks and to set aside funds from the Transit Mall leftover local share to repurchase the rights-of-way. Motion carried unanimously.
7.	Consideration of Council Chamber renovations.
	Mr. Stancil presented the plans and recommended the Plan B which showed an isle through the middle of the Council seats and a screen on the back wall. There was some discussion on the renovation plans.  Councilmember McBryde offered motion to adopt Proposal B seconded by Councilmember Jones and carried unanimously.
8.	Executive Session to discuss property acquisition and litigation.
	Councilmember Jones offered motion, seconded by Councilmember Felton to go into Executive Session at 8:32 p.m.
	Council reconvened into regular session at 8:50 p.m.  The City Attorney stated that in the case of Paul Warner vs. City of Fayetteville, number 86-27-CIV-3 in Federal District Court, he had received a request from former Chief Dixon and from City Manager John Smith for representation.  Mr. Cogswell recommended that we retain and contract with George Miller at $75 per hour with the normal out-of-pocket expenditures to represent Chief Dixon and a similar contract with Mr. Phillip Van Hoy to represent Mr. John Smith and the City.
	Councilmember Evans offered motion, seconded by Councilmember Felton and carried unanimously to follow the recommendation of the City Attorney to contract with George Miller and Phil Van Hoy.
	There being no further business, the meeting was adjourned at 8:53 p.m.
REGULAR MEETING
MONDAY, APRIL 21, 1986
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, APRIL 21, 1986
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Mildred Evans, J. L. Dawkins (7:55 p.m.), Milo McBryde, Jimmie Jones and Emaretta Felton
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager 
		Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and issued a welcome to all present.  Mayor Hurley then introduced the minister offering the invocation from the Ebenezer Bible Church, Albert Bean.  Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley then stated that Councilmember Dawkins would be arriving at the meeting late due to the illness of his wife.  Mayor Hurley then introduced Youth Council Members Amy Bond and Crystal Davies.
	Mayor Hurley stated that the City Attorney bad requested an executive session for litigation at the end of this meeting.
	Councilmember Evans requested to abstain on Item 5 and Councilmembers McBryde and Wofford requested to abstain on Item 9.
1.	Consent:
	Councilmember McBryde offered motion, seconded by Councilmember Wofford to approve Items A through D, carried unanimously.
	The consent items appear below:
A.	Approval of an amendment to Concession Agreement between the Fayetteville Airport Commission and Thornton and Stefanovich Rentals, Inc., (D8A as Dollar Rent A Car).
B.	Approval of an Assignment of Service Area Lease Agreement, Rents and Profits, between the City of Fayetteville and Hill-Beason, Ltd., which formalizes lease agreements with Hill-Beason, Ltd.
C.	Approval of Amendment No. 1, Hill-Beason, Ltd., and Lambda Aviation, amending the present lease agreement which expires April 14, 1986.
D.	Approval of amendment to Interlocal Agreement between the City of Fayetteville and Cumberland County School Board.
2.	Public Hearings:
A.	Consideration of a resolution requiring the paving without petition and ordering the extension of the sanitary sewer collection system and water distribution system of and into Hilton Drive from 71.4 feet northwest from Lot 42, Plat Book 22, Page 24, Cumberland County Registry to the southwestern corner of Lot 4, Plat Book 25, Page 28, Cumberland County Registry and a resolution accepting offer of dedication.
	Mr. Bennett presented this item and stated that all the property owners have been notified of this public hearing.  Mr. Bennett stated that the City has received an offer of dedication for a portion of Hilton Drive.  The acceptance action is in conjunction with another recommended Council action, and that is to approve the extension of the sanitary sewer, water mains and paving this portion of Hilton Drive.  Mr. Bennett recommended acceptance by the adoption of the resolutions.
	Rebecca Person, attorney for the owners of three lots appeared in favor of the request for the streets to be paved.
	Mr. Carl Barbour appeared in opposition to the paving assessment stating that he already has paving in the front and would not benefit by adding pavement in the rear and being assessed for that paving.
	Councilman Jones asked if citizens were assessed for paving or water and sewer when they would not benefit from it.  Mr. Smith responded that this action tonight only orders the work to be done and the assessment would he heard at a later meeting.
	Councilmember McBryde offered to adopt the resolution to authorize acceptance of the portion of Hilton Drive and to adopt the resolution for the utilities and paving, seconded by Councilmember Wofford and carried unanimously. The resolution titles are:
	RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PORTION OF HILTON DRIVE. R1986-50.
	FINAL RESOLUTION REQUIRING THE PAVING WITHOUT PETITION AND ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM FOR HILTON DRIVE.  R1986-51.
B.	Consideration of the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 209 Cheselka Street.
	Mr. Mitchell presented this item and stated that the Planning Board recommends approval.
	Mr. Johnny Hall, co-owner and petitioner, has contacted all the surrounding property owners and has a petition signed by those in favor of the rezoning, and there were no objections from surrounding property owners.  Mr. Hall stated they intend to put a real estate and small insurance office on this location.
	Councilmember Jones stated that he had talked with one gentleman who was in opposition to the rezoning and could not be at the meeting tonight due to having another meeting scheduled.  Councilmember Evans offered motion to follow the recommendation of the Planning Board and rezone from R6 to P2, seconded by Councilmember Wofford and carried with a vote of five to one, Councilmember Jones voting no and Councilmember Dawkins being absent.
C.	Consideration of an application by Charles S. Hester for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-27, Item (1) to operate a children's day care facility in a P2 Professional District and M2 Industrial District for an area located on the south side of Morganton Road, west of US 401 Bypass. (Skibo Road).  Mr. Mitchell presented this item and stated that the Planning Board recommends approval subject to conditions.  (Copy of memo from Planning Board showing conditions is attached to original minutes.)
	Mr. Charles Hester, petitioner, appeared in favor of the day care center special use permit.
	There was no one in opposition in attendance.
	Councilmember Wofford offered motion to follow the recommendation of the Planning Board to approve with conditions and if it is found by the City Council that the use shall fit into the character of the area where it is to be located and that such use is not detrimental to the surrounding area.  Motion seconded by Councilmember McBryde and carried unanimously with Mr. Dawkins absent.
	Mayor Hurley stated that this would be a beautiful addition to the neighborhood.
3.	Planning Board Matters:
A.	Consideration of the rezoning from R5 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located on the east side of “B” Street, on both sides of Minor Street.
	This item was presented by Mr. Mitchell.  He stated that this matter was brought before Council on February 3, 1986 and Council delayed action until this April 21 meeting to see if any more lands were brought in.  There has not been any more brought in, and Planning Board recommends denial.
	Councilmember Wofford offered motion to follow the recommendation of the Planning Board and deny the request, seconded by Councilmember Evans and carried unanimously with Councilmember Dawkins absent.
4.	Consideration of the following Resolutions of Condemnation:
A.	Consideration of resolution authorizing condemnation of parcel of land for Moore/Bruner Street right-of-way - Parcel N-10.
B.	Consideration of resolution authorizing condemnation of the following parcels of land for Tolar/Barnes/Barrett Street right-of-way:
	1.	Parcel N-3
	2.	Parcel 5-1
C.	Consideration of resolutions authorizing PWC to condemn sewer line rights-of-way across the properties of Robert B. McMahan and wife, Ora J. McMahan, and Ralph Lewis Holston and wife, Renate Peters Holston.
	Councilmember McBryde offered motion to adopt resolutions for condemnations on Items A, B, and C, seconded by Councilmember Evans and carried unanimously with Councilmember Dawkins absent.  The resolution titles are listed as follows:
	RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY - MOORE/BRUNER STREET, PARCEL N-10.  R1986-52.
	RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY - TOLAR/BARRETT/BARNES STREET CONSTRUCTION, PARCEL N-3.  R1986-53.
	RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY - TOLAR/BARRETT/BARNES STREET CONSTRUCTION, PARCEL S-1.  R1986-54.
	RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF ROBERT B. MCMAHAN AND WIFE, ORA J. MCMAHAN.  R1986-55.
	RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF RALPH LEWIS HOLSTON AND WIFE, RENATA PETERS HOLSTON.  R1986-56.
5.	Consideration of list of streets for resurfacing.
	Mr. Bennett presented a list of the streets selected for resurfacing and stated that two streets had been omitted from this list and would be added. They are Hillside Avenue and Athens Avenue.
	Councilmember McBryde offered motion to approve the resurfacing list as submitted with the addition of Hillside and Athens Avenues added to the list, seconded by Councilmember Felton and carried unanimously with Councilmember Evans abstaining and Councilmember Dawkins absent.
	(A copy of the list of streets for resurfacing is attached to these minutes.)
6.	Consideration of a request for City participation in sidewalk construction in Great Oaks subdivision.
	Mr. Bennett presented this item and stated that the developer and owner, Sol Rose, is requesting City participation in the sidewalks.  The proposal is to construct sidewalks on each side of the cul-de-sac street, and since the City policy puts a high priority on construction of sidewalks along one side of thoroughfare streets, Mr. Bennett stated he recommends that this request be approved conditionally:  That the developer construct sidewalk. (with the usual City participation) along Morganton Road and that the present budgeted funds for the sidewalk construction has been committed; therefore, City participation in this project is contingent upon funds being approved in the upcoming budget year.
	Following some discussion, Councilmember Evans offered motion to follow Staff's recommendation, seconded by Councilmember Felton to approve the sidewalks in the Great Oaks Subdivision and on the Morganton Road, carried unanimously with Councilmember Dawkins absent.
7.	Consideration of revision of fees and charges for City Parks.
	Jack Wilson of the Parks and Recreation Department presented this item and stated that the current fee and structure was initially adopted by City Council in April of 1983.  He stated that the fee increases are relatively minor and, in his opinion, very reasonably; however, for those who are financially disadvantaged, they will maintain the existing policy that provides appropriate relief. (A copy of the proposed revision of the fees and charges summary is attached to the original minutes.)
	Councilmember Jones offered motion, seconded by Councilmember Felton to follow the recommendation of the Parks and Recreation Advisory Commission and revise the fees and charges of the City's parks, carried unanimously with Councilmember Dawkins absent.
	Councilmember Dawkins entered the meeting at 7:55 p.m.
8.	Consideration of request from NCDOT for allocation of excess 9A UMTA Capital Grant Funds.  Mr. Stancil presented this matter.
	Councilmember Wofford offered motion, seconded by Councilmember Evans and carried unanimously to allocate $52,320.00 to the governor so that they may be put to use in support of public transportation systems in other parts of the State.
9.	Consideration of amendment of contract with Paul C.K. Lu for design of Pedestrian Linkages.  Mr. Smith presented this item and recommended approval of the amendment of the contract.  (A copy of Mr. Smith's letter with his recommendations is attached to this set of minutes).
	Following brief discussion, Councilmember Evans offered motion to follow the recommendation to approve the amended contract with Paul Lu, seconded by Councilmember Wofford and carried unanimously with Mr. McBryde abstaining.
10.	Delegations or individuals wishing to address Council:
	Bettie Joe Goodenough appeared before Council stating that several restaurant owners in the downtown area were very upset because of the competition that they had received during different functions in the downtown area by the City Parks and Recreation truck selling food in competition with their business.  Council will have staff check into this and possibly set up a policy regarding this situation.
11.	Appointments.
	Nominations to fill one vacancy on the Board of Appeals on Dwellings and Buildings.
	Councilmember Evans nominated John Mitchell.
12.	Administrative Reports.
A.	Statement of taxes collected for the month of April, 1986, from the Cumberland County Tax Collector.
	Mr. Smith presented the statement of taxes collected for the month of April, 1986, from the Cumberland County Tax Collector.
B.	Report on Affirmative Action Plan.
	Mr. Smith stated that the City has been operating under the Volunteer Affirmative Action Plan since 1978.  We submit annually a report to the Equal Employment Opportunities Commission.  Most significant progress has probably been in the Fire Department as far as minority hiring and promoting.
	Carol Parker made a presentation.  She stated that there were several success stories from 1980 to 1985.  One thing that had been done was the implementing of several programs for recruitment and the change of the city charter for hiring and firing of the City Police Department by the City Manager. This changed recruitment to be done by the City Personnel.  Also, those programs have resulted in major increases in hiring females and minorities.  New positions and promotions have been accomplished in the protective field: increases since 1980 were Police, 19%-28% and the Fire Department, 5%-12% blacks. Since 1983, we have hired 20 females and still have 17 of those in employment. There are several success stories in promotion through the ranks.  This resulted by the offering of training and openings being made available.  In the Police and Fire Departments, there have been black sergeants promoted to the ranks of Major, Captains and Lieutenants.  We have the first two female Police Sergeants. The City Clerk was promoted in ranks.  The first female Sanitation Route Inspector.  A Secretary rose to Superintendent of Support Services. A black female from mailroom to Police Research Analyst, and a female General Inspector in the Inspections Department promoted to Safety Director.  Mention was also made of Suzan Cheek being appointed Assistant City Manager for Economic and Community Development and Gerald McPhail being Administrative Assistant to the City Manager.
C.	Reports from Engineering Department.
	Mr. Bennett presented a follow-up of several situations that arose at a previous meeting:
	1.	The citizen with the drainage problem on Thamesford Drive.  Mr. Smith, worked out with him that since he did not want to participate up front with the City policy on drainage, then he could petition for it and has been furnished a petition but has not returned it.
	2.	Regarding the school crossing, speeders on Murchison Road, Mr. Chalmers had met with the crossing guard (who was not the complainant) and the Police Officer in charge of the school crossings.  It was determined that there was no advantage to expanding the school zone.  The Police Department will perform spot enforcement of speeders on a regular basis.
	3.	The resident concerned with the speeding on Marborough Street has received a petition to be circulated for additional stop signs in this area.
	The City Attorney stated that he had concerns about the indoor shooting range and had contacted Fort Bragg who will send literature for him to review and come back to Council with his findings.
	Mr. Cogswell also reminded Council that they needed to cancel their regular information meeting that had been scheduled for April 28.  Councilmember Dawkins offered motion, seconded by Councilmember Wofford and carried unanimously to cancel the information meeting of April 28, 1986.
13.	Matters of Interest to Council.
	Councilmember McBryde stated he had received a call from a City employee who could not seem to get her statements from the military credit union and asked staff to check into this.  However, it was established that the military credit union was a different credit union from the Bragg Mutual Credit Union that the employees participated in.
	Councilmember Dawkins stated that the first block of Village Drive, crossing Owen Drive, beside the Bordeaux Shopping Center looked to be in need of repair.  Mr. Bennett responded that the State is going to do the work within the next two or three months.
	Councilmember Evans stated that a citizen had contacted her that wanted to build a wall or fence on the back of his lot higher than allowable by the City's policy.  She requests that the Policy Committee look into the present ordinances concerning the fences to see what can be done to help those who need a higher fence.  There will be a Policy Committee meeting at 7:00 p.m. on Monday, April 28, 1986.
	Councilmember Wofford stated that in reading the letter from UMTA, it stated that there was no participation in the non-participatory planning grants for commercial type projects.  Councilman Wofford stated that he would like to have staff check into a trolley being run from the Olde Fayetteville Commons to the new Marketplace Mall.  It was his understanding that UMTA would pay 100% on this type planning grant.  Council was in agreement.
	Mayor Hurley reminded Council that the City would be hosting approximately 100 representatives at the League of Municipalities meeting to be held on Tuesday, April 22, 10:00 at the Holiday Inn.  The Mayor also recognized one of the uncontested City Councilmembers in the upcoming election, Mr. Thelbert Torrey.  The Mayor also thanked the Police Officer for being present at the meeting.
	Councilmember Wofford offered motion, seconded by Councilmember Dawkins, carried unanimously, to go into executive session for litigation and personnel matters at 8:45 p.m.
	Council reconvened into regular session at 9:00 p.m. and there being no further business, the meeting was adjourned.
SPECIAL MEETING
FRIDAY, MAY 2, 1986
	SPECIAL MEETING
	KYLE HOUSE CONFERENCE ROOM
	FRIDAY, MAY 2, 1986
	12:00 NOON
Present:	Mayor Bill Hurley
		Councilmembers Milo Wofford, Mildred Evans, J  L. Dawkins, and Emaretta Felton
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order at 12:20 p.m. and offered the invocation.
	Mayor Hurley recognized Mr. Russell Schwarz, father of John Schwarz from St. Charles, Missouri.  He then introduced Mr. John Schwarz, who was here to answer questions from Council regarding his plans for the Prince Charles Hotel renovation.  Mr. Schwarz introduced Mr. Phillip VanderMyde of Duberry and Davis Architects, Fairfax, Virginia, who presented the conceptual master plan for the Prince Charles Hotel.
	Mr. VanderMyde displayed a drawing of their long-range plans showing the existing Prince Charles with hotel expansion.  He stated that they plan for an entertainment lounge, a retail area, office space with approximately 50,000 square feet, the Historic Railroad Station to be used as a restaurant, and approximately 100 units of apartments in the hotel.
	Mr.  Schwarz stated that should the hotel fail as a hotel, then he has plans for converting the hotel into low-to-moderate income housing and wants the City to take over the rental for $1.2 million per year until a 25 year bond is retired if the project fails commercially.  The estimate to convert from the hotel to the low-to-moderate income housing was approximately one-quarter of a million dollars.  Mr. Schwarz would have this amount in escrow for that purpose.  The City's liability would dissolve if the hotel generates net income of 150 percent of its operating expenses for four of seven consecutive years after the first three years of operation.  Webb and Company of Lexington, Kentucky would be the developer of the hotel.
	Council had many questions for Mr. Schwarz.  Following lengthy discussion and questions, action was delayed until Wednesday night.  The meeting was adjourned at 2:30 p.m.
REGULAR MEETING
MONDAY, MAY 5, 1986
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, MAY 5, 1986
	7:00 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers Milt Wofford, Mildred Evans, J. L. Dawkins, Milo McBryde, Jimmie Jones, and Emaretta Felton
OTHERS:	John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and the Invocation was given by Father Kevin Fahey.  Mayor Hurley recognizes the two Youth Council members present at the meeting.
	Miss Heather O'Sullivan, Miss North Carolina Teenager, was recognized by the Mayor and he read a Resolution of Congratulations to her for representing Fayetteville as the Miss North Carolina Teenager.
	The Mayor stated that the City Attorney had requested an executive session for discussion of a litigation matter.
1.	Consent:
	Mr. Smith requested that Item N be pulled and put with Item 10 since they were related.  Councilmember Jones requested that Item G be pulled for discussion.
	Councilmember McBryde offered motion, seconded by Councilmember Dawkins to approve the consent Items excluding Items G and N, carried unanimously.
A.	Approval of minutes of regular meeting of April 7, 1986.
B.	Approval of a request for a refund of City taxes to David Mark Davis in the amount of $38.15.
C.	Approval of a request for a refund of City taxes to Contel Credit Corporation in the amount of $45.76.
D.	Approval of a request for a refund of City taxes to Helen Marie Horton in the amount of $9.78.
E.	Set Public Hearing for June 2, 1986, to consider the rezoning from C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the west side of Forsythe Street, North of Breezewood Avenue.
F.	Set Public Hearing for June 2, 1986, to consider the rezoning from C3 Heavy Commercial District to C2 Central Business District or to a more restrictive zoning classification than presently zoned for an area located at 112 Robeson Street.
G.	Pulled for discussion.
H.	Approval of bid awards to low bidders for purchase of the following (PWC):
		1.	One 28,000 lb. GVW Diesel Truck to U.S.I. Equipment Corporation.
		2.	One 55,000 lb. GVW Truck Tractor to Bennett's, Inc.
		3.	Two 43,000 lb. GVW Trucks, cab and chassis to LaFayette Motors, Inc.
		4.	One 28,000 lb. GVW Truck, cab and chassis to LaFayette Motors, Inc.
		5.	12,000 feet of 8-inch PVC water pipe to Pump and Lighting Company.
I.	Adoption of Resolution reaffirming policy on equal employment opportunity for the City of Fayetteville.
	RESOLUTION OF REAFFIRMING POLICY ON EQUAL EMPLOYMENT OPPORTUNITY FOR THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  RESOLUTION NO. 1986-57.
J.	Approval of request from Cross Creek Merchants Association for July 4th fireworks display.
K.	Approval of Capital Project Ordinance CAP 86-3 for Post Office Fence Project.
L.	Approval of Capital Project Ordinance Change 86-10 and Closeout 86-2.
M.	Set Public Hearing for June 2, 1986, to consider enactment of Downtown Fayetteville Low Interest Loan Agreement.
N.	Pulled and included with Item 10.
G.	Set public Hearing for June 2, 1986, to consider closing River Street from Person Street to South Racepath Street.
	Councilmember Jones stated that he feels that the street should not be closed but should be preserved because of its historical value.
	Councilmember Wofford offered motion, seconded by Councilmember Evans to set a Public Hearing for June 2 to consider this item.  Carried with Councilmember Jones voting no.
	PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE PORTION OF RIVER STREET.  RESOLUTION NO. R1986-58.
2.	Public Hearings:
A.	Consideration of closing Starling Street from Bragg Boulevard to Sigman Street.
	Mr. Bennett stated that this Item had been advertised, residents were notified of the Public Hearing and he recommends adoption of the Resolution.
	Mr. John Keith, petitioner, appeared in favor of the closing of Starling Street to enable them to revitalize their buildings that are now non-conforming. Mr. Jerome Clark also spoke in favor.
	There was no one in opposition present at the meeting.
	Councilmember Wofford offered motion, seconded by Councilmember Dawkins to adopt the Resolution closing Starling Street, carried unanimously.
	RESOLUTION AND ORDER CLOSING STARLING STREET.  RESOLUTION NO. R1986-59.
3.	Consideration of development agreements for the proposed Prince Charles Hotel Project.
	Mr. John Schwarz was recognized and he introduced Mr. Gary Smith, a local public relations professional.  Mr. Smith stated he was addressing Council as a citizen and property owner and he feels that we abandoned the downtown core over 12 years ago; therefore, a luxury hotel downtown will require a special relationship if it is to be successful.  Mr. Smith feels that in order for Mr. Schwarz to make such a commitment as will be necessary, we should also make some commitment.  He stated he knows of no business project that does not require a commitment.  There is risk already involved in many ways.
	Others than appeared before Council in favor of this offer were:  Bernie Rivenbark, CPA - citizen and property owner; Karen Rand, Chairman of the Public Affairs of Junior League; Horace Thompson, citizen and banker; Bert Ishie, retired educator; Mike Girone, Administrator of Highsmith-Rainey Hospital; Stacey Weaver, representing Olde Fayetteville Association; Joe Pillow, City Council candidate; John Rose; Fritz Helie, Chairman of Fayetteville Progress; Bruce Ratjhe, Hotel Management Firm from Raleigh; Mr. Lewis Lepper, businessman; and Don Wooster, General Manager of Green Tree Inn.
	Mr. David Lloyd, Offshore Drive resident, appeared in opposition to the proposal.  He stated he is not opposed to revitalization but is concerned that this is the last 11 acres left to plan for the downtown area and that Council should consider other alternatives, such as an auditorium.
	Also appearing in opposition was Mr. J. P. Riddle, businessman, and Mr. Jim Cherry, citizen.
	Mayor Hurley offered comments and gave the Holiday Inn along with other motels, as a good example of community support.  He stated that the core of Fayetteville was going to rot unless people have courage to make things happen.
	This project shows us that if there is a liability in the future, then there is income from the low-to-moderate housing to pay for the obligation.  Mayor Hurley further stated that the only thing we need now in downtown Fayetteville is to complete our mission and then sit back and make sure it continues to move the economic vitality.  He said it would not happen unless the City has faith in its future.
	Mr. Cogswell and Mr. Smith both stated that the process is possible but there are some more changes that need to be made in the documents before they can recommend them.
	Councilmember Wofford stated he is not in favor nor is he opposed to this proposal, but he feels we should not close the door.
	Councilmember Wofford offered motion to give staff one week with input from whomever they see necessary to bring into this and hammer the agreement out so that staff can return next Monday night with a proposal they think is reasonable, then Council can decide if we want to take the risk on the money side, seconded by Councilmember Felton.  There was then further discussion.
	Mrs. Evans stated that unless the liability is considerably reduced, she cannot vote for this project.
	Councilmembers Dawkins and McBryde both agreed they felt there were too many questions that needed to be answered.
	Mr. Cogswell asked to clarify his earlier statement regarding the changes in the contract and said that Mr. Schwarz was unaware that the changes that Mr. Cogswell had asked for previously were not in the documents he sent, and there would be more changes so Mr. Cogswell advised Mr. Schwarz's attorneys to wait until they receive the other changes.
	Following some further debate, Mr. McBryde called for the question and there was a vote of 7 to 1 to cease debate and vote on the motion, with Mayor Hurley voting no.
	Mayor Hurley repeated the motion by Councilmember Wofford, seconded by Councilmember Felton that the additional information be continued for one week. The motion was defeated 4 to 3 with Councilmembers Jones, McBryde, Dawkins, and Evans voting against the motion and Councilmembers Felton and Wofford and Mayor Hurley voting for the motion.
	Councilmember Dawkins stated he felt action should be taken on this proposal tonight and by voting against this particular proposal it would not affect any other proposal Mr. Schwarz might want to bring before Council in the future.
	Councilmember Wofford then stated that he felt that it would be a mistake of impatience more than anything else and he plans to vote against this motion, not because he is particularly in favor of this proposal but because we have not given the proposal enough time to develop itself in the proper manner and if the motion passes (to deny this proposal), then we will have taken one more step backwards in our downtown revitalization.
	Councilmember Dawkins offered motion that the City does not accept this particular proposal, seconded by Councilmember McBryde, carried 4 to 3 with Councilmembers Jones, McBryde, Dawkins, and Evans voting for and Councilmembers Wofford and Felton and Mayor Hurley voting against.
4.	Consideration of the following Resolutions of Condemnation:
A.	Authorization for PWC to condemn sewer line rights-of-way across the property of James Lloyd Elkins and wife, Ruby D. Elkins.
B.	Authorization for condemnation of Parcel 5-6 and N-8 for Twin Acres Drive right-of-way.
	Councilmember McBryde offered motion to adopt the resolutions for Items A and B, seconded by Councilmember Wofford and carried unanimously.
	RESOLUTiON AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF JAMES LLOYD ELKINS AND WIFE, RUBY D. ELKINS.  RESOLUTION NO. R1986-60.
	RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (TWIN ACRES DRIVE).  RESOLUTION NO. R1986-61.
5.	Consideration of “Resolution Identifying Areas Under Consideration” for annexation.
	Mr. Smith stated that the Resolution of Consideration simply identifies the areas to be considered for future annexation and that State law regulating annexation requires that this be done at least one year prior to initiating annexation.  The Statutes provide that this resolution remain effective for two years.  This time period lapse is May 21, 1986.
	Councilmember Wofford offered motion to adopt the resolution, seconded by Councilmember Evans and carried 6 to 1 with Councilmember Jones voting no.
	RESOLUTION IDENTIFYING THE AREA DESCRIBED HEREIN AS BEING UNDER CONSIDERATION FOR ANNEXATION.  RESOLUTION NO. R1986-62.
	A copy of the above resolution and a map showing the existing City-limit line is on file in the City Clerk's office in accordance with G.S. 160A-22.
6.	Consideration of  a request for prohibiting parking on a section of Cumberland Street.
	Mr. Bennett stated that this request had come from Burkhead-DeVane Printing Company because of large freight trucks and automobiles blocking their driveway preventing their trucks from leaving or entering.
	Councilmember Evans offered motion, seconded by Councilmember Felton to adopt the ordinance amending Section 20-106, Traffic Schedule Number II - Parking prohibited at All Times, carried unanimously.
	ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES.  ORDINANCE NO.  NS1986-5.
7.	Consideration of a change in stop intersection at Orchard Drive and Drayton Road.
	Mr. Bennett stated that they agree with the suggestion by the resident to allow the flow of traffic without interruption between these two streets rather than Orchard Drive traffic being required to stop at Drayton Road.
	Councilmember Dawkins moved to adopt the ordinance amending Traffic Schedule Number 6, Section 20-106, seconded by Councilmember Felton and carried unanimously.
	ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE TRAFFIC SCHEDULE NUMBER 6 - “STOP INTERSECTIONS.” ORDINANCE NUMBER NS1986-6.
8.	Consideration of bids for surplus City property.
A.	Vacant lot southwestern corner of Ashley and Ellis Streets.
	Councilmember Jones offered motion to adopt the resolution to sell the lot in question to Mr. A. B. Cain for the sum $650.00, seconded by Councilmember Evans and carried unanimously.
	RESOLUTION AUTHORIZING THE SELL OF CITY OF FAYETTEVILLE PROPERTY (VACANT LOT SOUTHWESTERN CORNER ASHLEY AND ELLIS STREETS).  RESOLUTION NO. R1986-63.
B.	Lot 6, E. E. Smith Subdivision, Plat Book 10, Page 5, Cumberland County Registry.
	Councilmember Wofford moved to adopt the resolution for the sell of the lot in question to Mr. Joe W. Horner, Jr. for the sum of $400.00, seconded by Councilmember McBryde and carried unanimously.
	RESOLUTION AUTHORIZING THE SELL OF CITY OF FAYETTEVILLE PROPERTY (CHASE STREET).  RESOLUTION NO. R1986-64.
9.	Report from Policy Committee.
	Mr. Mitchell stated that this was referred to the Policy Committee to define the non-solid fence or wall and to consider changing the height of the wall.  Councilmember McBryde stated that the Policy Committee had decided not to raise the height of the wall.
	Councilmember Evans offered motion to follow the recommendation of the Policy Committee and to send the changes to the Planning Board, seconded by Councilmember Wofford and carried unanimously.
10.	Consideration of Resolution requesting Bond Allocation for Sedberry-Holmes House.
	Mr. Cogswell presented this item and stated that he recommends that Council adopt the resolution that was given to Council at tonight's meeting instead of the one in the packets sent out previously in order to expedite this matter. The resolution that he presented is an inducement resolution whereas the other one is not.
	Councilmember Wofford offered motion, seconded by Councilmember Dawkins and carried unanimously to adopt the resolution and set the public hearing for June 2, as requested in item 1N.
	RESOLUTION OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, APPROVING THE APPLICATION FOR ALLOCATION FOR PRIVATE ACTIVITY BOND.  RESOLUTION NO. R1986-65.
11.	Consideration of approved routes for walks, runs and bike races.
	Mr. Stancil presented this item and stated that we get a large number of requests yearly for special event permits and the City assistance from sponsors of walkathon, runs and bike races.  These sponsors choose routes that go all over the City.  He stated that for safety sake they recommend the following routes be established:  The two parade routes, one follows the CBD route to Hay Street through Olde Fayetteville Commons and the other follows Murchison Road; the bike trail 401 By-pass, and the All American Expressway provided they can get approval from the State and the County to use the All American Expressway.
	Councilmember Evans offered motion to follow the recommendation, seconded by Councilmember Felton and carried unanimously.
12.	Delegations or individuals wishing to address Council:  None
13.	Appointments:
A.	Nominations to fill one vacancy on Human Services Commission.
	Councilmember McBryde nominated Janice Wood to fill the vacancy of Mrs. Brewington.
B.	Nominations to fill one vacancy on the Board of Appeals on Dwellings and Buildings - none.
C.	Nominations to fill one vacancy on Fayetteville Appearance Commission.
	Councilmember Evans nominated Mrs. Naomi Ellison to fill the vacancy of Mrs. Valentine.
D.	Nominations to fill one vacancy on Fayetteville Redevelopment Commission - none.
14.	Administrative Reports.
	Mr. Smith stated that he has a resolution drawn up at the request of Councilmember Dawkins endorsing the Transportation Improvement Program adopted by the Transportation Advisory Committee for selected and prioritized highway improvement projects for inclusion to their fiscal year 1987-88 and a resolution to also cover the Central Business District loop improvements.
	Councilmember McBryde offered motion to adopt the resolution as requested, seconded by Councilmember Jones and carried unanimously.
	RESOLUTION FROM THE FAYETTEVILLE CITY COUNCIL (TIP).  RESOLUTION NO. R1986-66.
	Councilmember Jones moved to adopt a resolution including the CBD Loop in the TIP plan.
	RESOLUTION FROM THE FAYETTEVILLE CITY COUNCIL (CBD LOOP).  RESOLUTION NO. R1986-67.
	Councilmember Dawkins stated that he would be going to the meeting of the NCDOT on May 14 and would like to present these resolutions at that time.
15.	Matters of Interest to Council.
	Councilmember Dawkins complimented staff for their good working relationship with the Council.
	Councilmember Evans asked about a feasibility study on the Prince Charles that was mentioned by one of the people at the public hearing on this matter. John Smith responded that he was not aware of a study other than the one about three years ago and this was submitted to Council with the UDAG information. Mrs. Evans also wants to make an effort to increase the personnel on the Police Department to cover areas needed to be covered by the Police Department.
	Councilmember McBryde was in agreement with Councilmember Evans.
	Councilmember wofford reminded everyone present of the run-off election to be held tomorrow.
	Mayor Hurley recognized the candidates present at the meeting, Bettie Joe Goodenough, Joseph Pillow, Charles Pittman, and Thomas Baycote.
	Mayor Hurley asked the position on the Dog Ordinance.  Mr. Smith responded the he is working with the County Manager on the enforcement solution.
	Mayor Hurley also commented that this is the first time in years that there was nothing on the back burner for the Prince Charles Hotel.
	Councilmember McBryde offered motion to enter executive session for a litigation matter, seconded by Councilmember Jones at 10:40 p.m.
	Council reconvened into regular session at 10:50 p.m. and the City Attorney recommended that we purchase the two site distance easements from Ida Waitman on Parcel S-1 her Bruner Street property between Murchison Road and Raleigh Street for the sum of $300.00.
	Councilmember Wofford offered motion, seconded by Councilmember Felton to follow the recommendation and purchase the property for $300.00, carried unanimously.
	Mr. Cogswell also recommended to purchase the property of Mrs. Katherine B. Everette on the West side of Dick Street between Campbell Avenue and Pond Street, Parcel W-3 for the sum of $100.00.
	Councilmember McBryde offered motion to follow the recommendation of the City Attorney and purchase the property for $100.00, seconded by Councilmember Jones and carried unanimously.
	There being no further business, the meeting was adjourned at 10:58 p.m.
REGULAR MEETING
MONDAY, MAY 19, 1986
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, MAY 19, 1986
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Mildred Evans,  Milton Wofford, Jimmie Jones and Emaretta Felton
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
Absent:	Councilmember Milo McBryde (excused)
		J.L. Dawkins (excused)
	Mayor Hurley explained that the extra people seated with Councilmembers consisted of the Youth Council members observing the counterpart program in observance of Youth Week.
	The Invocation was given by Reverend Norwood Tadlock, Freedom Baptist Church and the Mayor led in the Pledge of Allegiance to the flag.
Recognition:
	Miss Donna Ashley, Miss Fayetteville North Carolina was presented a dozen roses and an All America City pin from the Mayor.  Miss Ashley expressed her thanks and appreciation and her hopes of becoming Miss North Carolina as the past two Miss Fayetteville's have done.
	Mayor Hurley displayed the award of recognition by the United States Department of Transportation and Advisory Council for Conservation.  He stated that there were 16 winners of 500 nominations.  He introduced Mr. Ken Robinson, Archeologist on staff and expressed our appreciation for Mr. Robinson putting together the information and the application for this award.
	Mayor recognized the Youth Council members present in the audience tonight.
	The Youth Council counterparts for the Councilmembers and staff were introduced.
	Mayor Hurley stated that the City Attorney has requested an executive - session at the end of the meeting for the purpose of litigation and property.
1.	Consent:
	Councilmember Evans offered motion to approve the consent items A through E, seconded by Councilmember Felton and carried 5-0.
	The consent items are as follows:
A.	Approval of minutes of special meeting of 14, 1986.
B.	Approval of NC DOT Grant Agreement, Project Number 9.9344105, FAA AIP 3-37-0021-09, Rehabilitate, strengthen and groove Runway 4/22.
C.	Set Public Hearing for July 7, 1986, to consider the rezoning from C1 Local Business District to R6 Residential District or to a more restrictive zoning classification than presently zoned for an area located on the west side of Ramsey Street, south of Floyd Street.
D.	Reschedule public hearing from June 2, 1986, to June 16, 1986, to consider closing River Street from Person Street to South Racepath Street.
	PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE PORTION RIVER STREET.  R1986-68.
E.	Approval of bid award to Carlisle Contractors,  Inc., low bidder, for construction of the College Lakes Sewer Outfall.   (PWC)
2.	Planning Board Matters:
A.	Consideration of Breezewood Offices and Condominiums in a P-2 Professional 
	Mr. Al Mitchell stated that the Planning Board has recommended a change from the staff recommendation and that is really the main point of contention for this part of  the discussion.  The Planning Board wishes to amend Number 14 of the Conditions to end after the word “driveway” and remove the remaining phrase, “and the remaining easement be graded to standard City sidewalk grades.” The developer would like to omit the grading on the south side of Breezewood Avenue.  This is being appealed through the City Engineer's right to appeal the decision of the Planning Board.  The staff still feels that the grading of the sidewalk to City standards should be done on the property (a copy of the memo of May 19, from the Cumberland County Joint Planning Board is attached to the original minutes).
	Mr. Wade Byrd, representing the petitioner, appeared before Council and explained the reason for this change in Condition Number 14 was because they wanted to move the parking into the rear to preserve the wooded area along the front.
	Mr. Bennett stated that the Engineering Department does not believe in destroying trees any more than necessary either, but feels that this is a direct conflict of Council's policy and would be no different than going into a new subdivision in a wooded area and not grading for sidewalks.
	Councilmember Jones offered motion to follow the sidewalk policy with modifications to be worked out between the City Engineer and developer, seconded by Councilmember Evans and carried unanimously 5-0.
B.	Consideration of proposed revisions to the City of Fayetteville zoning map for an area located south of Bragg Boulevard, east of Ames Street (known as Adams Court Redevelopment Area) and being the property of the City of Fayetteville.
	Mr. Mitchell presented this item and stated that some months ago Council passed a resolution requesting the Planning Board to come up with a recommendation for the zoning on this property because the existing zoning line cuts across the property.
	Mr. Bennett stated that this action would straighten the zoning line and fix it along a natural barrier between the residential zoning and the commercial zoning and then the surplus property could be sold to the interested parties, whose property butts up against it.
	Councilmember Wofford offered motion to follow the recommendation of the City Engineer with a proposed revision to the line as recommended as relates to the drainage, seconded by Councilmember Evans and carried 4-1 with Councilmember Jones voting no.
C.	Consideration of the 4th Draft of the Dish Antenna Amendments.
	Mr. Mitchell stated that he wanted to make special mention of two changes that are in this draft.  On Item 3, Section 32-49, General Yard Regulations, (5) reads “dish antenna shall not be located in the front yard of any structure in a residential zoning district (this shall include any yard space from the principle structure to the street right-of-way line, no matter how far back the structure is located from this street).”  Also the last two sentences in this section reads, “Variances to these provisions shall be granted by the Board of Adjustments when applicant can demonstrate that there is no possibility to locate a dish antenna on the lot within these regulations and receive a signal on a line of sight from the satellite.  The owner of a dish antenna shall not be required to obtain a building permit except in the event a variance is granted.”
	The City Attorney wanted Council to be aware that one particular phrase in this section on variances came directly from the industry and that is “and receive a signal on-line of sight from the satellite.”
	Councilmember Wofford offered motion, seconded by Councilmember Felton and carried unanimously 5-0 to refer the fourth draft to the Planning Board for public hearing procedure.
3.	Consideration of lease of City property located at the end of Cheselka Street to Cape Fear Teen Center, Inc.
	Mr. Smith stated that this property is the undeveloped City park site in Glendale Acres.  The proposal is for the Teen Center to lease the land from the City and construct and operate a Teen Center on the property.
	Mr. Robert G. Ray, Chairman of the non-profit Cape Fear Teen Center Board stated that the lease would allow the group to prepare plans for the building before it begins a community fund raising effort in the Fall.  He introduced Ms. Theresa Clark, a member of the Teen Center Board who stated that the building would probably house a dance floor, snack bar, lounge, movie theatre, aide screen television and would be patrolled by Uniform Police Officers.  There were approximately 50 supporters present in the Council Chamber.
	Mr. Cogswell stated that on page 10 paragraph 15 of the lease a provision should be added that “for less than 24 hours use the Director of Parks and Recreation would approve this” and on page 6 paragraph 8 after the 90 days add “except during periods of construction.”
	Councilmember Evans offered motion to authorize advertisement, seconded by Councilmember Jones and carried unanimously 5 to 0.
4.	Consideration of City - North Carolina Department of Transportation agreement for construction of the Fayetteville Area Computerized Signal System.
	Mr. Tom Scandlin, owner of WKFT-TV, addressed Council and stated that he had heard many complaints from citizens concerning the traffic lights and Mr. Scandlin gave examples of some of the problems that he personally had experienced.
	Councilmember Evans offered motion to follow the recommendation of the City Engineer to approve the mutual agreement for a Computerized Signal System, seconded by Councilmember Wofford and carried unanimously 5 to 0.
5.	Consideration of revisions to Traffic Ordinances establishing 30-Minute Parking on a portion of Union Street and prohibiting parking on a portion of Union Street.
	Mr. Bennett presented this item and stated that the U.S. Postal Services occupies all of the East side of Union Street and part of the West side.  They have requested that parking be limited to 30 minutes along Union Street.  Mr. Bennett stated that they have reviewed this with the other two business owners on onion Street and they have no objection to the 30 minute limitation.  Mr Bennett also stated that they have prepared the ordinances to provide for this and to prohibit parking on the approaches on Rowan Street and Mason Street, plus driveway entrances where parking is or would be a hazard.
	Councilmember Jones offered motion to follow recommendation of the City engineer and adopt the ordinances, seconded by Councilmember Felton and carried unanimously 5 to 0.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES.(SECTION 20-106. TRAFFIC -SCHEDULE NO. 11 - UNION STREET) NS 1986-7.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES.  (SECTION 20-89, “SECTION C - 30 MINUTE PARKING GREEN STREET, MASON STREET, AND UNION STREET) NS1986-8.”
6.	Consideration of a request for an encroachment of a balcony for the Pemberton Building over the Olde Fayetteville Commons and Burgess Street sidewalks.
	Mr. Bennett stated that the issuance of the Redevelopment Loan was the subject of a Public Hearing before Council on June 24, 1985, but no mention was made of the proposed permanent encroachment of a balcony.  Mr. Bennett stated that he sees no problem with this encroachment; however, this type permanent encroachment should have Council approval.  An attempt is being made to restore the building to conform to the original construction which research shows had a balcony along Hay Street and part of Burgess Street.  This balcony was on the drawing at the time of the Redevelopment Loan Public Hearing.
	It was established that this has been before the Revitalization and Appearance Commissions.
	Councilmember Evans offered motion to follow the recommendation and approve the encroachment for the balcony on the Pemberton building, seconded by Councilmember Wofford and carried unanimously 5 to 0.
7.	Consideration of the following Demolition Ordinances:
	Walter Haire presented a corrected description on Item A and there was opposition to Item C present tonight; therefore, Mr. Haire requested to address Item C first.
C.	2811 C&D Breezewood (to include Electrical Service Drop Building)
	Mr. Haire stated that the property in question was owned  by Mr. William Dowd and had been critically substandard since 1983.  Mr. Haire presented pictures showing the dangerous service drop area for the whole trailer park, which has existed for over two  years.  Several extensions had granted to Mr. Dowd but there has been no response until one week ago.
	Mr. Dowd was recognized and addressed Council.  He asked for a 60 day extension and he would have everything up to standards.
	Councilmember Evans offered motion to grant a 2-day extension on the electrical safety improvement, and a 30-day extension for the whole system to  be put in, and a 60-day extension to complete the rest of the repairs, seconded by Councilmember Jones and carried unanimously 5 to 0.
A.	1005 Arsenal Avenue, Apartment 1 and 2
B.	435 Rankin Street
	Councilmember Wofford offered motion to adopt the Demolition Ordinances for Items A and B as recommended, seconded by Councilmember Evans, carried unanimously 5 to 0.
	AN ORDINANCE OF THE CiTY COUNCIL OF FAYETTEVILLE NORTH CAROLINA REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH OR REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY  (1005 ARSENAL AVENUE, APARTMENTS 1 and 2) NS1986-9.
	AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE NORTH CAROLINA REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH OR REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY  (435 RANKLIN STREET) NS1986-10.
8.	Consideration of extension of Hay-Branson Loan Agreement.
	Councilmember Wofford offered motion, seconded by Councilmember Felton and carried unanimously to approve the amendment to the loan agreement Hay/Branson Loan Agreement.
9.	Consideration of Resolutions directing the Clerk to investigate annexation petitions received under G.S. 160A-31 and G.S. 160A-58.1:
	Mr. Smith stated that by adopting these resolutions it does not mean that these areas will be annexed it just means that they will be under investigation by staff for a future recommendation.
A.	Tammy-Gregory Street
	Councilmember Evans offered motion seconded by Councilmember Wofford and carried unanimously 5 to 0 to adopt the resolution for Tammy/Gregory Street.
	RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31.  R1986-69.
B.	Karen Lake Drive
	Councilmember wofford offered motion seconded by Councilmember Evans and carried unanimously 5 to 0 to adopt the resolution for Karen Lake Drive.
	RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31.  R1986-70.
C.	5501 Ramsey Street
	Councilmember Jones offered motion seconded by Councilmember Evans and carried unanimously 5 to 0 to adopt the resolution for 5501 Ramsey Street. 
	RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31.  R1986-71.
D.	Kinwood by the River
	Councilmember Felton offered motion seconded by Councilmember Wofford and carried unanimously 5 to 0 to adopt the resolution for Kinwood by River.
	RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. R1986-72E.
E.	Cross Pointe Shopping Center
	Councilmember Evans offered motion seconded by Councilmember Wofford and carried unanimously 5 to 0 to adopt the resolution on Cross Pointe Shopping Center.
	RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31.  R1986-73.
F.	Cliffdale Road - Waverly Broodwell project
	Councilmember wofford offered motion seconded by Councilmember Evans and carried unanimously 5 to 0 to adopt the resolution on Cliffdale Road - Waverly Broodwell Project.
	RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31.  R1986-74.
G.	McArthur Road
	Councilmember Felton offered motion seconded by Councilmember Jones and carried unanimously 5 to 0 to adopt the resolution on McArthur Road.
	RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31.  R1986-75.
H.	Scots Croft
	Councilmember Evans offered motion seconded by Councilmember Felton and carried unanimously 5 to 0 to adopt the resolution on Scots Croft.
	RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31.  R2986-76.
I.	North Lake
	Councilmember Jones offered motion seconded by Councilmember Wofford and carried unanimously 5 to 0 to adopt the resolution on Northlake.
	RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETIT.ION RECEIVED UNDER G.S. 160A-31.  R1986-77.
10.	Consideration of Airport Budget Ordinance Amendment Change 86-8.
	Mr. Smith stated that this budget ordinance comes about because Mr. Ray proposes to utilize the increase in a Rent-A-Car revenues to cover the anticipated expenses that were submitted.
	Councilmember Evans offered motion to approve the Airport Budget Ordinance Amendment Change 86-8, seconded by Councilmember Felton, and carried unanimously 5-0.
11.	Consideration of amendment to Section 20-17 of the Fayetteville City Code regarding the purchase of City decals.
	Mr. Smith stated that this section deals with the purchase of City decals and since the period of registration begins September 1, this section should be amended to reflect that the 6-Month discount begins after the end of February.
	Councilmember Evans offered motion to adopt the ordinance to amend Section 20-17 of the Fayetteville City Code, seconded by Councilmember Wofford and carried unanimously with 5-0.
	AN ORDINANCE AMENDING CHAPTER 20-17 OF THE FAYETTEVILLE CITY CODE CONCERNING THE PURCHASE OF DECALS.  NS1986-4.
	At this time, Mr. Sam Johnson was recognized and he stated that due to the trouble and the mess involved in removing these decals, he has not put the last three on his cars and requested Council to please have staff come up with some other type of tags.
12.	Consideration of Grant Application for Life Belt Awareness Program.
	Mr. Stancil stated that his is the first in a series of three grand applications to deal with road safety and this is an application for $11,188.00 to the Governor s Highway Safety Program for a Seatbelt (Lifebelt) Awareness Program.  Mr. Stancil stated that this would be of no cost to the City except for the time spent by the Police Department employees.  Sergeant Dalton in the Police Department has already generated a great deal of community interest in this effort and recommends the adoption of the resolution authorizing application.
	Mayor Hurley recognized Sergeant Dalton and expressed appreciation for his work in spearheading this project for the City.
	Councilmember Wofford offered motion to adopt the resolution for consideration of grant application for the Lifebelt Awareness Program, seconded by Councilmember Evans and carried unanimously 5-0.
	LOCAL GOVERNMENTAL RESOLUTION “APPLICATION FOR HIGHWAY SAFETY PROJECT GRANT” R1986-78.
13.	Delegations or individuals wishing to address Council:
	Mr. Howard Rudner, representing Fayetteville Sierra Club, addressed the cleanup of hazardous waste dumps.  He requested council to prepare a resolution of the City's support of House Bills 795 concerning this issue.  Council requested City Attorney to investigate this and report his findings in the form of a resolution that Council can vote upon.
	Mr. Martin Zehring, resident of Ireland Drive, appeared before Council with his concerns on the widening of that area of Village Drive and Ireland Drive. It was determined that Mr. Zehring was not in the City limits and this work was being done by the State.  He was advised to contact N.C.D.O.T.
	Mr. Sam Johnson appeared before Council requesting that the First Baptist Church on Old Street be given recognition and consideration for the plans to enlarge their church by possibly acquiring the library on Anderson Street that will soon be vacated.
	Mrs. Ida Ross was recognized and stated that she has traveled a great deal to many cities where the soccer tournaments had brought money into other cities and wants Council to take into consideration future sponsorship of a soccer tournament.
	Mr. Clinton Harris, Coordinator for the Fayetteville/ Cumberland County Senior Citizens, appeared with his concerns regarding the sidewalk situation on Breezewood Avenue and made a reference to Items 2A and 3.
14.	Appointments:
A.	Election of Janice Wood to the Human Services Commission.
	Councilmember Jones offered motion to elect Ms. Janice Wood by acclamation, seconded by Councilmember Felton and carried unanimously 5-0.
B.	Election of Naomi Ellison to the Fayetteville Appearance Commission.
	Councilmember Evans offered motion, seconded by Councilmember Wofford to elect by acclamation Ms. Naomi Ellison to the Fayetteville Appearance Commission, carried unanimously 5-0.
C.	Nomination to fill one vacancy on the Board of Appeals on Dwellings and BuiLdings - none.
D.	Nominations  to fill one vacancy on the Fayetteville Redevelopment Commission - none.
15.	Consideration of meeting place for June 2, 1986 City Council meeting.
	Mr. Smith stated that this change in location to the County Commissioners Room in the new County Courthouse was requested because of the renovation to the Council Chamber.
	Councilmember Wofford offered motion, seconded by Councilmember Evans and carried unanimously 5-0 to change the location of the June 2, meeting to the County Commissioners meeting room in the new County Courthouse.
	Mr. Smith also stated that the regular information meeting would fall on a memorial Day Holiday and Council might consider changing the date to Wednesday, May 28 at the Kyle House Conference Room, 7:00 p.m.  Mr. Smith stated he would have the Cablevision Franchise matter on the agenda for possible action.
	Councilmember Wofford offered motion, seconded by Councilmember Evans and carried unanimously 5-0 to have the information meeting on May 28, 7:00 p.m., Kyle House Conference Room.
16.	Administrative Reports:
A.	Statement of taxes collected for the month of April, 1986, from the Cumberland County Tax Collector.
	Mr. Smith presented the statement of taxes collected for the month of April, 1986, from the Cumberland County Tax Collector.
B.	Report on Prince Charles Project.
	Mr. Smith stated that he had contacted the Housing Urban Development and they said that the UDAG is still available at this time and if we can have something to present to them by this summer, the grant will still be available for negotiations.
	Mr. Smith briefed Council on the two proposals stating that the cash sale offer by Mr. Bible was probably lower than the appraised value.  He stated that both developers were present tonight to address Council.
	Mr. Jeff Galyon, Project Manager representing Jim Bible, stated that Mr. Bible has made a cash offer of $350,000.00 and intends to make a hotel for monthly residents depending upon the market study.  These residents would be geared towards older tenants but not an elderly home as such.  Mr. Galyon stated that there is a problem with tax credits that would not be available after this year, therefore would need to get the project underway as soon as possible. This would be a no-string cash offer.  The hotel would be operated with all services furnished in the monthly rate including three meals a day.  The only thing that would be extra would be a telephone, if the resident required a telephone.
	Mr. DeWayne Anderson, Developer from Winston-Salem addressed Council and stated that he specializes in redevelopment of old hotels and is a partner with two other people.  In summarizing Mr. Anderson's proposal, he wants to begin work now to put a project together and will come back to the City within three weeks after the updated market study for the City's approval and to proceed from that point.  They are interested in renovating the hotel and probably using the office space in addition to renovating the railroad station.
	Mr. Smith stated that there would have to be an advertisement of any offer made to purchase or lease this property.  That advertisement could include whatever conditions Council and developer agree to.
	There was a question and answer session and lengthy discussion.
	Mayor Hurley recognized Sam Johnson and Howard Rudner who both expressed their opinions on what should be done on the Prince Charles matter, which was to postpone a decision.
	Councilmember Wofford proposed that Council designate Mr. Anderson as the developer and give him the six weeks to bring a proposal back to Council for approval.
	Councilmember Evans stated she felt that Council should give the two members that were absent due to illness in the family a change to be included in the decision of this project and requested that it be postponed until the next meeting in one week.
17.	Matters of Interest to Council:
	Councilmember Wofford requested that a proclamation presented at Beth Israel concerning the Holocaust Week Observance be attached to the minutes of this meeting.
	Mayor Hurley thanked the Police Officers for being at the meeting tonight.
	Councilmember Evans offered motion, seconded by Councilmember Wofford to go into executive Session at 10:35 p.m. for litigation and property.
	Council reconvened at 11:15 p.m., and there being no further business adjourned.
INFORMATION MEETING
WEDNESDAY, MAY 28, 1986
	INFORMATION MEETING
	KYLE HOUSE CONFERENCE ROOM
	WEDNESDAY, MAY 28, 1986
	7:00 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers Milt Wofford, J. L. Dawkins, Emaretta Felton, Jimmie Jones.  Milo McBryde (arrived at 7:10 p.m.)
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and Councilmember Dawkins offered the Invocation.
	A request was made to discuss Item 2 at the beginning of the meeting regarding the Prince Charles proposal due to the plane schedule of the developer.
1.	Discussion of the Prince Charles proposal.
	Mr. Smith stated that he had forwarded to Council the latest correspondence received on the Prince Charles Hotel, a letter from Mr. John Nagel, and he is still discussing the project with Mr. DeWayne Anderson and Mr. J. C. Bible, Jr. As of this time, there is nothing new to report.  Mr. Smith did state that the Redevelopment Commission has been utilizing their funds that was set aside for the project and have contracted for an updated market analysis. The last analysis was done in 1984.  Hopefully, this will be completed within the next two weeks and should indicate as to whether a hotel complex is still feasible for the downtown area.
	Councilmember Wofford suggested that Council wait until the new Council is elected and start a briefing session for the new councilmembers regarding the Prince Charges Hotel matter since they would be the ones to take any action concerning this.
	Mr. Bible was introduced and stated that he would change the date of their decision on his contract from June 5 to June 25 if this was desired.  He presented brochures showing approximately what would be done with the Prince Charles Hotel and stated that it would be kept at its original appearance.  He has made a cash sell offer of $350,000.00 for the 2.6 acres excluding the hotel. The primary use would be for retired people of moderate income.  He also requested that the City work with him on the park area, but there would be no obligation by the City for the hotel.  Mr. Bible also stated that he would consider the development of an office building only if a third of the building could be rented before beginning construction.
	There were a few questions by Council of Mr. Bible following his presentation.
	Mr. Anderson was introduced and he stated that he would like to use a systematic approach.  He would want to build to the maximum potential of the property and would present and produce for Council within six weeks his development package.  Mr. Anderson stated this would give him a few weeks after the market analysis came in and he feels that there is still a possibility to renegotiate the UDAG loan in the event that the hotel does not work on a hardship basis.
	The Council had a brief question session following Mr. Anderson's proposal.
	Mr. John Nagel was introduced and stated that a hotel might enhance the area but it seldom inspired an area to refurbish.  He suggested that Council use the funds from the UDAG to also revitalize the area across the street or would not succeed.  Mr. Nagel also requested that Council delay everything the market study has come in and then they would he prepared to gather financing package.
	There was a brief question session with Mr. Anderson following his proposal.
	Councilmember Jones thanked the staff for the work they had put in to get this project finalized.
2.	Consideration of amendments to the Cablevision franchise.
	Mr. Smith presented this matter and stated that after having met with Mr. Bickett several times, he feels this amendment is a fair compromise.  Mr. Smith stated there was an additional change.  Section 26, Payment to the City, is amended by:
	1.	Deleting from the first sentence the words and figures “an amount equal to four percent (4%)” and substituting therefore the words and figures “a franchise fee equal to five percent (5%).”
	2.	Deleting the last two sentences in said paragraph and substituting therefore the following:  “`Gross operating revenue and receipts' shall mean grantees gross revenues received from all sources from subscribers to the CATV system resident in the City of Fayetteville and that portion of any advertisement revenue or other revenue generated by the system applied by grantee as the pro-rata share of the City subscribers in relation to the total of grantees subscribers in Cumberland County, North Carolina.”
	(A copy of Mr. Smith's memorandum of May 23 and March 14 is attached to the original minutes.)
	There was brief discussion and Councilmember Jones stated that he feels the customer should not have to pay more than Raleigh customers are paying when Raleigh receives more channels.
	Councilmember Wofford offered motion to adopt the first reading of the amendment to the franchise for cablevision with the changes as submitted by the City Manager, seconded by Councilmember McBryde and carried with Councilmember Jones voting no.
3.	Consideration of rescinding resolution setting public hearing for June 2, 1986, at the City Council Chambers for the closing of River Street.
	Mr. Smith stated that Council has adopted two resolutions, one setting the hearing at City Hall for June 2, 1986, Resolution No. R1986-58, and the second setting the hearing at City Hall for June 16.  When the second resolution was adopted, we should have requested Council to rescind the first.  The second resolution gave the change in location of the public hearing and date to be June 16 at the Council Chambers in City Hall.
	Councilmember Dawkins offered motion to rescind the Resolution No. R1986-58, seconded by Councilmember Felton and carried unanimously.
4.	Mr. Smith requested that this item be removed from the agenda.
	Mayor Hurley asked if there was any discussion before entering into executive session.  Councilmember Wofford suggested that councilmembers might attend the breakfast on Saturday, May 31, 1986, at 9:00 a.m. at the Bordeaux Motor Inn/Convention Center for the North Carolina Downtown Development Association Annual Conference.  Reservations will be made.
	Mayor Hurley reminded everyone of the City Picnic Sunday at 1:00 p.m. on June 1, 1986, at Lamon Street park.
	A reminder of the election on Tuesday, June 3, and the Quarterly Meeting of the Governmental Association on Thursday, May 29, 6:00 p.m. at Hope Mills was made.
	Mr. Smith stated that there was a possibility of the Institute of Government having a mini-session in Fayetteville in the Summer of this year.
	Councilmember Jones offered motion, seconded by Councilmember Felton to go into executive session for a litigation and property at 8:35 p.m.
	Council reconvened into regular session and adjourned at 8:45 p.m. 
REGULAR MEETING
MONDAY, JUNE 2, 1986
	REGULAR MEETING
	CUMBERLAND COUNTY COMMISSIONERS' CONFERENCE ROOM
	CUMBERLAND COUNTY COURTHOUSE
	MONDAY, JUNE 2, 1986
	7:00 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Mildred Evans, J. L. Dawkins, Milo McBryde (7:12 p.m.), Jimmie Jones, and Emaretta Felton
		John P. Smith, City Manager
		Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and welcomed everyone present.
	Mayor Hurley then introduced Reverend Sandy Saunders, Associate Pastor and Recreation Director of Snyder Baptist Church, who offered the Invocation Following the Invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Members of the Fayetteville Youth Council read the Youth Council Proclamation and presented the Youth City Council Meeting Minutes.
	Mr. John Smith made a presentation of the All America Employee of the Year, Roneo Hodges, Sanitation Department, who has been a faithful employee for 29 years.  He was presented a plaque and $250.  Mr. Hodges received a standing ovation.  A list in alphabetical order of the nominees for the All American employee of the Year 1986 are as follows:
	Ms. Vera Bell, Police Department 
	Mr. Geo Crumbley, Parks and Recreation 
	Mr. Frank J. Dallas, Engineering 
	Mrs. Dorothy Gilmore, Parks and Recreation
	Mr. Kenneth E. Hall, Engineering
	Ms. Alice G. Hamilton, Sanitation 
	Mr. Romeo Hodges, Sanitation 
	Mr. Harold D. Hubbard, Sanitation 
	Mr. Robert McFall, Community Services 
	Mr. Nathan McSwain, Engineering/Traffic Services 
	Mr. Howard Powell, Engineering/Street
	Mr. John D. Ray, Sr., Fleet Maintenance
	Mr. Johnny Raynor, Engineering
	Mr. Lonnie Vann, Sanitation
	Mr. Phillip Watson, Police Department
	Robert Weathers, Police Department
	Mayor Hurley stated that Mr. Cogswell requested an executive session for a litigation matter.
1.	Consent:
	Councilmember Dawkins requested that Item 1K be pulled for discussion.
	Councilmember Wofford offered motion, seconded by Councilmember Evans and carried unanimously to approve Consent Items A through N excluding K.  The items are listed as follows:
A.	Approval of minutes of regular meeting of April 21, 1986.
B.	Approval of a request for a refund of City taxes to Robert C. Oliver in the amount of $92.63.
C.	Approval of a request for a refund of City taxes to Belk Hendale Company in the amount of $15,724.25.
D.	Approval of a request for a refund of City taxes to Larry and Terry Botkins in the amount of $9.03.
E.	Approval of a request for a refund of City taxes to Margaret Ann Mitchell Johnson in the amount of $44.20.
F.	Approval of a request for a refund of City taxes to Shirley Privott in the amount of $1.79.
G.	Approval of a request for a refund of City taxes to Jesse Bernice Rouse, Jr., in the amount of $14.57.
H.	Approval of a request for a refund of City taxes to Frank P. Stout in the amount of $60.32.
I.	Approval of a request for a refund of City taxes to Leonard E. White in the amount of $23.64.
J.	Approval of a request for a refund of City taxes to Deborah Murchison Word in the amount of $19.91.
K.	Pulled for discussion.
L.	Set Public Hearing for July 7, 1986, to consider the paving pursuant to petition of West Street from Whitfield Road to South Street.
	PRELIMINARY RESOLUTION REQUIRING THE PAVING PURSUANT TO PETITION OF WEST STREET FROM WHITFIELD ROAD TO SOUTH STREET.  RESOLUTION NO. R1956-79.
M.	Approval of bid award for construction of 69KV transmission line to E&R, Inc., the low bidder.  (PWC)
N.	Approval of bid award for construction of sanitary sewer main along Sycamore Dairy Road and Damascus Road to C. K. Andrews Contracting Company, Inc., the low bidder.  (PWC)
K.	Set Public bearing for July 7, 1986, to consider closing Williams Street from Russell Street to Franklin Street.
	Councilmember Dawkins requested that this be checked out thoroughly by the Engineering Department.
	Councilmember Dawkins offered motion to adopt the resolution to set the public hearing to consider closing Williams Street, seconded by Councilmember Evans and carried unanimously.
	PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF WILLIAMS STREET.  RESOLUTION NO. R1986-80.
2.	Public Hearings:
A.	Consideration of the rezoning from C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the west side of Forsythe Street, north of Breezewood Avenue.
	Mr. Mitchell stated that the property owner who was the applicant had requested to withdraw his request for rezoning.  There was no one in appearance for or against.
	Councilmember McBryde offered motion to follow the recommendation and allow the property owner to withdraw his request for rezoning, seconded by Councilmember Jones and carried unanimously.
B.	Consideration of the rezoning from C3 Heavy Commercial District to C2 Central Business District a more restrictive zoning classification than presently zoned for an area located at 112 Robeson Street.
	Mr. Mitchell stated that on the original Agenda the rezoning to “C2 Central Business District” or to a more restrictive zoning classification was omitted in error.  He also stated that the opposition has withdrawn.  Mr. Stacy Weaver was recognized and appeared for the petitioner and stated that the plans for the area would aid in the revitalization of the downtown area.  He stated that the project would be of high-quality design and in keeping with the hospital medical office building.
	Councilmember Dawkins offered motion to rezone to C2 Central Business District, seconded by Councilmember McBryde and carried unanimously.
C.	Consideration of issuance of up to $300,000 of Revenue Bonds to Berry and Byrd, Attorneys, to finance the renovation of the Sedberzy-Holmes House into an office complex at 232 Person Street.
	Mr. Cogswell presented this item and stated that Mr. Dick Herrera of the Community Services and Mr. Wade Byrd were both present in the audience for any questions.  No one appeared for or against.
	Councilmember Wofford moved, seconded by Councilmember McBryde and carried unanimously to approve the application for allocation for Private Activity Bond for Berry and Byrd Attorneys.
D.	Consideration of enactment of Downtown Fayetteville Low Interest Loan Agreement.
	Mr. Cogswell presented this item and recommended approval of the omitted agreement.
	There was no one for nor against at the meeting.
	Councilmember Evans offered motion, seconded by Councilmember Dawkins and carried unanimously to approve the amended Downtown Fayetteville Low Interest Loan Agreement.
3.	Consideration of adoption of resolution approving the allocation for Private Activity Bond for Larry and Martha King for completion of renovation of Pemberton Building, 242 Hay Street, and setting Public Hearing for July 7, 1986, for re-issuance of a Downtown Redevelopment Loan to Larry King in the sum of $325,150 (original loan $283,750 - increase in construction costs of $41,400).
	It seems this project was previously approved by City Council; however, the project is nearing completion and the estimated additional $41,400 is required to close out the project.  It is recommended that Council adopt the resolution approving the application for allocation for Private Activity Bond.
	Councilmember Wofford introduced the resolution and moved to adopt as recommended, seconded by Councilmember Jones and carried unanimously.
	RESOLUTION OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, APPROVING THE APPLICATION FOR ALLOCATION FOR PRIVATE ACTIVITY BOND (LARRY KING - PEMBERTON BUILDING).  RESOLUTION NO. R1986-81.
4.	PWC Matters:
A.	Consideration of sale of real property purchased by PWC.
	Mr. Tim Wood presented this item and stated that it became necessary for PWC to purchase two lots in fee simple while constructing a sanitary sewer interceptor in 1982.  These two lots were purchased due to the size and location or the construction easement required by the contractor.  Councilmember Wofford offered motion, seconded by Councilmember Felton to advertise for the sale of the real property for PWC, carried unanimously.
B.	Consideration of Resolution of Condemnation authorizing PWC to condemn certain property owned by Yates Homes, Inc., and J. Floyd Ammons, Substitute Trustee and Peoples Bank & Trust Company for utility easement.
	Councilmember Jones offered motion, seconded by Councilmember Felton to adopt the resolution as requested and carried unanimously.
	RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN OF YATES HOMES, INC.  RESOLUTION NO. R1986-82.
	Tim Wood was excused at 8:40 p.m.
5.	Planning Board Matters:
A.	Consideration of a proposed amendment regarding the procedure for withdrawal of rezoning application.
	Mr. Mitchell stated that the proposed amendment was drafted at the request one Planning Board as a result of a situation encountered last year in which the same piece of property was considered several times and was withdrawn each time before a final decision was made.  There was substantial opposition from the neighborhood.  The Planning Board's feeling is that this tactic can be used to wear down neighborhood opposition and causes unnecessary public expense since the application fee covers only a portion of the cost of processing a rezoning application.
	Councilmember Evans offered motion to refer the proposed amendment to repeal and recreate Section 32-73f to the Planning Board, seconded by Councilmember Dawkins and carried unanimously.
6.	Consideration of date for Public Hearings for FY 86-87 City Budget and General Revenue Sharing Budget and Amendment to FY 85-86 General Revenue Sharing Budget.
	Mr. Smith stated that the date of the recommended public hearing should be June 23, 1986, instead of June 16 as requested in the Agenda packet.
	Councilmember Wofford offered motion, seconded by Councilmember McBryde and carried unanimously to set the public hearing for June 23, 1986, as requested by staff.
7.	Consideration of resolution for accepting maintenance of streets from NC Department of Transportation.
	The City Engineer presented this item and stated that a review is done each year by the North Carolina Department of Transportation and City staff of streets that are maintained by each agency.  This year the bulk of the streets recommended for transfer to City maintenance are those neighborhood streets north of Stacy Weaver Drive in the College Lakes area.  NCDOT agreed to make certain repairs to bring these streets up to the good state of maintenance by July 1, 1986, and thereby minimizing City maintenance costs in the immediate future.  A list of these streets is included with the resolution.
	Councilmember Evans moved to adopt the resolution, seconded by Councilmember Dawkins and carried unanimously.
	RESOLUTION AUTHORIZING THE ACCEPTANCE OF STREETS.  RESOLUTION NO. R1986-83.
8.	Consideration of acceptance of bids for sale of one (1) City owned Lot, and six (6) tracts owned by the City and County.
	Councilmember Wofford offered motion to authorize acceptance of bids for Items A through H and adopt the resolution, seconded by Councilmember Evans and carried unanimously.
	Items A through H are listed below:
A.	Lot 21-D on Mimosa Lane owned by City of Fayetteville.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY.  RESOLUTION NO. R1986-84.
B.	Vacant Lot 119 Broad Street - City/County.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY.  RESOLUTION NO. R1986-85.
C.	Vacant Lot W/S Mechanic Street - City/County.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY.  RESOLUTION NO. R1986-86.
D.	Vacant Lots 88, 89, 90, 91 Fairview Subdivision, City/County, northwest corner of Neville and Thad Streets.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1986-87.
E.	Vacant Lots 19, 140, 141 - Fairview Subdivision, City/County, south side of Neville Street.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1986-88.
F.	Vacant Lots 33, 54, 55, 56 - Fairview Subdivision, City/County, north side of Ingram Street.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY.  RESOLUTION NO. R1986-89.
G.	Vacant Lot 173 - Fairview Subdivision - City/County, south side of Neville Street
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1986-90.
H.	Vacant Lots 29, 30 - Fairview Subdivision City/County, North side of Ingram Street extension
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY.  RESOLUTION NO. R1986-91.
9.	Consideration of Demolition Ordinances.
A.	1108 Clark Street; Apartments 1, 2, 3 and 5
	Mr. Walter Haire presented this item and stated that Mr. Alvin Turner, owner of the Clark Street Apartments, was present and wished to address Council.
	Mr. Turner was recognized and stated that he had vandalism damage to the property over the past years and has been trying to refurbish the apartments.  He has done work and almost completed the first floor apartment but is having to do the work in his spare time and almost by himself.
	Councilmember Wofford offered motion to follow the recommendation and adopt the Demolition Ordinance.  There was no second to the motion.
	Councilmember McBryde to grant a 90-day extension, carried unanimously. Following brief discussion, Councilmember Dawkins offered motion, seconded.
B.	1403 Murchison Road
	Mr. Haire stated that the owners, Dr. G. W. Allen and wife, had not responded to the needs of this location and recommends adoption of the Demolition Ordinance.
	Councilmember Wofford moved to adopt the demolition ordinance as requested, seconded by Councilmember McBryde and carried unanimously.
	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. NS1986-11.
C.	Mr. Cogswell presented this item and stated that at the May 19 meeting Council gave a two-day deadline on the service entry drop at the location of 2811 C&D Breezewood Avenue, owner Mr. William Dowd.  The work has been begun but has not been completed.
	Councilmember Evans offered motion to take action if the repair has not been made within seven days, seconded by Councilmember Wofford and carried unanimously.
	(Item 14 was moved to this location on the Agenda for discussion.)
14.	Consideration of lease of City property located at the end of Cheselka Street to Cape Fear Teen Center, Inc.
	Councilmember Evans offered motion to approve the lease, seconded by Councilmember Felton and carried unanimously.
10.	Consideration of a Resolution Concerning the State's Highway needs.
	Mr.  Smith stated that Council had adopted a resolution on this matter some time ago calling for the levying of a sales tax on gasoline.  The North Carolina League of Municipalities Board of Directors has considered all the plans put forward by Governor Martin's proposed per gallon increase in gasoline tax and
has voted unanimously to endorse the Governor's proposal.  We recommend adoption of the resolution supporting the League's position on the highway funding.
	Councilmember Wofford moved to adopt the resolution, seconded by Councilmember Dawkins and carried unanimously.
	RESOLUTION CONCERNING THE STATE'S HIGHWAY NEEDS.  RESOLUTION NO. R1986-92.
11.	Consideration of Cablevision Franchise Ordinance Amendments.
	Councilmember Wofford offered motion to adopt the second reading of the ordinance amending the franchise of Cablevision, seconded by Councilmember McBryde and carried with a vote 6 to 1, Councilmember Jones voting no.
	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING A FRANCHISE FOR COMMUNITY ANTENNA TELEVISION IN THE CITY OF FAYETTEVILLE.  ORDINANCE NO. NS1986-12.
12.	Consideration of development proposal for Municipal Market.
	Mr. Smith presented this item and stated that the banks are requiring 5,000 square feet or space to be pre-leased prior to closing the loan for the Municipal Market.  This requirement can be waived if the City will in essence guarantee the equivalent of two years at 5,000 square feet at 7.06 per square foot ($70,600).  This could be accomplished by the establishment of a loan reserve over a three-year period.  This loan reserve would be used to fund any shortfall in leases up to the 5,000 square foot, for the first two years of the project.  As the project is leased up, the fund would be reduced.  If any of the City funds are used, they would become a second mortgage in the project and would be due back to the City upon sale or refinance.  A similar arrangement was used to finance the Raleigh Market project.  Mr. Smith went on to say that he believed that the most prudent course of action would be to consider this proposal when the Council considers the Tax District Budget.
	Mr. Roland Gammons, President of White Oak Properties, Inc. of Raleigh, was recognized and stated that the Market project would be called the Lafayette Square.  This project has been delayed because the banks want at least 5,000 square feet of the retail and restaurant complex to be leased before the loan closings.  Mr. Gammons said that the Council's commitment would help him secure financing for the project which he hopes to complete by Thanksgiving.  He said the banks had been reluctant to loan money for the project because he hasn't leases any of the estimated 20,000 square feet of space.  Mr. Gammons stated he cannot lease it without the project being finished.
	Mr. Gammuns also requests that the City demolish the present Farmers Market and another building adjoining the old train depot bounded by Franklin, Burgess, and Maxwell Streets and provide the water, sewer, and storm drainage services to within five feet of the building foundations.
	Councilmember McBryde stated that he feels that the bank doesn't think it is a good risk and feels it is similar to the Prince Charles liability, and the project must be shaky if the banks didn't want to loan him the money.
	Following lengthy discussion and questions of Mr. Gammons, Councilmember Evans offered motion to approve the agreement to allocate money contingent upon it coming from the downtown special tax district, seconded by Councilmember Wofford.
	Following further discussion, Councilmember Dawkins offered substitute motion to follow the recommendation of the City Manager to consider this matter when the special tax district budget was considered, seconded by Councilmember Felton and failed 6 to 1 with Mayor Hurley and Councilmembers Wofford, Evans, McBryde, Jones, and Felton voting no.
	The original motion by Mrs. Evans to approve the agreement contingent upon it coming from the downtown special tax district was voted upon and carried 6 to 1 with Councilmember McBryde voting no.
13.	Consideration of annual contract for fiscal year ending June 30, 1986.
	Mr. Smith stated that this will be the third year under contract with Haign, Byrd and Lambert.  The City will again request proposals for the next three years.  One half of the contract amount is paid by PWC.  Mr. Smith recommends that Council authorize the Mayor to execute the contract.
	Councilmember Wofford offered motion, seconded by Councilmember McBryde to follow the recommendation and award the contract to audit accounts of the City of Fayetteville by Haigh, Byrd and Lambert, carried unanimously.
14.	(Considered earlier in the meeting.)
15.	Delegations or individuals wishing to address Council:
	Mr. Joe Phillips addressed Council concerning an easement on his property. This deals with a drainage ditch and pipe that he had installed.   However, the Engineering Department informed him that this pipe would have to be removed because it was not the correct size he said.  Council asked Mr. Bennett to respond and Mr. Bennett requested to address Council at a later time of the facts of this matter.
	Mr. Cogswell presented a resolution of this City Council's support of House Bill as concerning the hazardous waste disposal that Mr. Rudner had requested at a previous meeting.  Mr. Cogswell stated he saw nothing wrong with the resolution.
	Councilmember Evans offered motion to adopt the resolution in support of the House Bill 795 concerning the inactive hazardous substance disposal sites, seconded by Councilmember Jones, carried unanimously.
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE IN SUPPORT OF HOUSE BILL 795 (INACTIVE HAZARDOUS SUBSTANCE DISPOSAL SITES) RESOLUTION NO. R1986-93.
	Mr. Sandy Saunders, Parks and Recreation Commission Chairman, appeared before Council and stated that they do not want a task force to designate how to use or to spend their funds.  He said they preferred to do their own designations.
16.	Appointments:
A.	Nominations to fill three vacancies on the Airport Commission.
	Michael Boose, nominated by Councilmember McBryde; Joe Pillow, nominated by Councilmember Dawkins; Cyrus Earnhardt, nominated by Councilmember Evans; and Richard Fox, nominated by Councilmember Wofford.
B.	Nominations to fill one vacancy on the Public works Commission. Councilmember Dawkins nominated Mr. Tommy McCoy.
C.	Nominations to fill one vacancy on the Public Works Commission Retirement Board.
	Councilmember Evans nominated Mr. Robert Butler.
D.	Nominations to fill one vacancy on the Joint planning Board.
	Mrs. Sue Bandy was nominated by Councilmember Evans and John Canday was nominated by Mayor Hurley.
E.	Nominations to fill four vacancies on the Fayetteville Revitalization Commission.
	Stuart Kerr nominated by Councilmember Evans, John Broadwell nominated by Councilmember Dawkins, Tommy Bolton nominated by Councilmember Jones, Arnetha Robinson nominated by Councilmember Evans,  and J.B. Stein nominated by Councilmember Wofford.
17.	Administrative Reports:
18.	Matters of Interest to Council:
	Councilmember Dawkins recognized the President of the Teen Democrats present in the audience.
	Mr. Smith recommends Council plan workshops on the budget.  These will begin on June 4 at 7:00 p.m. at the Sanitation/Fleet Maintenance Department.
	Councilmember McBryde offered motion, seconded by Councilmember Felton to enter executive session for a litigation matter at 9:15 p.m.
	Council reconvened into regular session at 9:20 p.m. and Mr. Cogswell recommended that the Huggins Condemnation Case 84 CVS 1066, property on Gillespie Street be settled  for the sum of $7,150.
	Councilmember Wofford offered motion, seconded by Councilmember McBryde to follow the recommendation, carried unanimously.
	Councilmember McBryde offered motion to continue this meeting until Wednesday, June 4, at 7:00 p.m. at the Sanitation/Fleet Maintenance Department.
CONTINUATION OF REGULAR MEETING
WEDNESDAY, JUNE 4, 1986
	FAYETTEVILLE CITY COUNCIL
	CONTINUATION OF REGULAR MEETING
	SANITATION/FLEET MAINTENANCE CONFERENCE ROOM
	WEDNESDAY, JUNE 4, 1986
	7:00 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers Mildred Evans, J. L. Dawkins, Milo McBryde, and Emaretta Felton
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
ALSO PRESENT:	Samuel Johnson, Mark Kendrick, Joseph Pillow, Ida Ross, and Thelbert Torrey
ABSENT:	Councilmembers Milton Wofford and Jimmie Jones
	Mayor Hurley convened the continuation of the Regular Meeting of June 2, 1986.  After giving the Invocation, Mayor Hurley recognized City Manager John Smith.
	The City Manager reviewed for the Council the budget process and summarized the recommended budget.
	After setting the next meeting for Monday, June 16, 1986, at 7:00 p.m. in the Sanitation/Fleet Maintenance Conference Room, the Council adjourned at 9:15 p.m.
SPECIAL MEETING
MONDAY, JUNE 9, 1986
	FAYETTEVILLE CITY COUNCIL
	SPECIAL MEETING
	SANITATION/FLEET MAINTENANCE CONFERENCE ROOM
	MONDAY, JUNE 9, 1986
	7:30 P.M.
PRESENT:	Mayor Pro Tem J. L. Dawkins
		Councilmembers Mildred Evans, Milo McBryde, Jimmie Jones, Emaretta Felton
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
ALSO PRESENT:	Samuel Johnson, Mark Kendrick, Joseph Pillow, Ida Ross, Thelbert Torrey
ABSENT:	Councilmember Milton Wofford and Mayor Bill Hurley
	Mayor Pro Tem Dawkins called the meeting to order at 7:30 p.m. and recognized City Manager John Smith for a presentation of the Recommended Budget.
	City Manager Smith discussed the concept of Fund Balance and reviewed the Revenue Summaries with the Council.  Councilmember Evans suggested that the Council meet with the Public Works Commission some time during the next two weeks to discuss their budget.
	City Manager Smith then reviewed with the Council the Recommended Budgets of the following departments:  Legislative, Executive, Personnel, Finance, Data Processing, Administrative Services, and Inspections.  In reviewing the budget of the Legislative Department, Council asked that Travel and Training for the Council be limited to $2,000 per Councilmember and $2,500 for the Mayor.
	There being no further business, the meeting was continued until Wednesday, June 1, 7:00 p.m., in the Sanitation/Fleet Maintenance Conference Room.
CONTINUATION OF SPECIAL MEETING
WEDNESDAY, JUNE 11, 1986
	FAYETTEVILLE CITY COUNCIL
	CONTINUATION OF SPECIAL MEETING
	SANITATION/FLEET MAINTENANCE CONFERENCE ROOM
	WEDNESDAY, JUNE 11, 1986
	7:00 P.M.
PRESENT:	Mayor Pro Tem J. L. Dawkins
		Councilmembers Mildred Evans, Milo McBryde, Jimmie Jones, and Emaretta Felton
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
ALSO PRESENT:	Samuel Johnson, Mark Kendrick, Joseph Pillow, Ida Ross, and Thelbert Torrey
ABSENT:	Councilmember Milton Wofford and Mayor Bill Hurley
	Mayor Pro Tem Dawkins convened the continuation of the special meeting of June 9, 1986, and recognized Jeannette Council for a presentation to the Council. Mrs. Council discussed her recent experience with the Fayetteville Police Department.
	Mayor Pro Tem Dawkins then recognized Chief of Police Ronald Hansen for a presentation concerning the operations of the Police Department.  Following the presentation from Chief Hansen, Mayor Pro Tem Dawkins recognized Fire Chief Wilbur Johnson for a presentation on the operations of the Fire Department.
	There being no further business, the meeting was adjourned.
SPECIAL MEETING
MONDAY, JUNE 16, 1986
	SPECIAL MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, JUNE 16, 1986
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Milt Wofford, Mildred Evans, J. L. Dawkins, Milo McBryde, Jimmie Jones and Emaretta Felton
Others:	John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
Also Present:	Samuel Johnson
			Mark Kendrick
			Joseph Pillow
			Ida Ross
			Thelbert Torrey
	Mayor Hurley called the meeting to order and the invocation was given by the Reverend John Bergland, Haymount United Methodist Church.  Mayor Hurley then led the Pledge of Allegiance to the Flag.
1.	Approval of Minutes:
	Councilmember McBryde offered motion, seconded by Councilmember Dawkins to approve Items A - G, carried unanimously.
A.	Approval of the minutes of the November 6, 1985, continuation of the November 4, 1985, regular meeting.
B.	Approval of the minutes of the Special Meeting of May 2, 1986.
C.	Approval of the minutes of the Regular Meeting of May 5, 1986.
D.	Approval of the minutes of the Regular Meeting of May 19, 1986. 
E.	Approval of the minutes of the Regular Information Meeting of May 28, 1986.
F.	Approval of the minutes of the Regular Meeting of June 2, 1986.
G.	Approval of the minutes of the June 4, 1986, continuation of the June 2, 1986, regular meeting.
2.	Election of nominations previously made to the following:
A.	Election from the following to fill three (3) vacancies on the Airport Commission:
	Michael Boose, Joe Pillow, Cyrus Earnhardt, and Richard Fox
	Councilmember Evans nominated Mr. Leonard Hedgepeth. Councilmember Dawkins withdrew his nomination of Mr. Pillow due to Mr. Pillow becoming a City Councilmember.  Councilmember McBryde nominated Dr. G. Wesley Allen.  As a result of a show of hands, the following were elected to the three vacancies on the Airport Commission:  Mr. Cyrus Earnhardt, Mr. Richard Fox, and Dr. G. Wesley Allen.
B.	Election of Tommy McCoy to the Public Works Commission.
	Mr. Tommy McCoy was unanimously elected to the Public Works Commission.
C.	Election of Robert Butler to the Public Works Commission Retirement Board.
	Mr. Robert Butler was unanimously elected to the PWC Retirement Board.
D.	Election of Sue Bandy or John Canady to fill one (1) vacancy on the Joint Planning Board.
	As a result of the show of hands, Mrs. Sue Bandy was elected to fill the one vacancy on the Joint Planning Board.
E.	Election from the following to fill four (4) Vacancies on the Fayetteville Revitalization Commission:
	Stuart Kerr, Dohn Broadwell, Tommy Bolton, Arnetha Robinson, or J. B. Stein
	Resulting from a show of hands, the following were elected to fill the four (4) vacancies in the Revitalization Commission:  Stuart Kerr, Dohn Broadwell, Tommy Bolton, and Arnetha Robinson.
F.	Election of Richard Griffin to the Fayetteville Redevelopment Commission.
	Mr. Richard Griffin was unanimously elected to the Redevelopment Commission.
3.	Consideration of the acceptance of the certification of results of the June 3, 1986, election of the Board of Elections.
	Councilmember Wofford offered motion, seconded by Councilmember Felton and carried unanimously to accept certification results by the Board of Elections of the June 3, 1986 election.
	A copy of the results is attached to the original meeting minutes.
	Mayor Hurley requested to do a review before the book is closed on this Council.  He then listed approximately 25 projects that have been begun, completed, or enhanced by this City Council's actions.  Among those were the Maiden Lane Bridge and Park, the decision on the Olde Fayetteville Commons, the central library, the Fleet Maintenance/Sanitation Building, Barges Tavern Project, the Municipal Market, the doubling of the size of the municipal airport, the Cool Springs Project, the new computerized signal system decision was made, the Teen Center agreement, the Arts Center to be placed in the Stein library building, and many others.
	Mayor Hurley further stated that tons of work have brought us this far with the Prince Charles Project, the election re-districting, and the Dogwood Festival, among others.  Mingled in the above list of revitalization projects, which could and would not have happened if one single project of great significance had not occurred - the 500 Block and 700 Haymount.
	Mayor Hurley also stated that the City had received several awards during this time:  The All America City, the North Carolina Award of Excellence, the American Institute of Landscape Architects for the park plan in Olde Fayetteville Commons, the ASLA design award, and the U.S. Department of Transportation/Historic Preservation Award.  This was for community improvement for such projects as the Cool Spring Restoration, Campaign Contribution, the Barges Tavern for the Convention/Tourism Center, the Research for Historic District Downtown, and the Transit Information Center restoration.  Mayor Hurley stated that council has made things happen.  They can disagree without being disagreeable.
	At this time, Mayor Hurley recognized Mr. M. J. Weeks and credited him with greatly aiding the City in solving the 500 Block dilemma through the Fayetteville progress that he and others founded.  Mayor Hurley then made a special presentation of the Key to the City to Mr. M. J. Weeks, who through all of his hard work with the Fayetteville progress had enabled the City to accomplish a great many things through the private sector.  He stated that words nor the key could adequately express our appreciation to Mr. Weeks for all he has personally done for the City.
	Councilmember Evans stated that the Mayor's guidance and hard work had also helped to accomplish the things that had been done.
	Mayor Hurley then made a special presentation to outgoing Councilmember Wofford, of a color photograph of the Seven Dwarfs club showing the names of the Councilmembers under each dwarf taken on the side of the building before it was torn down on the 500 Block.
	Mayor Hurley also presented a Bible to the outgoing Councilmember Felton.
	Councilmember Dawkins remarked that having served ten years on the Council, he felt that everyone had always worked together quite well and looked forward to the continuation with the new Councilmembers.
	Councilmember McBryde remarked that he was pleased to have served with the outgoing members, but is looking forward also to serving with the new Council.
	Councilmember Jones remarked that it had been a pleasure serving with the Council and will try to treat people the way he wants to be treated.
	There being no further business, the Mayor recessed this portion of the meeting at 7:45 p.m.
REGULAR MEETING
MONDAY, JUNE 16, 1986
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, JUNE 16, 1986
	7:00 P.M.
	The newly elected Councilmembers came along with their family members present, and the Twelfth Judicial District Resident Superior Court Judge E. Lynn Johnson administered the oath to Mayor Hurley, followed by the oath to the Councilmembers and offered congratulations to each one.
	Mayor Hurley and the Councilmembers were then seated.  The first order of business was:
1.	Organization of the City Council--election of Mayor Pro-Tem.
	Mayor Hurley stated he would receive nominations and Councilmember McBryde offered motion to follow the tradition and nominate the top vote getter, Mr. J. L. Dawkins, seconded by Councilmember Evans.
	Councilmember Torrey offered substitute motion to send this matter back to the Policy Committee for in depth study, seconded by Councilmember Ross.
	Following discussion, a vote was called and the substitute motion carried 5-4 with Councilmembers McBryde, Evans, Johnson and Dawkins voting no.
2.	Consent:
	Mr. Cogswell stated that Item C under Consent should have a stipulation of a limit to one year.
	Councilmember Evans offered motion to approve the Consent Items A - G with Item C being limited to one year, seconded by Councilmember Kendrick, and carried unanimously.
A.	Approval of bid award to Stearns Airport Equipment for baggage conveyor units relevant to FAA AIP 3-37-0021-05, terminal expansion.
B.	Approval of bid award to S&F Amusement Company, Inc. for the placement of amusement machines in the terminal building.
C.	Approval of lease agreement between the City of Fayetteville and RMVP, Inc. dba Fayetteville Air Service for the tiedown area at the Fayetteville Airport.
D.	Set Public Hearing for July 21, 1986, to consider drainage improvement, pursuant to petition, along the common property line between lots 83 and 84 - Country Club North, Plat Book 44, Page 9 - 3485 Thamesford Drive.
	PRELIMINARY RESOLUTION REQUIRING THE CONSTRUCTION OF A STORM SEWER AND DRAINAGE SYSTEM INTO A PORTION OF COUNTRY CLUB NORTH, SECTION THREE. RESOLUTION TITLE NO. R1986-94.
E.	Approval of bid award to Cumberland Paving Company for resurfacing various streets in the amount of $336,460.80.     
F.	Correction of the name on a resolution adopted on June 2,. 1986, for sale of property (vacant lot) known as 119 North Broad Street.
G.	Acceptance of Grant award for the People Assisting Victims Program from North Carolina Department of Crime Control and Public Safety.
3.	Public Hearings:
Consideration of closing River Street from Person Street to South Racepath Street.
	Mr. Bennett stated that N.C. D.O.T. plans to make an improvement on Person Street east of U.S. 301/Eastern Boulevard.  The improvement is to widen Person Street on the south side, in order to extend the existing, very short, left turn lane.  This improvement is contingent upon River Street being closed.  Mr. Bennett stated he had been contacted by several property owners that have expressed the desire that it be closed and Staff sees no public need to keep River Street open.
	Mr. John A. Williams, Jr., was recognized in opposition.  He is a property owner who stated he will lose access to his property if it is closed.  He also stated that a member of the Planning Department told him that King Street would be closed eventually.  Mr. Williams was concerned that in the future if he built on the property, he would not have access to or from his property.
	Mrs. E. J. Kenyon, property owner at 802 and 804 Person Street was recognized stating that she would only have access to the Person Street entrance of her businesses if that portion of River Street was closed due to the rear of her buildings facing River Street and property owners on each side.
	Mr. Bennett responded that he knew of no plans to close King Street and since he had one written and one verbal request from property owners to close that portion of River Street, it was therefore recommended.  Following lengthy discussion, Councilmember Evans offered motion to close a portion of River Street between Person and South King Street, seconded by Councilmember Kendrick and carried 8-1 with Councilmember Torrey voting no.
	RESOLUTION AND ORDER CLOSING A PORTION OF RIVER STREET.  R1986-95.
4.	PWC Matters:
	Consideration of amendment to FY 85-86 Budget.  Mr. Ray Britt, Finance Director from PWC, was present on this matter.
	Councilmember McBryde offered motion, seconded by Councilmember Dawkins to approve the budget amendment as recommended, carried unanimously.
5.	Planning Board Matters:
	Consideration of the rezoning from R5 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 112 Underwood Street, 637 and 639 North Street.
	Mr. Al Mitchell presented this item and stated that the Planning Board recommends approval and the Planning Staff recommends denial.
	Councilmember Evans stated that she would consider a special use permit for that particular property but not rezoning to C-3 due to what could be done if the property owner ever sold.  Council recognized Mr. Immanuel Jackson, area property owner, who stated that if this is rezoned to C-3, it would affect the taxpayers because of the increase due to this becoming commercially zoned.
	Bill Maxwell appeared for the owners of the funeral home and stated that the reason for this request is  to be able to build a building to house their vehicles to prevent break-ins of the funeral home vehicles.  He asked if the special use is transferable with the property if it were sold, and Mr. Mitchell responded that it could be.
	Following discussion, Councilmember Evans offered motion to return this item to the Planning Department to proceed with an application for a special use permit on this property for parking, seconded by Councilmember Johnson,
	At this time, Council recognized Mr. Cicero Fowler, 714 North Street, who stated that he was opposed to C-3 rezoning.  The Mayor advised him that Mrs. Evans' motion would eliminate a C-3 rezoning.  Mrs. Eleanor Williams, a property owner on North Street, was recognized and stated that she wants sidewalks in the area.
	Councilmember Johnson withdrew his second to Councilmember Evans' motion because he didn't understand that it was for parking only.  He stated he was in favor  of allowing a special use permit with no limitations of funeral home uses as allowed by the state statute.
	Councilmember Ross seconded Councilmember Evans motion.  The motion failed with a 6-3 vote, Councilmembers McBryde, Ross, Pillow, Torrey, Johnson, and Kendrick voting against and Councilmembers Evans, Dawkins and Jones voting for.
	Councilmember McBryde offered motion to follow recommendation of the Planning Board and rezone from R-5 Residential to C-3 Heavy Commercial district so that it can be used for funeral home uses, seconded by Councilmember Johnson and failed with a 6-3 vote, Councilmembers Evans, Jones, Ross, Pillow, Torrey and Kendrick voting against and Councilmembers Dawkins, McBryde and Johnson voting for.
6.	Presentation by the Future Fayetteville Task, Force of recommendation of projects for proposed bond referendum.
	Mr. Bob Ray and Mr. Jim Carson, Co-Chairman of the Future Fayetteville Task Force, were recognized.  Mr. Ray stated that this task force was appointed by Mayor Hurley with the objective being to evaluate the capital needs of the City of Fayetteville and recommend to Council whose needs which the Task Force would suggest that might be put on a bond referendum for $28.5 million to be subdivided among the projects in the manner disclosed.  A copy of the memorandum and the attached recommendations are attached to the original minutes of this meeting.
	The members of the Task Force present at the meeting stood and were recognized.
	Councilmember Dawkins stated that no public funds can be used, it will have to he private funds.  He thanked the Task Force members for the hard work that they had put into this recommendation.
	Councilmember Johnson stated he feels that the Parks and Recreation portion or this project should be joint City/County sponsored.  Mr. Ray responded that the City Parks and Recreation had been approached with this by the Task Force and they were open to exploring this idea.
	Councilmember Ross stated that she was concerned that there may not have been a cross section of people involved on the planning of this according to the accounts in the newspaper.  Mr. Carson responded that there had been a cross section represented, but he didn't know where they all lived.
	Councilmember Evans offered motion to receive the report from the Task Force, seconded by Councilmember Pillow, and carried unanimously.
	Mayor Hurley recognized the City Attorney who stated that the statute read, “At the organizational meeting, the Council shall elect from its members a Mayor Pro-Tem to serve at the pleasure of the Council.”  Mr. Cogswell stated he felt it the statute read you “may” elect a Mayor Pro-Tem, then it could be postponed, but the word “shall,” in his interpretation, means Council should do this tonight.  Councilmember Evans offered motion to elect Councilmember Dawkins Mayor Pro-Tem and then at the first meeting of the Policy Committee discuss the question of Mayor Pro-Tem in the future, seconded by Councilmember McBryde and carried unanimously.
7.	Consideration of Resolution Fixing Date of Public Hearing on Question of Annexation pursuant to G.S. 160A-31, as amended (5501 Ramsey Street - Raleigh Road, Longleaf Villas).
	Following brief discussion, Councilmember McBryde moved to adopt the resolution fixing the date of the public hearing on the question of the annexation as recommended, seconded by Councilmember Kendrick and carried unanimously.
	RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31 AS AMENDED (5501 RAMSEY STREET, LONGLEAF VILLAS). RESOLUTION NUMBER R1986-96.
8.	Consideration of execution of quitclaim deed to the Howard Trust of the Gillespie Street Library.
	The City Attorney requested that Council delay this matter until he can receive further information.
	Councilmember Jonnson offered motion to delay this item as recommended, seconded by Councilmember Ross and carried unanimously.
9.	Consideration of transfer of funds from Council contingency for purchase of replacement body for pothole patcher for the Street Division.
	Mr. Smith presented this item and stated that this is not a budgeted item, however, there are sufficient funds left in the contingency account.  This is an essential place of equipment and should be replaced as soon as possible. The cost of replacement is approximately $20,000.
	Mr. Bennett stated that the City has a truck with a body specifically designed with heated compartments for bituminous plant mix and liquid asphalt. This vehicle is used almost every day, weather permitting, to patch streets throughout the City. The recent corrosion has caused numerous holes to appear in one body and it has been determined that the body cannot be repaired.
	Councilmember Jones suggested that this piece of equipment be discarded and go back to dump trucks with canvas covers to haul asphalt for patching the streets.
	Several Councilmembers asked questions concerning this piece of equipment an Mr. Bennett responded that some of the benefits of this piece of property being replaced is that other parts of the machine are in good working order and it is designed to be kept heated at all times, thus eliminating waste and speeding up the operation. Also, it eliminates having a man stand on the back of a dump truck in the asphalt trying to throw it off the back of the truck. It also cools down and the quality decreases.
	Following lengthy discussion, Councilmember Evans offered motion, seconded by Councilmember Dawkins to follow the recommendation of staff to approve the replacement of the pothole machine at approximately $20,000. There was then some further discussion, and Councilmember Kendrick called for the question, a show of hands showed the majority in favor.
	Mayor Hurley repeated the motion, which was to follow the recommendation to transfer funds from Council contingency for the purchase of a replacement body for the pothole patcher. Motion carried 8-1 with Councilmember Jones voting no.
10.	Appointments.
A.	Nominations to fill one (1) vacancy on the Board of Appeals on Dwellings and Buildings.
	Councilmember Jones nominated Jane Cherry.
B.	Nominations to fill two (2) vacancies on the Board of Adjustment.
	Councilmember McBryde nominated F. Royal Lloyd, Jr.
11.	Delegations or individuals wishing to address Council:
	Mr. Ben Watson of 1430 Skycrest Drive, appeared before Council and requested that Council not permit smoking during the Council Meetings. Mayor Hurley responded that his should and would be referred to the Police Committee.
	Mr. Watson also stated he has not received the requested petition for Marlborough Road traffic problem. Mr. Bennett responded with an apology for not having had time to prepare the written petition, but assured him that he would receive it within the week.
12.	Administrative Reports:
A.	Briefing on status of Prince Charles Hotel project.
	Mr. Smith stated that due to the length of the meeting, he would submit in writing his briefing.
B.	Other.
	A budget meeting was schedule for tomorrow night, Tuesday, June 17, 7:00 p.m., at the Sanitation Department conference from on Grove Street.
13.	Matters of Interest to Council.
	Councilmember Ross stated that she also objects to the smoking in the Council Chamber.
	Councilmember Johnson stated that he has no objection to people smoking although he does not himself smoke.
	Councilmember Dawkins expressed appreciation for the Inaugural Ceremony program that had been printed by the Mayor's office.
	Mayor Hurley thanked Frank Dallas of the Engineering Department and Bill McGuyan, Administrative Services, for the redesign of the Council Chamber. The Mayor also thanked the Police Officer for being in attendance at the meeting and reminded Council that in July they would have a Council workshop for their plans for the future.
	There being no further business, the meeting was recessed at 9:50 p.m. 
CONTINUATION OF REGULAR MEETING
TUESDAY, JUNE 17, 1986
	FAYETTEVILLE CITY COUNCIL
	CONTINUATION OF REGULAR MEETING
	SANITATION/FLEET MAINTENANCE CONFERENCE ROOM
	TUESDAY, JUNE 17, 1986
	7:00 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers Thelbert Torrey, Mark Kendrick, Jimmie Jones, Milo McBryde, J. L. Dawkins, Mildred Evans, Joseph Pillow, Samuel Johnson, Ida Ross.
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley convened the continuation of the regular meeting of June 16 1986. City Attorney Cogswell suggested to the Council that they meet an hour early before their next meeting to discuss zoning regulations.
	Council then began a review of the following departments:  Engineering, Sanitation, Community Services, Parks and Recreation.
	The Council reviewed the Other Appropriations budget. Upon motion by Councilmember McBryde, seconded by Councilmember Jones, the Council voted unanimously to propose the following changes be included in the final budget:
	1.	Four percent cost of living raise to all employees with no merit raises to any employee.
	2.	Reduce Council contingency to $100,000.
	3.	Fund outside agencies at 1985-86 level with an increase of $16,667 for the Arts Council.
	4.	Include the reduction in City Council travel to $2,000 per Councilmember and $2,500 for the Mayor.
	Mayor Hurley announced committee appointments:
	Policy Committee
	Milo McBryde, Chairman
	Mildred Evans
	Joe Pillow
	Buildings and Grounds
	Ida Ross, Chairman
	Mark Kendrick
	Transportation - Streets and Roads
	J.L. Dawkins, Chairman
	Sam Johnson
	Thelbert Torrey
	Liaison
	Mildred Evans
	Mark Kendrick
	Joe Pillow
	Liaison to the Arts Council - Thelbert Torrey
	Joint Law Enforcement Center Board - Milo McBryde
	There being no further business, the meeting was adjourned at 9:30 p.m.
REGULAR MEETING
MONDAY, JUNE 23, 1986
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, JUNE 23, 1986
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Rosa, Joseph Pillow, Thelbert Torrey, Samuel Johnson, and Mark Kendrick
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert R Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and the Invocation was given by Bishop J. V. Porter, Pastor and founder of the United Gospel Fellowship Christian Center. Mayor Hurley then led the Pledge of Allegiance to the Flag.
	Mayor Hurley requested that Mr. Smith check to see if it is possible to have the voting board lights adjusted so that the lights will not come on until all have voted.
	Mayor stated that the City Attorney has requested an executive session for litigation, land transaction and personnel matter.
	Councilmember Dawkins acknowledged the death of Mr. Charles Clark who headed the Chamber of Commerce for many years beginning in 1956 and was on the Airport Commission for many years. He stated that Mr. Clark had tried to make the world a better place to live and we will all miss him.
1.	Public hearing for Fiscal Year 1986-87 recommended budget and general revenue sharing budget.
	Mr. Smith stated that the recommended budget was duly advertised and a copy has been placed in the Clerks office for display. The total requested budget was $33,261,230 and staff is recommending to Council $29,740,767. Added to that with the proprietary fund of Transit, Airport, Internal Service Fund and PWC the total recommended budget is $159,675,288. The recommended budget does include four percent increase in City's tax rate.
	The Capital Budget, which includes capital projects, total $616,200.
	Mayor Hurley recognized Mr. Bobby Suggs, representing the Olde Fayetteville Association. Mr. Suggs distributed a copy to Council of the Association's accomplishments for the past year.  He also informed Council of the Association's requirements and they would appreciate Council's approval of their request for the coming year.
	Mr. Joe Temple, representing the Arts Council of Fayetteville Cumberland County, was recognized. He had the members present from the other arts groups, such as Fayetteville Little Theatre, the Arts Council and the Fayetteville Museum of Art, stand and be recognized. Mr. Temple stated that their budget had a $5,000 increase making it $25,000 this year. He asked Council to please not reduce the amount of their budget.
	Mr. Allen Barefoot of Bennington Road appeared before Council and requested that they consider the City employees for salary raises and merit raises. He stated it has been nine years since the City taxes have been raised and he stressed to Council the importance of the employees salary increase.
	Councilmember Ross stated that she was disturbed that there was no black department head in the City.
	Mr. David Sanders Clark, Secretary to Board of Directors and member of the Museum of Art, for thirteen of the fifteen years was recognized. He stated that the difference between the Arts Council and the Art Museum is that the Arts Council is like an umbrella and the Museum is more concentrated and specializes in fine arts and works towards education of arts.
	Mrs. Phyllis Laslett, Director of the Museum of Art, also appeared and introduced Ms. Libby Fosso who spoke on the methods of teaching art especially to children. They thanked Council for all the support.
	Mr. Ernest McNeil, Professor at Fayetteville State University, representing the Orange Street School Restoration Historical Association, Inc., appeared before Council and requested funds assistance for restoring the second oldest building in Fayetteville - Orange Street School. The use of the building will be a living history/multi-purpose museum. Some of the things that need to be done is a new roof and an architectural design study. He is recommending $90,000.  It was suggested that Mr. McNeil submit his request to the City Manager's office as an outside agency. Also to contact Mrs. Rosalie Kelly.
	Clinton Harris appeared as the coordinator for the Fayetteville/Cumberland County Citizens Association, P.O. Box 1792. Mr. Harris' address is 4713 Watauga Road, which is located in the County. Mr. Harris stated that all of the agencies requesting funds from the City have not provided them with Affirmative Action Plan and they are requesting this be done before funds are given these outside agencies.  Mr. Harris stated that he is also concerned that the capital improvements budget does not show the direction in which the City is going towards improving the image of our City.
	Mr. Harry Rudner, 2612 Fashion Lane, appeared before Council concerned with the rapes and assaults in Mazarick Park. He suggested a roving Police Officer he located in the Park.
2.	Public hearing on amendment of Fiscal Year 1985-86 General Revenue Sharing Budget.
	Mr. Smith stated that it was the general consensus of Council that some time before the end of the fiscal year that two additional quarterly payments should be appropriated to the City's insurance fund to cover contingent liabilities, insurance reserves, and insurance funds. The total amount would be $500,000.
	There was no one to appear for or against.
	Councilmember Dawkins offered motion to follow the recommendation and appropriate $500,000 of the Fiscal Year 1985-86 Budget General Revenue Sharing Budget into the insurance fund and adopt the 1985-86 Budget Ordinance Amendment Change 86-9, seconded by Councilmember McBryde and carried unanimously.
2a.	At this time, Mr. Smith stated that a public hearing had been advertised but omitted from the agenda concerning a public hearing for a redevelopment loan to Larry King for the Pemberton Building. Mr. Herrera stated that this was for an additional loan of $41,400 in order to complete this project. The proposed use of the building is for the first floor to be retail, second floor for office, and third floor for apartments. Mr. Cogswell verified that this was a tax-free loan under the program and the only liability to the City is limited solely to whatever payments the borrower makes. No City funds are involved, but a public hearing must be held under this program.
	Councilmember Dawkins stated that this was $325,000 in private money being spent abutting the Transit Mall. Only three blocks from where $24,000,000 in private money that has been spent in the last three years with $325,000,000 that will probably be spent in the 100 Block of Robeson Street making better than $25,000,000 in private funds spent in the downtown area.
	Councilmember Evans offered motion to approve the additional $41,400 loan making a total of $325,150 to complete the Pemberton Building project by Mr. Larry King, seconded by Councilmember Jones and carried unanimously.
3.	Consideration of proposal for Prince Charles Hotel.
	Mr. Smith stated that this goes back to 1977 when this City purchased the Hotel for approximately $176,000. After lengthy negotiations the City purchased the entire tract of land behind the Hotel all the way to the main rail track including the Amtrak Station. It was necessary to purchase this property through negotiation farther than condemnation because the property was owned by the railroad. The sale was finally closed in 1981. During 1983 and 1984, Zuchelli-Hunter put a proposed project together including a market feasibility study, a hotel franchise agreement with Radison, Inc., a commitment from a hotel operator and commitments from a financing firm for equity syndication. With this information, the City made application to the U.S. Department of Housing and Urban Development for an Urban Development Action Grant (UDAG) in the amount of $3,000,000. In June, 1984, the City was awarded $2.6 million in UDAG funds. The budget for the project was as follows:
	$2,600,000 Urban Development Action Grant 
	3,200,000 Syndicated Equity
	8,200,000 Long-Term Debt
	500.000 Section 108 Federal Loan
	In the summer of 1984, all commitments were in place to proceed with a project except for the placement of the $8.2 million in long-term debt. Through the Fall of 1984 and up through the spring of 1985 the developer working with the City staff and Fayetteville Progress attempted to place a long-term debt, but all attempts were unsuccessful.  Finally in the Fall of 1985 the City decided to turn to a new developer and requested proposals from interested developers. The City received proposal from Mr. John Schwarz, Mr. Barnes and Mr. Allen, Mr. Dwayne Anderson, Amhurst Development, and Owen Kugel. In 1986, Mr. Schwarz presented a proposal to the City Council that was rejected due to the long-term commitment he requested from the City for the project. The City began immediately contacting other developers that were still interested. We have before us at this time, three proposals: Mr. J. C. Bible has offered to purchase the property for $350,000 with no strings attached. Amhurst Development and Mr. Anderson are putting together proposals for developing the Hotel in accordance with the general concepts in the UDAG application. Mr. Bible's offer to purchase will expire on June 25, 1986. Therefore, some action will be needed on Mr. Bible's offer.
	Mr. Smith stated that the firm of Pannell, Kerr, Forster, CPA's has forwarded us the study of the market for the Prince Charles Hotel which the Redevelopment Commission recently ordered.  The essence of their study is as follows:
	•	They feel that the Prince Charles Hotel can achieve an occupancy rate which would be slightly lower than the overall market for similar properties.
	•	Their estimates of occupancy and average day room rate are predicted on the assumption that renovation revitalization in the immediate area of the Hotel will have occurred by the time the Hotel opens.
	•	The Hotel is projected to have 150 quest rooms, a 125-seat three-meal-a-day restaurant, an 80-seat intimate cocktail lounge, and a banquet and meeting space totalling 6,000 square feet. The rooms would have high quality - furnishings and fixtures.
	(A copy of Mr. Smith's memorandum summary of the background report and the executive summary of the latest market analysis is attached to the original minutes).
	Mr. John Nagel of the Amhurst Development Company from Pinecrest, North Carolina, appeared before Council. Mr. Nagel stated that they viewed the downtown as an overall project rather than taking the Hotel building, restoring it, and leaving the rest of the area in a rundown condition. They have talked with some of the property owners across the street from the Prince Charles Hotel and they seem interested in entering into this venture. Amhurst has offered the City $500,000 for the Hotel, nearby train station and 2.41 acres of property surrounding the Hotel. Mr. Nagel stated that they wanted to move the Amtrak Station closer to the hotel in order to convert it into a restaurant easily accessible to the Hotel.
	Councilmember Johnson was favorable to the concept of revitalizing the area across from Prince Charles but he was opposed to the railroad station being moved from its present location.
	Councilmember Evans offered motion to accept the proposal from Amhurst Development Company of Southern Pines and advertise the property for upset bids, seconded by Councilmember Ross.
	Following discussion, Councilmember Evans amended her motion to include allowing the staff to negotiate specific conditions. Mrs. Ross seconded the amendment, carried 8-1 with Councilmember Johnson voting no.
	Mr. Sandy Saunders Chairman of the Advisory Board for the Parks and Recreation was recognized and he stated that the joint meeting of the Parks and Recreation Advisory Board and City Council would meet July 8, at the Senior Service Center. Council will be served supper.
4.	Consideration of various budget ordinance amendments:
	a.	Change 86-10 is to CAP-8
	b.	Change 86-11 is to CAP 84-4, Air Cargo Facilities
	c.	Change 86-12 is to CAP 11, Airport Expansion
	d.	Change 86-13 is to CAP 86-2, Community Development Year 11
	e.	Change 86-14 is to CAP 84-2
	f.	Change 86-15 to CAP 12 Project Year 8
	g.	Change 86-16 to CAP 84-5 Project Year 9
	h.	Change 86-17 to CAP 85-1 Project Year 10
	i.	Change 86-18 to CAP 86-2 Project Year 11
	j.	Clo #86-3 is to CAP-11, Airport Expansion Project
	k.	Clo #86-4 is to CAP 84-4, Air Cargo Facilities
	l.	Clo #86-5 is to CAP 12, Community Development Year 8
	m.	Clo #86-6 is to CAP 85-1
	n.	Change 86-1 Financial Plan Amendment for Internal Service Fund
	Councilmember Evans offered motion to adopt the budget ordinances a-n, seconded by Councilmember McBryde and carried unanimously.
5.	Consideration of annual certification and roster for the North Carolina Fire and Rescue Squad Workers' Pension Fund.
	Councilmember McBryde offered motion seconded by Councilmember Kendrick and carried unanimously to approve the annual certification and roster for the North Carolina Fire and Rescue Squad Workers' Pension Fund.
6.	Consideration of Request for Fireworks Display Permit.
	Councilmember Jones offered motion to approve the request for fireworks display permit subject to conditions as stated in the Fire Department's June 17, memorandum, seconded by Councilmember Pillow and carried unanimously.
7.	Consideration of Agreement to Enter into the North Carolina League of Municipalities Risk Management Program for Auto and General Liability Insurance.
	Mr. Smith presented this item and recommended approval of the agreement.
	Councilmember Kendrick offered motion to approve the agreement to enter into the North Carolina League of Municipalities Risk Management Program for auto and general liability insurance, seconded by Councilmember Evans and carried unanimously.
	Mr. Smith stated that a Resolution of Intent to participate in the Transit Inter local Risk Financing Fund of North Carolina was not included in the agenda but he recommended that this be adopted.
	Councilmember Evans offered motion to adopt the Resolution of Intent, seconded by Councilmember Torrey, carried unanimously.
	RESOLUTION OF INTENT TO PARTICIPATE IN THE TRANSIT INTERLOCAL RISK FINANCING FUND OF NORTH CAROLINA. R1986-97.
	Mr. Smith brought to Council's attention a requirement of $1,000 insurance bond for purchasing privilege licenses by certain businesses. He stated that this requirement has been on the books for quite some time and Council might need to consider eliminating this requirement. It can be brought up as an ordinance amendment at a future meeting.
	At this time, Council recognized Mr. Robert Salazar of 7518 Paxton Drive. He was concerned about a billboard on Bragg Boulevard facing the traffic to Fort Bragg. Mr. Salazar stated that he feels this billboard is obscene and it should be removed or the language changed.  The billboard was put up by the people that are against abortion. Mr. Salasar stated that he feels this sign can be offensive and harmful to children viewing the sign.
	Mayor Hurley responded to Mr. Salazar by informing him that the City has no jurisdiction over things in the County.  The City Attorney will check on the location of the sign and get back with Mr. Salazar.
	Councilmember Ross had stated her concerns regarding the petition for the stop signs in the Marlborough Street area for Mr. Ben Watson. She stated that Mr. Watson had not received the petition form from the City Engineer. Councilmember Kendrick responded to Mrs. Ross's statement that he has been working with the City Engineer, Street Maintenance, and police Department regarding this petition and these stop signs and they are working on this matter now. Mr. Kendrick stated this may be why the City Engineer had not gotten in touch with Mr. Watson.
	Councilmember Kendrick offered motion, seconded by Councilmember Jones to enter executive session regarding litigation, land transaction and a personnel matter at 9:34 p.m.
	Council reconvened into regular session at 10:15 p.m. The City Attorney recommended that the City purchase lots 101 and 102 of College Lakes Section 1 from Mrs. Wilton Melton, for the purpose of a fire station, for the sum of $20,000, subject to the title being free and clear.
	Councilmember Dawkins offered motion to follow the recommendation to purchase lots 101 and 102 of College Lakes Section 1 from Mrs. Wilton Melton for the purpose of a fire station, for the sum of $20,000, subject to the title being free and clear, seconded by Councilmember Kendrick and carried unanimously.
	There being no further business, the meeting was adjourned at 10:18 p.m.
SPECIAL MEETING
TUESDAY, JUNE 24, 1986
	FAYETTEVILLE CITY COUNCIL
	SPECIAL MEETING
	SANITATION/FLEET MAINTENANCE CONFERENCE ROOM
	TUESDAY, JUNE 24, 1986
	7:00 P.M.
PRESENT:	Mayor Pro Tem J. L. Dawkins
		Councilmembers Thelbert Torrey, Mark Kendrick, Jimmie Jones, Milo McBryde, Mildred Evans, Joseph Pillow, Samuel Johnson, Ida Ross
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
ABSENT:	Mayor Bill Hurley
	Mayor Pro Tem called the Special Meeting of the City Council to order. The first item for discussion was the request by the orange Street School Committee to be included in the 1986-87 Budget. The staff reported that they were meeting with Mr. Ernest McNeill concerning his request and would be prepared to make a recommendation to the Council at their next meeting. Council indicated their desire to fund the Committee in its budget.
	Council then began a review of the following departments and budgets: General Revenue Sharing, Powell Bill, Sponsor Group, Parking Facilities, Central Business Tax District, Risk Management Fund, Debt Service, Transit, Airport, Fleet Maintenance, Public Works Commission.
	The City Manager was asked where he intended to find the $75,000 necessary to keep the 2 cent tax increase as requested at the last meeting. Mr. Smith's suggestion was to reduce the Police Department's budget by this amount and phase in the additional people and equipment.
	Councilmember Johnson moved that the Council grant a 6 percent cost-of-living increase across the board to all employees with a resulting 3.5 cent tax increase.  The motion was seconded by Councilmember Ross. Councilmember Evans offered a substitute motion to approve a 5 percent cost-of-living increase across the board to all employees with a 3 cent tax increase. The motion was seconded by Councilmember Jones. Mr. Jones then withdrew his second and the chair ruled that the substitute motion died for lack of a second. Councilmember Ross withdrew her second of the original motion and the chair ruled that the motion died for lack of a second.
	Councilmember McBryde moved that the Council continue with the proposal approved at the last meeting which included a 4 percent cost-of-living increase for all employees resulting in a 2 cent tax increase. Motion was seconded by Councilmember Jones. Motion was defeated with Councilmembers Pillow, McBryde, and Jones voting in the affirmative and Councilmembers Torrey, Kendrick, Dawkins, Evans, Johnson, and Ross voting in the negative.
	Councilmember Johnson moved that the City Council approve a 5.3 percent cost-of-living increase across the board for all employees resulting in a 3 cent tax increase. The chair ruled that Councilmember Johnson's motion died for lack of a second.
	Councilmember Pillow moved that the Council approve a 5 percent cost-of-living increase across the board for all employees with a 3 cent tax increase. The motion was seconded by Councilmember Evans. The motion carried with Councilmembers Pillow, Evans, Johnson, Dawkins, and Kendrick voting in the affirmative and Councilmembers Ross, Torrey, Jones, and McBryde voting in the negative.
	Upon motion by Councilmember McBryde, seconded by Councilmember Kendrick, the Council voted unanimously to convene into executive session to discuss personnel matters. The Council reconvened in regular session and upon motion by Councilmember Kendrick, seconded by Councilmember McBryde, voted to approve a 5 percent increase to the City Manager, increasing his salary to $57,750 per year with Councilmembers Kendrick, McBryde, Dawkins, Evans, Pillow, and Johnson voting in the affirmative and Councilmembers Jones, Torrey, and Ross voting in the negative.
	Councilmember McBryde moved that the Council approve a 5 percent increase to the City Attorney making his salary $50,400 per year.  The motion was seconded by Councilmember Evans. The motion carried with Councilmembers Torrey, Kendrick, McBryde, Dawkins, Evans, Pillow, and Johnson voting in the affirmative and Councilmember Ross and Jones voting in the negative.
	The Council set its next meeting for 5:30 p.m., Monday, June 30, 1986, in the Kyle House Conference Room to adopt the 1986-87 Budget.
	There being n further business, the meeting was adjourned at 10:45 p.m.
SPECIAL MEETING
MONDAY, JUNE 30, 1986
	FAYETTEVILLE CITY COUNCIL
	SPECIAL MEETING
	KYLE HOUSE CONFERENCE ROOM
	MONDAY, JUNE 30, 1986
	5:30 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Thelbert Torrey, Mark Kendrick, Jimmie Jones, Milo McBryde, J. L. Dawkins, Mildred Evans, Joseph Pillow, Samuel Johnson, and Ida Ross
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
	Mayor Hurley called the meeting to order and offered the invocation. Councilmember Evans moved that the Council approve the 1986-87 Budget Appropriation ordinance. The motion was seconded by Councilmember Dawkins. Councilmember Torrey offered a substitute motion to increase the cost of living raise to City employees to six percent (6%) with an increase in the tax rate by 3.75 cents. The Chair ruled the substitute motion died for lack of a second. The original motion carried, with Councilmembers Kendrick, McBryde, Dawkins, Evans, Pillow, and Johnson voting in the affirmative, and Councilmembers Torrey, Jones, and Ross voting in the negative.
	Council then considered a Resolution accepting Lookout Place for maintenance by the City. Upon motion by Councilmember Dawkins, seconded by Councilmember Kendrick, the Council voted unanimously to adopt the Resolution.
	There being no further business, the meeting was adjourned.
REGULAR MEETING
MONDAY, JULY 7, 1986
	FAYETTEVILLE CITY COUNCIL
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, JULY 7, 1986
	7:00 P.M.
PRESENT:	Mayor Hurley
		Councilmembers J.L. Dawkins, Milo McBryde, Mildred Evans, Jones, Ida Ross, Joseph Pillow, Thelbert Torrey, Samuel Johnson, and Mark Kendrick
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and the Invocation was offered by Reverend Ben Melvin, Trinity United Methodist Church. Following the Invocation the Mayor led the Pledge of Allegiance to the flag. Mayor Hurley then recognized Sandy Saunders of the Parks and Recreation Commission and presented him with a proclamation declaring July National Parks and Recreation month. The Mayor read the Proclamation and thanked Mr. Saunders for all the work that has been done by he and the Commission.
	The City Attorney requested an executive session for a property matter. 
1.	Consent:
	Mayor Hurley stated that the City Attorney had requested item U be added to the Consent items which was Public Works Commission right-of-way condemnation resolution.
	CounciLmember Kendrick requested item D, approval of minutes of regular meeting of June 16, 1986, be pulled for a correction on page 107. The motion made by Councilmember McBryde on item 5 failed 6 to 3 instead of passing 6 to 3. This matter will be placed on the agenda for the next meeting.
	Councilmember McBryde offered motion, seconded by Councilmember Dawkins and carried unanimously to approve consent items A through U, excluding D.
A.	Approval of minutes of special meeting of June 9, 1986.
B.	Approval of minutes of continuation of special meeting of June 11, 1986.
C.	Approval of minutes of special meeting of June 16, 1986.
D.	Deleted.
E.	Approval of minutes of continuation of regular meeting of June 17, 1986.
F.	Approval of minutes of special meeting of June 30, 1986.
G.	Approval of a request for a refund of City taxes to Josephine Jones McCall in the amount of $16.08.
H.	Approval of a request for a refund of City taxes to Lollie M. McKoy in the amount of $44.20.
I.	Approval of a request for a refund of City taxes to J.P. Stevens & Company, Inc. in the amount of $175.65.
J.	Approval of a request for a refund of City taxes to Nathaniel Stewart in the amount of $48.62.
K.	Approval of a request for a refund of City taxes to Gloria Wright in the amount of $55.91.
L.	Approval of a request for a refund of City taxes to Derrick Wynne in the amount of $70.50.
M.	Set Public Hearing for August 4, 1986, to consider the paving of Brook Street from end of existing pavement to 23 feet eastwardly.
	A PRELIMINARY RESOLUTION REQUIRING THE PAVING PURSUANT TO PETITION OF BROOK STREET FROM END OF EXISTING PAVEMENT TO 23 FEET EASTWARDLY. RESOLUTION NO. R1986-98.
N.	Set public Hearing for August 4, 1986, to consider amendments and revisions to the City of Fayetteville Zoning Ordinance, Chapter 32, governing dish antennas (earth stations) within the City limits.
O.	Set public Hearing for August 4, 1986, to consider amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32 “Zoning,” Article III, Section 32-5; Item (21.1) “Nonsolid Fence or Wall” and Article VI, Section 32-49 “General Yard Regulations,” Item (4) addressing fences and walls regulations within any residential or commercial district.
P.	Set public Hearing for August 4, 1986, to consider the rezoning from R6 Residential District to P1 professional District or to a more restrictive zoning classification for an area located on the east side of Ramsey Street (US 401 North), north of Bartow Drive.
Q.	Set public Hearing for August 4, 1986, to consider an amendment to the City of Fayetteville Code of Ordinances, Chapter 32 “Zoning,” Article XI, Section 32-73(f) addressing withdrawal procedures of rezoning applications.
R.	Approval of the rezoning of Tract 1 from R10 Residential District to C(1)P Shopping Center District, the rezoning of Tract 2 from C1 Local Business District to C(1)P Shopping Center District, the rezoning of Tract 3 from R5A Residential District to C(1)P Shopping Center District and the rezoning of Tract 4 from C1 Local Business District to R5A Residential District or to more restrictive zoning classifications for an area located on the south side of the All American Expressway, west of Owen Drive and north of Oliver Street.
S.	Award of contract for purchase of one gas-fired pot hole patcher body replacement to R.G.S. Industries, Inc., lowest responsible bidder.
T.	Authorize advertisement of amendment to Lease Agreement between Fayetteville Airport Commission and Powell Avionics.
U.	Consideration of adoption of resolution for the authorization for PWC to condemn sewer line right-of-way across property of Clyde A. Culbreth and wife, Jaybelle Culbreth; Dorothy G. Culbreth, widow; and Gladys A. Culbreth Murray, unmarried.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF CLYDE A CULBRETH AND WIFE, JAYBELLE CULBRETH; DOROTHY G. CULBRETH, WiDOW; AN) GLADYS A. CULBRETH MURRAY, UNMARRIED. RESOLUTION NO. R1986-99.
2.	Public Hearings:
A.	Consideration of closing Williams Street from Russell Street to Franklin Street.
	Mr. Bennett presented this item and stated that the initial plan of Ray Avenue extension was to be along the west side of the railroad tracks and, several years ago, the decision was made to extend Ray Avenue along the east side of the tracks where it is now being constructed. Mention has been made of the benefits of Williams Street as an escape when Franklin Street be blocked by trains. There is some benefits to this block of Williams Street as an escape route. Because of the benefits as an escape route for the general public, the police, and other emergency vehicles, staff recommends Williams Street remain open. Mr. Bennett stated that the Ray Avenue extension completion date will hopefully be August 11, 1986.
	The City Manager stated that based upon these concerns, he recommends taking no action on the request at this time and reconsider the request after Ray Avenue is open for a period of time for us to evaluate the impact of the new Ray Avenue.
	Mr. Bob McCoy, M&O Chevrolet, the only property owner on that street, appeared in favor of having Williams Street closed. He stated that it has been temporarily closed for some time and there being very little traffic there other than their own, it would benefit them to consolidate their property. Mr. McCoy further stated that the train would create a blocking situation in that area.
	There was no one to appear in opposition.
	Councilmember McBryde offered motion to follow the recommendation of the City Manager and continue this public hearing until a traffic survey has been made after the completion of the Ray Avenue extension, seconded by Councilmember Ross. Following some discussion, it was decided that the public hearing had been completed.
	Councilmember McBryde amended his motion to follow the recommendation of the City Manager and continue the decision until the traffic survey has been made after the Ray Avenue extension completion, motion carried unanimously.
B.	Consideration of the paving pursuant to petition of West Street from Whitfield Road to South Street.
	Mr. W. D. O'Quinn, owner of several pieces of property and trailers on that street, appeared in favor stating that he has tried for 14 years to get the street paved and would appreciate Council's approval.
	There was no one in opposition present at the meeting.
	Councilmember Ross offered motion to adopt the resolution for paving West Street from Whitfield Road to South Street, seconded by Councilmember Jones and carried unanimously.
	A FINAL RESOLUTION REQUIRING THE PAVING OF WEST STREET FROM WHITFIELD ROAD TO SOUTH STREET.  RESOLUTION NO. R1986-100.
C.	Consideration of the rezoning from C1 Local Business District to R6 Residential District or to a more restrictive zoning classification than presently zoned for an area located on the west side of Ramsey Street, south of Floyd Street.
	Mr. Mitchell presented this case, Number P86-57, and stated that the Planning Board recommends denial, but the planning staff recommends approval based on the fact that the site meets the location criteria for medium-density residential development as outlined in the Land Use Policies Plan and that the R6 Residential District is an appropriate zoning district designation for medium-density development.
	Robert Winters, representing the petitioner Mrs. Ana Chao, appeared in favor of this rezoning. Most of Mrs. Chao's property is zoned R6 but a small portion is beyond therefore, in order for townhouses to be constructed on this property, it would need to be rezoned to R6.
	Councilmember Evans informed Mr. Winters that the Council only considered rezoning for what could be done with property, not what is intended for the property.
	Opposed to the rezoning was Mr. C. V. Carroll, representing several property owners in the area. He stated that this has been a quiet, long-time resident area and they do not want it saturated with transients. Mr. Carroll presented to the City Clark a petition consisting of 129 names of either property owner or renters in the area that are opposed to the rezoning.
	Also opposed was Mr. Frank Crumbley, 130 Rowland Circle. Mr. Crumbley stated that the area consisted of long-time residents. He also stated he would have to install a chain-linked fence around his property to keep children from playing there and possibly vandalizing his belongings. Mr. Crumbley also stated that his property would become a cut-through.
	Mrs. Virginia Carroll, 2404 Morganton Road, stated that she was the property owner behind this area and her land had been used for different organizations, youth groups and handicapped children, and church organizations. She stated that the nature of the neighborhood is quiet and residential and this type of construction that is planned would only bring in transients which would be bad for the area. She shared also a concern about the traffic situation that could result.
	Mr. Tommy Watts, 2919 Ramsey Street, stated that he was concerned with the deterioration of the lake in that area due to the erosion from the building construction.
	Councilmember Evans offered motion to approve the rezoning. There was no second to her motion.
	Councilmember Jones offered motion to deny the rezoning, seconded by Councilmember Ross and carried 8 to 1 with Councilmember Evans voting no. 
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) - (Longleaf Villas - 5501 Ramsey Street).
	Mr. Smith stated that this is a 100 percent property-owner petition annexation. The petition has been reviewed by the Annexation Management Team and has recommended approval.
	Opposed to the annexation was Mr. Clinton Harris, representing the Fayetteville/Cumberland County citizens Association, Post Office Box 1792, Fayetteville, North Carolina 28302, and a resident of 4713 Watuaga Road, Fayetteville, North Carolina 28304. Mr. Harris stated that he is opposed to this annexation because it would dilute the minority voting; and unless the Council goes to the single-member districts and none at-large, he would be opposed to the annexation.
	Mayor Hurley stated that he feels any time an annexation matter comes before Council, it will probably be objected to for this same reason and he requested a member of the staff to respond to the objection. The City Attorney responded that we subunit the information to the Department of Justice and they do their own investigation and then inform us.
	Councilmember McBryde offered to adopt the annexation ordinance, seconded by Councilmember Dawkins and carried 8 to 1 with Councilmember Ross voting no.
	AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  5501 RAMSEY STREET - LONGLEAF VILLAS (RALEIGH ROAD).  ANNEXATION ORDINANCE NO. 86-7-296.
3.	PWC Matters:
A.	Consideration of an offer to purchase City property by North Carolina Department of Transportation.
	Mr. Tom McNeil stated that these two small parcels of property were transferred from Carolina Power and Light Company many years ago as part of a sale of a 69KV subtransmission line. NCDOT wishes to purchase, in fee simple, a portion of each of these parcels in connection with construction of the CBD Loop. The sale of the property would not conflict with PWC's electric system. Mr. McNeill stated that the value of the property is limited to its use as a right-of-way for PWC's transmission circuit. The Commission voted unanimously to forward this offer to the City and recommended acceptance of DOT's offer.
	Councilmember Evans offered motion to approve the sale, seconded by Councilmember Kendrick and carried unanimously.
B.	Consideration of bid award to Rigby Electric Supply Company for purchase of 200,000 feet 1/C-1/0 Solid 3/4 Hard Drawn Conductor.
	Councilmember Evans offered motion to award to the low bidder, Rigby Electric Supply Company, in the amount of $249,600, seconded by Councilmember McBryde and carried unanimously.
C.	Consideration of bid award to Rigby Electric Supply Company (low bidder meeting specifications) for purchase of 12 Group Operated Disconnect Switches, 25KV, 1200 AMP GOAB.
	Councilmember Johnson offered motion to award to the low bidder meeting Rigby Electric Supply Company, in the amount of $33,432, seconded by Council Pillow and carried unanimously.
D.	Consideration of bid award to Burroughs Corporation for purchase of Document Processor.
	Councilmember McBryde offered motion to award to Burroughs Corporation in the amount of $64,533 as the low bidder, seconded by Councilmember Kendrick and carried unanimously.
4.	Appearance by Mr. Rufus Memory to appeal action of City Manager and City Attorney in denial of claim for damages.
	Mr. Smith stated that Mr. Memory had left a phone message in his office that he would not be present at the meeting. Mr. Smith stated that he recommended Council take no action on this item until he can get in touch with Mr. Memory. Council took no action.
5.	Consideration of reallocation of Section 9A Transit Grant funds to the State of North Carolina.
	Councilmember Johnson asked if these funds could not be used in another area instead of returning them. Mr. Smith responded that the monies are allocated for this and if not used, are returned to Washington to be distributed to other states and therefore he recommends that the funds be reallocated to the Governor of North Carolina to be used by cities in North Carolina.
	Councilmember Jones asked if these funds could not be used for purchasing passenger vans. Mr. Stancil responded that for these purchases it would have to go through a planning process and the deadline for using these funds would expire. Then the money would automatically go back to Washington.
	Councilmember Evans offered motion to approve the reallocation to the state, seconded by Councilmember Dawkins and carried unanimously.
6.	Consideration of recommendations from the Future Fayetteville Task Force.
	There was some discussion by Council on desiring a more detailed list or breakdown of the items being requested. Council also wanted to hear from the parks and Recreation Advisory Board before making a decision on this and since an information meeting is scheduled with the parks and Recreation Advisory Board and City Council on Tuesday night, July 8, Councilmember Evans offered motion to continue the action until the July 8 meeting, seconded by Councilmember McBryde. The City Attorney advised Council that this would need to be done at the end of tonight's meeting rather than at this point. Therefore, the motion and second were withdraw.
7.	Consideration of the sale of City and City/County property:
	Councilmember McBryde offered motion to adopt the resolutions authorizing the sale of City property for items A, B, and C.
A.	City/County owned property known as Vacant Lots 70 and 72 of the Bevill and Vanstory Subdivision (Deed Book 2584, page 695) located on Stevens Street.
	A RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY FOR VACANT LOTS ON BEVILL AND VANSTORY SUBDIVISION. RESOLUTION NO. R1986-101.
B.	City/County owned property on the south side of Wiley Street.
	A RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY FOR VACANT LOT ON SOUTH SIDE OF WILEY STREET. RESOLUTION NO. R1986-102.
C.	City owned property located on the west side of Cowan Street south of Ira Street intersection.
	A RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY FOR VACANT LOT ON COWAN STREET. RESOLUTION NO. R1986-103.
8.	Consideration of request for stop intersections on Marlborough Road.
	Councilmember Johnson established that this is the situation that Ben Watson had been concerned about for some time.  Councilmember Kendrick stated that this is the project he has been working with the Engineering Department in response to Mr. Watson's request.
	Councilmember McBryde offered motion to adopt the ordinance on a 90-day triad basis as recommended by the City Engineer, seconded by Councilmember Evans and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 6 - STOP INTERSECTIONS). ORDINANCE NO. NS1986-13.
9.	Consideration of Budget Amendment 87-1.
	Mr. Smith stated that this Amendment is to bring funds forward from the fiscal year 85-86 budget to the fiscal year 86-87 budget for three (3) items which were budgeted but not purchased before the end of the fiscal year.  The items are the pot hole patching machine, the roof repair at the Transit/Fleet Maintenance building on Grove Street, and the reappropriation of the funds donated to the Police Department for bullet-proof vests.
	Councilmember Jones offered motion to approve the Budget Amendment 87-1, seconded by Councilmember Pillow and carried unanimously.
10.	Consideration of Resolution Fixing Date of Public Hearing on Question of Annexation Pursuant to G.S. 160A-31, as amended.
	Councilmember Evans offered motion to set a public hearing for July 21, 1986, on the five areas as suggested, seconded by Councilmember Kendrick.  Mr. Smith requested that item D be deleted due to a problem with the petition because of a change in ownership.
	Councilmember Evans amended her motion to read set Public Hearing for July 21 for items A through E, deleting D. Mr. Kendrick amended the second and the motion carried unanimously.
	Councilmember Jones asked if there were trailers going to be placed in this area and he was assured by staff that they would not be placed.
A.	Cross Pointe Shopping Center
	A RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED (MORGANTON ROAD AT 401 BYPASS). RESOLUTION NO. R1986-104.
B.	Newcastle
	A RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED (OFF CLIFFDALE ROAD).  RESOLUTION NO. R1986-105.
C.	Kinwood by the River.
	A RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED (EXTENSION OF DOBSON DRIVE). RESOLUTION NO. R1986-106.
D.	Delete
E.	North Lake.
	A RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED (END OF OATES DRIVE). RESOLUTION NO R1986-107.
11.	Consideration of Resolution authorize sale of property to James M. Cooper for the sum of $49,800.00 (3.29 acres on west side of Eastern Boulevard - CD property)
	Councilmember McBryde offered motion to adopt the Resolution for authorization of the sale of property as recommended, seconded by Councilmember Evans and carried unanimously.
	A RESOLUTION AUTHORIZING THE SALE OF CITY PROPERTY (WEST SIDE OF EASTERN BOULEVARD - CD PROPERTY).  RESOLUTION NO. R1986-108.
12.	Consideration of repeal of Section 17-15 of the Fayetteville City Code of Ordinances “Bond required of certain businesses.”
	Councilmember Dawkins introduced the ordinances and moved for its adoption, seconded by Councilmember Pillow and carried unanimously.
	AN ORDINANCE OF THE FAYETTEVILLE CITY COUNCIL REPEALING SECTION 17-15, “BOND REQUIRED OF CERTAIN BUSINESSES” OF THE FAYETTEVILLE CITY CODE OF ORDINANCES. ORDINANCE NO. S1986-5.
	The above ordinance is on file in the City Clerk's office in Ordinance Book S1986.
13.	Consideration of final payment to Cumberland Paving for Transit Mall Project.
	Mr. Smith stated that this final payment has been held up due to a lawsuit still pending. The City takes no position one way or the other as to who is at fault or who was responsible and the City is not a defendant in the lawsuit. The dispute arises over the payment for bricks supplied on the Transit Mall and is between the paving company and the Contracting company. It is recommended that Council authorize the Mayor to sign the indemnification agreement and the City make final payment to Cumberland Paving Company.
	Mr. Stancil stated that there is also a pending matter concerning the Transmit Mall and that is the replacement of broken slats in the benches to be replaced under the warranty.
	Councilmember McBryde offered motion to approve the final payment to Cumberland Paving Company subject to staff reaching an agreement with Mr. Berry to replace the slats in the benches. Motion was seconded by Councilmember Dawkins and carried unanimously.
	The Mayor and Councilmembers expressed their concerns over the conduct of people on the Transit Mall during functions and the vandalism that is conducted. Council instructed the City Manager to have the police officers visible on the Commons at all times.
14.	Delegations - none.
15.	Appointments:
A.	Election of Jane Cherry to the Board of Appeals - Dwellings and Buildings.
	Councilmember Jones offered motion, seconded by Councilmember Kendrick to elect Mrs. Jane Cherry to the Board of Appeals, carried unanimously.
B.	Election of F. Royal Loyd, Jr. to the Board of Adjustment.
	Councilmember Johnson offered motion, seconded by Councilmember Ross to elect F. Royal Loyd, Jr.
	Councilmember Pillow stated that information he received in the agenda packet indicated that Mr. Lloyd had not attended a meeting last year and is up for reappointed. Councilmember McBryde stated he had also seen this information and requested that the election of Mr. Lloyd be postponed until Mrs. Joyner could contact him to see of his intentions to attend future meetings.  Councilmember Johnson withdrew his motion and Councilmember Ross withdrew her second.
C.	Nominations to fill one (1) vacancy on the Board of Adjustment (three-year term to expire July, 1989).
	Councilmember Johnson nominated Mr. Jim Breswitz to fill one vacancy on the Board of Adjustment.
D.	Nomination to fill one (1) vacancy on the Parks and Recreation Advisory Commission.
	Councilmember Kendrick nominated Ms. Wilma Mazerick.
	At this time, Mayor Hurley asked if Councilmembers had any matters of interest to discuss. Councilmember Evans requested to be excused from the next nesting due to being out of town and this was granted.
16.	Administrative Reports:
A.	Report concerning storm sewer construction.
	Mr. Bennett presented photographs and a report on the storm sewer construction along rear of lot number 8 - Hastings Drive. Mr. Joe Phillips had appeared before Council on June 2, 1986, concerning this problem. Mr. Phillips had installed his own pipe in the drainage ditch and was informed by the City Engineering Department that this would have to be removed. Mr. Bennett stated that the property owner of this lot had installed a 24-inch pipe that is scrape pipe. A light rain had overflowed the top of this pipe and onto adjoining property owner's land. (A copy of Mr. Bennett's memorandum is attached to the original minutes.)
	Following lengthy discussion, Councilmember Kendrick offered motion to table this matter until the next Council meeting, seconded by Councilmember Jones.
	Councilmember Johnson offered substitute motion to postpone this matter until the next Council meeting and authorize the City Engineer to negotiate with the developers on financial assistance with this drainage problem, seconded by Councilmember Dawkins and carried unanimously.
B.	Statement from Cumberland County Tax Collector of taxes collected for the month of May, 1986.
	Mr. Smith presented the statement of taxes collected for the month of May, 1986.
	Mr. Smith presented an additional item that was omitted from the agenda. A public hearing needs to be set to consider the 1986-87 Transit Operating Grant Application. The suggested date is August 18.
	Councilmember Dawkins offered motion to set the public hearing for August 18, 1986, to consider the 1986-87 Transit Operating Grant Application, seconded by Councilmember McBryde and carried unanimously.
	Mr. Stancil presented a report on the Orange Street School. He stated that the restoration group had met with Mr. Ken Robinson of the Planning Department and Mr. Murphy, Historical Properties. They have recommended that the group work with Mr. Robinson, Mr. Murphy, and Mr. Barfield with the Cape Fear Museum, to determine what needs to be done and the cost so that a proposal can be presented to Council.
	Following lengthy discussion, Council agreed to staff's proposal.
17.	Matters of interest to Council:
	Councilmember Johnson requested Mr. Bennett to check with property owners on two corners that he felt need to be widened, to see if he can negotiate purchasing enough property from him for this widening. The corners are on Pinecrest Drive and Westmont. Mr. Johnson also stated that he agreed that the Transit Mall is very beautiful but not very practical. He requested that maybe some modifications could be made to allow parking. Mr. Johnson stated he has had many requests from downtown businesses and citizens requesting parking and traffic be allowed on the Hay Street Mall.
	Mayor Hurley responded that UMTA money was the only way that the Mall could be constructed and cars nor traffic cannot be allowed on the downtown Mall.
	Mr. Dawkins stated that the Belk property for parking in the 100 block should help the situation and he has also heard several remarks from citizens regarding opening of the downtown Mall to traffic.
	Councilmember Ross asked if there was a possibility of extending Little Theater to one of the theaters downtown to hold more patrons and with things happening downtown, vandalism might not be as much.
	Councilmember Evans commented that she has had no problem parking in the downtown area and that she is there quite often. Mrs. Evans stated that she does not feel that is the problem now. She also stressed the fact that if traffic is allowed in that area, then approximately $2 million would have to be refunded to UMTA.
	Councilmember McBryde stated that a Policy Committee meeting would be set for Tuesday, July 15, at 7:00 p.m. to discuss Mayor Pro Tem guidelines for conducting meetings, smoking in the Council Chambers, rotation of the board and commission members, open ditches, and other matters.
	Councilmember Dawkins stated that he was proud of the birthday celebration not only with the City and the State, but also the nation and that this was a very special Fourth holiday. Mr. Dawkins stated that we have very much to be thankful for.
	Mayor Hurley concurred with Mr. Dawkins' remarks and stated that we need to continue to promote our City.  He thanked the police officer for being in attendance at the meeting and reminded everyone of the meeting Tuesday night, July 8, at 6:30 with the Parks and Recreation Commission. Mayor Hurley also wished the City Manager and his wife a nice vacation.
	The City Attorney requested that a litigation item be added for discussion at the executive session.
	Councilmember McBryde offered motion to enter executive session for a property matter and litigation, seconded by Councilmember Kendrick and carried unanimously at 9:38 p.m.
	Council reconvened into regular session at 10:02 p.m. and Councilmember McBryde offered motion to continue this meeting until Tuesday, July 8, at 6:30  p.m., seconded by Councilmember Dawkins and carried unanimously.
CONTINUATION OF REGULAR MEETING
TUESDAY, JULY 8, 1986
	FAYETTEVILLE CITY COUNCIL
	CONTINUATION OF REGULAR MEETING
	SENIOR SERVICES CENTER
	TUESDAY, JULY 8, 1986
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Thelbert Torrey, Mark Kendrick, Jimmie Jones, Milo McBryde, J. L. Dawkins, Mildred Evans, Joseph Pillow, Samuel Johnson and Ida Ross
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley convened the continuation of the regular meeting of July 7, 1986. He recognized the members of the Parks and Recreation Advisory Commission and the Friends of the Parks who were present at the meeting. Mayor Hurley then recognized Reverend Sandy Saunders, Chairman, Parks and Recreation Advisory Commission, who made a presentation concerning Parks and Recreation and the proposed bond referendum. Reverend Saunders recommended that the Council consider changing the bond referendum issues to pull the Downtown Linear Park from the general park improvements, reducing the amount for general park improvements to $8,000,000.00. The Downtown Linear Park would then become a separate item on the ballot with the restoration of Cool Spring for $1,000,000.00.
	Upon motion by Councilmember Dawkins, seconded by Councilmember McBryde, the Council voted unanimously to direct the staff to prepare the appropriate resolutions to initiate a bond referendum in the following package:
	Street Improvements	$10,656,000.00
	Sidewalks	1,084,300.00
	Storm Drainage	5,000,000.00
	Fire Station	305,000.00
	General Park Improvement	8,000,000.00
	Downtown Linear Park and
	Cool Spring Restoration	900,000.00
	Stadium	3,000,000.00
	TOTAL	$25,945,300.00
	Councilmember Dawkins' motion included the direction that of the $900,000 for the Downtown Linear Park and Cool Spring Restoration, $100,000 would be allocated to Cool Spring.
	There being no further business, the meeting was adjourned.
REGULAR MEETING
MONDAY, JULY 21, 1986
	FAYETTEVILLE CITY COUNCIL
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, JULY 21, 1986
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Milo McBryde, Jimmie Jones, Ida Ross, Joseph Pillow, Samuel Johnson, and Mark Kendrick. Councilmember Torrey arrived at 7:15 p.m. Councilmember Dawkins arrived at 7:20 p.m.
Absent:	Councilmember Evans (Excused)
Also Present:	John P. Smith, City Manager
			Roger L. Stancil, Assistant City Manager 
			Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and the Invocation was given by the Reverend Teresa Lawrence, St. Luke's AME Church. Mayor Hurley lead the Pledge of Allegiance to the Flag following the Invocation.
	Youth Council members Richard Newton and Ashley McIlwain were recognized.
	The City Manager requested an Executive Session to be held at the end of the meeting on a property matter.
1.	Consent:
	Councilmember McBryde requested that Item F 1, 2, and 3 be pulled for discussion.
	Councilmember Ross offered motion, seconded by Councilmember Jones and carried unanimously to approve the consent items A-G deleting F.
A.	Approval of minutes of regular meeting of June 16, 1986.
B.	Approval of minutes of regular information meeting of June 23, 1986.
C.	Approval of minutes of special meeting of June 24, 1986.
D.	Approval of minutes of regular meeting of July 7, 1986.
E.	Approval of minutes of continuation of regular meeting of July 8, 1986.
F.	(Pulled for discussion)
G.	Set Public Hearing for August 18, 1986, to consider closing Stella Street from the western line of the Carolina Telephone and Telegraph Company westerly for a distance of 80.15 feet (the northwest corner of the Marsh property).
	PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF STELLA STREET. RESOLUTION NO. R1986-109.
F.	Award of contracts for the following purchases:
1.	Contract for purchase of safety shoes to W. E. Burroughs Company, Inc., lowest responsible bidder meeting specifications, W. E. Burroughs Company, Inc. in the amount of $7,082.10.
2.	Contract for purchase of uniforms to Hub-Stinnette Uniforms, Inc., lowest responsible bidder, HUB-Stinnette Uniforms, Inc. in the amount of $57,602.30.
3.	Contract for purchase of safety shoes to Saf-Gard Safety Shoe Company, Inc., the lowest bidder meeting specifications, Saf-Gard Safety Shoe Company, Inc. in the amount of $6,795.00.
	Councilmember McBryde stated he did not feel that enough information was sent in the package concerning these items. For example, how many shoes are involved and what departments. Also, the second lowest bid was taken instead of the lowest bid on one item.
	Mr. Pillow questioned why only one bid was taken on uniforms.
	Mr. Jones questioned why there were two separate bids on shoes.
	Mr. McGugan was recognized and responded that there is more of a monopoly in the area because of merging or there were just no other bids offered. The Fire Department shoes are a safety shoe, and the low bidder did not meet specifications. Mr. McGugan also further stated that hopefully in the future, the uniforms will be purchased in one lump and then altered in-house.
	Councilmember Torrey arrived at 7:15 p.m.
	Councilmember Ross offered motion to award the bid contracts on Item F 1, and 3 as recommended, seconded by Councilmember Kendrick, and carried unanimously with a 7-0 vote. Councilmember Dawkins and Evans absent.
2.	Public Hearings:
A.	Consideration of drainage improvement, pursuant to petition, along the common property line between lots 83 and 84 - Country Club North, Plat Book 44, Page 9 - 3485 Thamesford Drive.
	Councilmember Johnson asked the City Engineer if this drain pipe was going installed properly from front to back because of the problems of drainage that exists in other parts of the City.
	Councilmember Jones stated he did not feel that the citizens should not be assessed any amount of this pipe being installed because the developer in this area built many houses that caused water run-off creating this drainage problem. He further stated that the pipe at 3606 Clearwater Drive should be put in free also. Mr. Jones stated that he feels when a permit is issued by the Inspection Department, it should be covered thoroughly that this would be taken care of by the developer.
	Mr. Charles Willis, 3485 Thamesford Drive, owner of Lot 83, appeared in favor and requested that the pipe be turned to go to the sublet instead of the direction that it was planned. He also stated that he agreed with Mr. Jones that he should not have to pay for this project.
	There was no one in opposition to appear before Council.
	Councilmember Jones offered motion to provide the drainage improvement along the common property line between Lots 83 and 84 - Country Club North, 3485 Thamesford Drive and 3606 Clearwater Drive, at the City's expense and in the future work closer with the developer to prevent this from happening, seconded by Councilmember Ross.
	Mayor Hurley requested that Mr. Bennett explain the current policy on this matter. Mr. Bennett responded that the many drainage problems caused the Council to adopt this policy because the City did not have the money to pay for the many miles of ditches and streams to be piped at 100% of the City's budget cost. The City would not participate in any subdivision or new property development. Only in correcting old or existing situations and only if there is street water going into the channel, then the City will recognize 1/2 of the cost. Mr. Bennett further responded that basically what the Council was doing was keeping the property owners of substandard property from having to pay 100% to bring the lot up to par when it wasn't worth that in the first place.
	Councilmember Dawkins offered substitute motion to adopt the resolution, seconded by Councilmember McBryde and carried 5-3 with Councilmembers Jones, Kendrick and Ross voting no.
	FINAL RESOLUTION ORDERING THE CONSTRUCTION OF A STORM SEWER AND DRAINAGE SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, INTO A PORTION OF COUNTRY CLUB NORTH, SECTION 3. RESOLUTION TITLE R1986-110.
	The Chair suggested that any time a change in a policy is requested that it should go before the Policy Committee first.
B.	Consideration of an ordinance to extend to the corporate limits of the City of Fayetteville, North Carolina (pursuant to G.S. 160A-31, as amended) - (Cross Pointe Shopping Center).
	There was no one present in favor of the annexation.
	Opposed was Mr. Clinton Harris, Coordinator for the Fayetteville-Cumberland County Citizens Association, Post Office Box 1792, Fayetteville; Residence - 4713 Watauga Road. Mr. Harris stated that knowing the City has requested from the U.S. Justice Department, Civil Rights Division, a delay for sending the City Council approved July 7, 1986 annexation. Also, that the annexations will dilute minority (black) voting strength (at-large and in districts) and that District Number 4 is landlocked, and that members of the City Council are not elected based on the principle of 1-man-1-vote (single-member districts) and that the six single member districts were based on Gerrymandering to obtain the three at large seats and the City was less than candid with the U.S. Justice Department, Civil Rights Division. Mr. Harris stated that he would be making this same objection to each of the proposed annexations, therefore he was presenting a copy of his memo with the objections to the Council and City Clerk for the record in the essence of saving time. (A copy of Clinton Harris' memo of objection is attached to the original minutes.)
	The City Attorney responded to Mr. Harris' objection about the delay. He stated that we are not trying to delay sending the annexations to the Justice Department but only requested sending several annexations at once due to the amount of paperwork involved in sending just one.
	Councilmember McBryde introduced the following ordinance and moved to adopt the ordinance annexing Cross Pointe Shopping Centre, seconded by Councilmember Kendrick and carried with a vote of 6-2, Councilmembers Torrey and Ross voting no.
	AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA - CROSS POINTE CENTRE. ANNEXATION ORDINANCE NUMBER 86-7-297.
C.	Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, North Carolina (pursuant to G.S. 160A-31, as amended) - (Newcastle).
	There was no one present in favor of the annexation.
	Mr. Harris referred to his memo in opposition.
	Councilmember McBryde introduced the following ordinance and moved to adopt the annexation ordinance for Newcastle, seconded by Councilmember Kendrick and carried 5-3 with Councilmembers Jones, Torrey and Ross voting no.
	The City Attorney stated this would require a second reading. Mr. Jones stated he voted no because he did not know if the land was developed or undeveloped. Mr. Jones was informed that the information was included in the packet. Mayor Hurley asked Mr. Jones if he would like a revote and Mr. Jones responded in the affirmative. Mayor Hurley then called for a revote. The motion carried 6-2 with Councilmembers Torrey and Ross voting no.
	AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA - NEWCASTLE. ANNEXATION ORDINANCE NUMBER 86-7-298.
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) - (Kinwood by the River). Mr. Stancil stated that this is currently undeveloped property.
	There was no one in favor of the annexation present at the meeting.
	Mr. Clinton Harris referred to his memorandum of oppositions.
	Councilmember Dawkins introduced the following ordinance and moved to adopt the annexation ordinance for Kinwood by the River, seconded by Councilmember Johnson and carried with a 6-2 vote, Councilmembers Torrey and Ross voting no.
	Councilmember Dawkins stated that all of these actions have to go before the U.S. Justice Department for approval.
	AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA - KINWOOD BY THE RIVER. ANNEXATION ORDINANCE NUMBER 86-7-299.
E.	Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, North Carolina (pursuant to G.S. 160A-31, as amended) - (North Lake). Mr. Stancil stated that this is currently undeveloped land.
	There was no one present in favor of this annexation.
	Mr. Harris referred to his memorandum of oppositions.
	Councilmember McBryde introduced the following ordinance and moved to adopt the annexation ordinance for North Lake, seconded by Councilmember Dawkins and carried 6-2 with Councilmembers Torrey and Ross Voting no.
	AN  ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA - NORTH LAKE. ANNEXATION ORDINANCE NUMBER 86-7-300.
3.	Planning Board Matters:
Consideration of the rezoning of Tract 1 from C3 Heavy Commercial District to R5 Residential District and the rezoning of Tract 2 from R5 Residential District to C3 Heavy Commercial District or to more restrictive zoning classifications for an area located south of Bragg Boulevard, west of Ames Street.
	Mr. Mitchell presented this item and stated that the City of Fayetteville was the applicant and they were asking for Tract 1 to be rezoned from C-3 Heavy Commercial to R-5 Residential and that Tract 2 be rezoned from R-5 Residential to C-3 Heavy Commercial in an attempt to straighten the zoning line. Case No. P86-18.
	Councilmember Ross offered motion to rezone Tract 1 from C-3 Heavy Commercial District to R-5 Residential District and to rezone Tract 2 from R-5 Residential District to C-3 Heavy Commercial District, seconded by Councilmember Dawkins and carried unanimously, 8-0.
4.	PWC Matters:
Approval of bid award to Autry Grading, Inc., for construction of a portion of Sanitary Sewer Interceptor Line “T” from Raeford road to Cliffdale Road.
	Councilmember Johnson offered motion to accept the low bid of $183,474.92 from Autry Grading, Inc., seconded by Councilmember Ross and carried unanimously.
	Mr. Wood reported that the Glenwood Plant is back on line and capable of handling 8,000,000 gallons of water. He thanked everyone on behalf of PWC on voluntarily cutting back on water usage. We have gone from a crisis to a water shortage.
5.	Presentation by Human Services Commission concerning observance of Martin Luther King's birthday.
	Council recognized Mrs. Karen Darlington, member of the Human Services Commission. She stated they wanted to clarify an article that appeared in the Fayetteville Observer on July 11. It was not the Human Services Director seeking the Martin Luther King Holiday, but rather the Human Services Commission. Also, it intimated that the Commission would be appearing before Council to fight for this holiday, but rather to request that Council adopt the resolution requesting this holiday, the third Monday in January as Martin Luther King, Jr.'s birthday observance.
	Mrs. Elesa Brown, the Human Services Commission Chairman appeared before Council and read the resolution. (A copy of this resolution is attached to the original minutes.)
	Glorious U. Fowler, the Martin Luther King, Jr. Committee Chairman, appeared before Council and gave a report on the observances sponsored in this area.
	Mr. Richard Griffith, a Human Services Commission member, also appeared before Council requesting approval of the resolution. There were over 100 representatives supporting this resolution present in the audience.
	Mr. John Godbolt, Commission member, was recognized and asked Council to please join the 12 cities in North Carolina to observe the Martin Luther King, Jr. birthday holiday.
	Councilmember Torrey offered motion to adopt the resolution presented by the Human Services Commission, seconded by Councilmember Ross.
	Councilmember Dawkins made note of the fact that no American, black or white, had been awarded a paid holiday for the City. Also, until staff has had a chance to review this resolution and assure us that we can legally adopt it the way it is written, he felt action should be postponed.
	Councilmember Dawkins offered motion to postpone this matter until August 4 meeting to enable the staff to review the resolution, seconded by Councilmember McBryde.
	Councilmember Ross was opposed to putting this off because it is something that has been going on for some time.
	Councilmember Pillow questioned the legality of approving this since it would change the City's Charter.
	A vote was called on the substitute motion and it carried unanimously 8-0.
6.	Consideration of petition from Westwood Subdivision for additional traffic control.
	Councilmember Kendrick requested that Item 6 be pulled from the agenda and placed on the August 4 meeting agenda due to residents requesting time to discuss this, and he feels that there has not been ample time for a final decision to be made on this matter.
	Councilmember McBryde offered motion to postpone Item 6 until August 4, seconded by Councilmember Dawkins and carried unanimously 8-0.
7.	Consideration of streets proposed for resurfacing - 1986-87 budget.
	Councilmember McBryde offered motion to refer this item to the Streets, Roads, and Transportation Committee, seconded by Councilmember Jones and carried unanimously.
8.	Consideration of a Resolution Relating to the Application to the Local Government Commission for Approval of Bonds to be Used for General Park Improvements, Downtown Linear and Historic Parks Improvements, Multi-purpose Municipal Stadium, Street and Thoroughfare Improvements, Sidewalks, Storm Drainage, and a Fire Station.
	The City Attorney stated that in order for this bond referendum to be held at the November 4 election, then the adoption of the resolution authorizing application to Local Government Commission would have to be at the July 21 or 28 meeting. Also, September 2 would be the last date to deliver the application package to Local Government Commission.
	Councilmember Kendrick stated he had received information that this bond referendum was being ramrodded down the throats of the new Councilmembers and he does not feel this is true. Mr. Kendrick further stated that he feels they are all doing their homework on this and all matters.
	Councilmember Ross referred to the list of categories and amounts to be on the bond referendum and asked what if she did not agree with all of the items listed.
	Mr. Cogswell responded that Council can amend but not increase or substantially change the purposes of the issue.
	Councilmember Pillow introduced the amended resolution, seconded by Councilmember Torrey and carried with a 7-1 vote, Councilmember Ross voting no.
	RESOLUTION RELATING TO THE APPLICATION FOR APPROVAL OF THE ISSUANCE OF PARK BONDS, LINEAR AND HISTORIC PARK BONDS, MUNICIPAL STADIUM BONDS, STREET AND THOROUGHFARE BONDS, SIDEWALK BONDS, STORM DRAINAGE BONDS AND FIRE STATION BONDS. RESOLUTION NO. R1986-111.
9.	Consideration of a Resolution of the City of Fayetteville, North Carolina, giving preliminary approval to a financing plan for the comprehensive Downtown Fayetteville Restoration Partnership project in the City of Fayetteville Business District Redevelopment Area and indicating intent to approve the issuance of up to $10,000,000 of Urban Redevelopment Bonds at the appropriate time to pay the cost of repair and rehabilitation and associated fees and expenses of said facilities.
	Mr. Smith stated that there would be no cost to the taxpayers.
	Councilmember McBryde offered motion to adopt the resolution, seconded by Councilmember Torrey and carried unanimously 8-0.
	RESOLUTION OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, GIVING PRELIMINARY APPROVAL TO A FINANCING PLAN FOR THE COMPREHENSIVE DOWNTOWN FAYETTEVILLE RESTORATION PARTNERSHIP PROJECT IN THE CITY OF FAYETTEVILLE BUSINESS DISTRICT REDEVELOPMENT AREA AND INDICATING INTENT TO APPROVE THE ISSUANCE OF UP TO $10,000,000 OF URBAN REDEVELOPMENT BONDS AT THE APPROPRIATE TIME TO PAY THE COST OF REPAIR, REHABILITATION AND CONSTRUCTION ASSOCIATED FEES AND EXPENSES OF SAID FACILITIES. RESOLUTION NO. R1986-112.
10.	Consideration of an ordinance ordering the demolition and removal of the structure located at 818 Teachers Drive. Mr. Haire stated that this was an unoccupied dwelling.
	Councilman McBryde offered motion to adopt the ordinance ordering the demolition and removal of the structure located at 818 Teachers Drive, seconded by Councilmember Torrey and carried unanimously 8-0.
	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 (818 Teachers Drive) ORDINANCE NO. NS1986-14.
11.	Consideration of an Ordinance ordering the demolition and removal of the structure of 121 East Kennedy Street.
	Mr. Haire stated that there was a mistake concerning the location. It should be 121 South Kennedy Street instead of East.
	Councilmember Kendrick introduced the ordinance to demolish and remove the structure at 121 South Kennedy Street, seconded by Councilmember Dawkins and carried unanimously 8-0.
	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 (121 South Kennedy Street) ORDINANCE NO. NS1986-15.
	Mayor Hurley expressed concern about a particular lot on Robeson Street near Commerce. The owner uses it for unsightly junk, and the Mayor inquired as to what can be done to eliminate this problem. Mr. Cogswell responded that an ordinance to remove the items from this property can be made, but then it will cost the City a large amount of money to have it removed if the owner does not comply. A lien can then be put against the property to get reimbursement, but the money must be paid up front to have this work done and can be very expensive to the City. Mayor Hurley asked staff to check and see if something can't be done to clean this area.
12.	Consideration of the revised contract with Pearce's Mill Fire Department.
	Mr. Stancil presented this item and stated that they had completed the installation of fire hydrants in this area and the Board of Directors of Pearce's Mill Fire Department concur with he and the Chief that it would be in the best interest of the residents of the area and City and Pearce's Volunteer Fire Department for the City to assume the total responsibility for fire service. Mr. Stancil recommended that Council authorize the Mayor to execute the contract to be effective August 1.
	Councilmember Kendrick offered motion to authorize the Mayor to execute the contract effective August 1 with Pearce's Mill Volunteer Fire Department, seconded by Councilmember Ross and carried unanimously, 8-0.
13.	Consideration of an ordinance amending Chapter 28, “Taxicabs,” of the Fayetteville City Code.
	The City Attorney stated that we are dealing with an area of public safety, and this amendment would make a penalty for a second offense during suspension a mandatory revocation.
	Councilmember Jones introduced the ordinance and moved its adoption on the first reading, seconded by Councilmember Ross and carried unanimously 8-0. 
14.	Delegations or individuals wishing to address Council:
	Ms. Bettie Joe Goodenough requested that the Councilmembers speak into their microphones and speak up because they're having trouble hearing what is being said.
15.	Appointments:
A.	Election of F. Royal Lloyd, Jr., and Jim Breswitz to the Board of Adjustment.
	Councilmember Johnson stated that Mr. Breswitz did not wish to serve at this time. Therefore, he would like to nominate Mr. William H. Owen, III.
	Councilmember Dawkins offered motion to elect F. Royal Lloyd, Jr. and William H. Owen, III, seconded by Councilmember Kendrick and carried unanimously.
B.	Election of Wilma Mazarick to the Parks and Recreation Commission.
	Councilmember Jones offered motion to elect by acclamation Mrs. William Mazarick, seconded by Councilmember Ross and carried unanimously.
C.	Nominations to fill one vacancy on the Senior Citizens Advisory Commission.
	Councilmember Kendrick nominated Robert E. Lee.
16.	Administrative Reports:
A.	Statement from Cumberland County Tax Collector of taxes collected for the month of June, 1986.
	Mr. Smith submitted the statement from Cumberland County Tax Collector for the month of June, 1986.
B.	Request for disposal of surplus property of minimal value.
	Mr. Smith stated that this was a report rather than a request. He is reporting to the Council that the property in the memorandum from Mr. McGugan has been disposed of.
C.	Status of Prince Charles sales contract.
	Mr. Smith stated that Council had previously authorized advertisement of this offer to purchase and for the City Manager to negotiate terms of the contract. A memorandum from the City Attorney lists the terms contained within the contract. (A copy of Mr. Cogswell's memorandum of July 16, 1986, is attached to the original minutes).
17.	Matters of Interest to Council:
	Mr. McBryde stated he was concerned with the crime in the downtown area. During the past weekend, there was a break-in at Hay Street Methodist Church and Cato's. Mr. McBryde requested a schedule of the foot patrol in the downtown area from the Police Chief.
	Mr. Smith responded that this would be an item at the information meeting.
	Councilmember Jones made mention of the proposed 911 system.
	Mayor Hurley proposed two meetings for Council. One a goal setting session, and the other a joint Council/PWC meeting. There will be a tour of several facilities after this meeting. Council agreed on September 4 for the PWC/City Council meeting. Mr. Smith stated that the Institute of Government is planning a session for new Councilmembers for a one-day workshop on August 11. No date was set for the goal setting session.
	Councilmember Dawkins requested that the Streets, Roads, and Transportation Meeting be held after the regular information meeting on July 28.
	Councilmember Kendrick asked about the procedure for having lots cleared that need to be cleaned up.
	Mr. Cogswell responded that the owner or person in possession of the property is given written notice, and they have seven days to do something about it. If they don't comply, then another notice is sent, notifying them it will cost them $75.00 plus the City's cost for clearing the lot if they don't do it within the next seven days. Mr. Cogswell stated that a title search must be done and this can take a long time.
	Councilmember Pillow questioned the overgrowth around stop signs, particularly in the Eccles Park area.
	Mr. Cogswell also responded that there was an ordinance to take care of this, however, the Engineering Department usually handles these situations.
	The Mayor asked if Council wished him to continue working on the bond referendum. Council agreed and the Mayor stated he would appoint a committee to work on public awareness and fund raising.
	The Mayor also made mention of the parking situation of the employees of the library - whether they should park further away from the library in the leased lot and leave the close area for the customers.
	Councilmember Johnson suggested that they be allowed to park in the Old Dickenson Buick lot. It needs to be used by the library employees. The Mayor stated that the City did not own this lot and would have to lease it for the employees. Mr. Johnson stated that he felt we should do this.
	Mr. Smith informed Council that the library provides parking for employees and customers and wanted additional lease spaces for the overflow.
	Mr. Horace Thompson was recognized and stated that most of the employees of the library do park in the library lower lot in the rear of the building. Council instructed staff to contact Mr. Jerry Thrasher, Library Director, to work something out.
	Mayor Hurley thanked the officer for being present at the meeting.
	Councilmember Pillow offered motion for Executive Session to discuss a property matter at 9:40 p.m., seconded by Councilmember McBryde, carried unanimously.
	Council reconvened into regular session at 10:05 p.m., and there being no further business, the meeting was adjourned.
INFORMATION MEETING
MONDAY, JULY 28, 1986
	FAYETTEVILLE CITY COUNCIL
	INFORMATION MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, JULY 28, 1986
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Thelbert Torrey, Mark Kendrick, Jimmie Jones, Milo McBryde, J. L. Dawkins, Mildred Evans, Joseph Pillow, Samuel Johnson, Ida Ross
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order. The invocation was given by Councilmember Johnson, followed by the Pledge of Allegiance to the Flag.
	First item for consideration by the Council was a presentation on the proposed Downtown Historic District. Stuart Kerr, Chair, Historic District study Committee of the Revitalization Commission, presented the Committee's recommendation. Assistant City Manager Suzan Cheek and Ken Robinson of the Joint Planning Board also discussed the proposal. After the discussion, Council asked the City Manager to place the appropriate action on the agenda for the next Council meeting.
	Police Chief Ron Hansen presented a report on the staffing of vehicle and foot patrol in the downtown business district.
	There being no further business, the meeting was adjourned.
REGULAR MEETING
MONDAY, AUGUST 4, 1986
	FAYETTEVILLE CITY COUNCIL
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, AUGUST 4, 1986
	7:00 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Samuel Johnson, Mark Kemdrick, Thelbert Torrey
ABSENT:	Councilmember J. L. Dawkins
ALSO PRESENT:	John P. Smith, City Manager
			Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and the invocation was given by City Attorney Cogswell. Mayor Hurley led the Pledge or Allegiance to the Flag following the invocation.
	Youth Council Members Carol Hudspeth and Joe Johnson were recognized.
	Mayor Hurley then recognized Vic Garber, General Recreation Supervisor, City Parks and Recreation Department, who helped the Mayor present plaques to the young athletic local winners in the track and field events. They are Harold McDonald, Melisa Murphy, Constance Hart, Tara Richards, Tonya Taylor, Sabrina Hart, Marvina Hamilton, and Torrence Haley.
	Mr. Garber explained that the Hershey Company of Hershey, Pennsylvania promotes national recognition of track and field events in young people. They will recognize five winners from each state, and Harold McDonald will be representing our state in the standing broadjump.
1.	Consent:
	Councilmember Ross wanted the minutes of July 21, 1986 to show that her attempt to make a substitute motion to Councilmember Dawkins' substitute motion was not allowed by the parliamentarian and her attempt would have been germaine to his motion. Therefore, she would like to request that she be allowed to speak at the beginning of Item No. 5.
	Mayor Hurley granted Mrs. Ross's request.
	City Attorney Cogswell stated that Item 13 of the July 21 minutes should show a correction to the Taxicab Ordinance changing Section 28-160 in Section 2 to 28-60.
	Councilmember Evans offered motion, seconded by Councilmember Kendrick, to approve Consent Items A through J 3 with the above corrections and adopting ordinances and resolutions.
A.	Approval of minutes of regular meeting of July 21, 1986.
B.	Approval of minutes of regular information meeting of July 28, 1986.
C.	Approval of a request for a refund of City taxes to William Eugene Owen in the amount of $18.09.
D.
E.	Approval of a request for a refund of City taxes to Charles Thomas Adkins in the amount of $20.55.
F.	Approval of a request for a refund of City taxes to Carolina Model Home Corporation in the amount of $181.38.
	Adoption of an ordinance amending Chapter 28, “Taxicabs,” of the Fayetteville City Code. (Second reading)
	AN ORDINANCE AMENDING CHAPTER 28, “TAXICABS,” OF THE FAYETTEVILLE CITY CODE OF ORDINANCES (VIOLATIONS). ORDINANCE NO. S1986-6.
	The above Ordinance is on file in the Clerk's office in Book of Ordinance S1986.
G.	Set Public Hearing for August 18, 1986, to consider establishment of an Historic District Commission.
H.	Adoption of Resolution Fixing Date of Public Hearing on Question of Annexation Pursuant to G.S. 160A-31, as amended, for the following areas:
	RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION ON ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED. LAKE CREEK FARM (FORMERLY KNOWN AS SCOTS CROFT). RESOLUTION ND. R1986-113.
	Lake Creek Farm (Note: This petition area was formerly known as Scots Croft.) (Suggested public hearing date is August 18, 1986.)
I.	Approval of a Lease Agreement between the Fayetteville Airport Commission and Powell Avionics.
	RESOLUTION AUTHORIZING THE AMENDMENT OF THE LEASE OF CITY OF FAYETTEVILLE PROPERTY (POWELL AVIONICS). RESOLUTION NO. R1986-114.
J.	Approval of the following Budget Ordinance Amendments:
	1.	Budget Ordinance Amendment Change 87-2 establishes revenues and expenditure budget for the “Seat Belt Awareness” grant in the Police Department.
	2.	Capital Project Ordinances 87-8800 and 87-8810 are for Airport grants to improve runway 4/22, and Taxiway, aprons, and access roads.
	3.	Capital Project ordinance Amendment change 87-1 to CAP 86-8763 (formerly 86-3) adds an amount for the redistribution of part of the Grant Accountant's salary.
2.	Public Hearings
A.	Consideration of the paving of Brook Street from end of existing pavement to 23 feet eastwardly.
	Mr. Bennett presented this item and stated that he has received a petition from the two property owners abutting an unpaved section of Brook Street which is only 23 feet in length.
	There was no one present for or against.
	Councilmember Pillow introduced the following resolution and moved its adoption, seconded by Councilmember Jones and carried unanimously, 3 to 0.
	FINAL RESOLUTION REQUIRING THE PAVING OF BROOK STREET FROM END OF EXISTING PAVEMENT TO 23 FEET EASTWARDLY. RESOLUTION NO. R1986-115.
B.	Consideration of amendments and revisions to the City of Fayetteville Zoning Ordinance, Chapter 32, governing dish antennas (earth stations) within the City limits.
	Mr. George Vaughan presented this matter stating that the fourth draft of the proposed dish satellite ordinance was different in that there was no permit fees in the fourth draft except for Board of Adjustment cases if a variance was needed which would be a fee of $100. Secondly, that the satellite dishes were established as a permitted use in the R15 district and permitted through all the residential districts. Mr. Vaughan stated that staff recommended approval of the proposed ordinance amendment revision because the proposed amendments would set forth provisions necessary to regulate satellite dish antennas (earth stations) within the City limits.
	The City Attorney clarified the variance was not a special use permit.
	Mr. John Monaghan, Jr., Fayetteville Appearance Commission, appeared in favor of this ordinance.
	In opposition was Mr. Mac Tyson, 214 Dick Street, representing High Teen Company. He stated this ordinance was discriminating against small dishes and the cost of a $100 fee is too great in comparison with the cost of the dish. The length of time getting this approved was also unreasonable.
	Also in opposition was Ms. Rae Harris, High Tech Company. She stated that it is not fair to make the customers wait for public hearing and for neighborhood opposition to be aired nor was the $100 fee fair.
	Mr. Cogswell stated that a building permit could be issued at a cost of $18 up to a $1,500 investment. He stated he could work with the Inspection Department and Planning Department to eliminate any situations involved in processing this through the Building Inspection Department, if this is the procedure they wish to use.
	Councilmember Evans stated that she feels there are no experts in the Building Inspection Department concerning this matter, and it would be worth $18 to anyone to be able to put the dish in their front yard.
	Following lengthy discussion, Councilmember McBryde offered motion to end the public hearing and return this to the City Attorney for changes to the ordinance, seconded by Councilmember Jones, and carried 7 to 1 with Councilmember Evans voting no.
C.	Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32, “Zoning,” Article III, Section 32-5; Item (21.1) “Nonsolid Fence or Wall”; and Article VI, Section 32-49 “General Yard Regulations,” Item (4) addressing fences and walls regulations within any residential or commercial district.
	Mr. Vaughan presented Case P86-86 and stated that the Planning staff recommends approval because the proposed amendment would clarify the types, location and height restrictions of fences or walls permitted in residential and commercial districts and that the proposed amendment would set forth a definition of a non-solid fence or wall.
	There was no one presented for or against this ordinance.
	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, “ZONING,” OF THE FAYETTEVILLE CITY CODE OF ORDINANCES. ORDINANCE NO. S1986-7.
	Councilmember Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried 7 to 1 with Councilmember Jones voting no.
	Councilmember Jones stated that he voted no because he had not been explained the side yard, corner lot information that he requested during discussion.
	The above ordinance is on file in the Clerk's office in Ordinance Book S1986.
D.	Consideration of the rezoning from R6 Residential District to P1 Professional District or to a more restrictive zoning classification for am area located on the east side of Ramsey Street (U.S. 401 North), north of Bartow Drive.
	Mr. Vaughan presented this item and stated that the Planning staff recommends denial or the requested rezoning because the Land Use Plan calls for residential development at this location and that approval of requested rezoning would promote strict commercial development along Ramsey Street.
	Mr. Ted Kinney appeared in favor of the denial stating that he is an area resident and property owner and does not want it changed from residential.
	Mr. Jim Mohler representing the property owner requesting the rezoning stated that they were opposed to the denial of the rezoning because this is a highly-traveled area on the corner of Ramsey Street and the surrounding houses are being used for other than residential, such as a church office and two day-care centers.
	Mr. Robert Tart, 118 Bartow Drive, appeared in favor of the rezoning, stating that he owns most of one side or the street in that block including one of the day-care centers.
	Councilmember Evans offered motion to follow the recommendation of staff to deny the rezoning from R2 Residential to P1 Professional an area located on the east side of Ramsey Street, north of Bartow Drive, seconded by Councilmember Kendrick and carried 5 to 3, Councilmembers McBryde, Jones and Johnson Voting no.
E.	Consideration of an amendment to the city of Fayetteville Code of Ordinances, Chapter 32. “Zoning,” Article XI, Section 32-73(f) addressing withdrawal procedures of rezoning applications.
	Mr. Vaughan presented this matter and stated that Planning staff recommends approval or the proposed ordinance amendment because it will eliminate some of the confusion of the general public notified of rezoning cases as to what is the process and it will also eliminate “speculative” and/or “controversial” rezoning applications from being considered more than one time within a 12-month period.
	There was no one present for or against.
	Following brief discussion, Councilmember Kendrick offered motion to adopt the ordinance amending Chapter 32, “Zoning,” Article 11, Section 32-73(f) addressing withdrawal procedures of rezoning applications, seconded by Councilmember Ross and carried 5 to 3 with Councilmembers McBryde, Johnson and Jones voting no. This will constitute a first reading.
3.	Public Works Commission Matters:
	Mr. Tim wood presented this item and stated that these were the low evaluated bids.
A.	Approval of bid awards for purchase of various sizes of overhead and padmount transformers to the low bidders.
	Hesco, Inc.
	3	333	KVA, 10 overhead, 13.2kV-277 Volts        $ 9,801.00
	4	333	KVA, 10 Overhead, 13.2kV-120/240 Volts 13,764.00
	100	50	KVA, 10 Padmount, 12.47/7.2 Volts          101,000.00
	1	150	KVA, 30 Padmount, 12.47/7.2 Volts              3,590.00
	3	167	KVA. 10 Padmount, 12.47/7.2 Volts              6,288.00
	Mill-Power Supply Company:
	25	50	KVA, 10 Padmount, (24.9/14.4v)             $ 30,600.00
	1	300	KVA, 30 Padmount, 24.9/14.4 Volts             5,577.00
	4	15	KVA, 10 Overhead, 12.47/7/2 Volts             1,488.00
	Wesco-Favetteville:
	30	75 	KVA, 10 Padmount, 12.47/7.2 Volts       $ 43,320.00
	Central Maloney:
	20	100 	KVA, 10 Padmoumt, 12.47/7/2 Volts      $ 29,560.00
	Eastern Electric Supply Co.:
	1	1500 KVA, 30 Overhead, 24.9/14.4 x 12.47/7.2  $ 14,702.00
	Approval of bid award to Eastern Electric Supply Company, the low bidder, for the purchase of 20,900 pounds Code “Fayetteville” Bare Aluminum Conductor in the amount of $19,228.00.
	Councilmember Evans offered motion to approve A and B as recommended, seconded by Councilmember Johnson and carried unanimously 8 to 0.
4.	Planning Board Matters:
	Consideration of the rezoning from R5 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located at 415, 417, and 419 Bevil Street.
	Mr. Vaughan presented this item and stated that the Planning staff recommends denial or. the requested rezoning from R5 to M2 and approval or C1 Local Business District based on the following:
	1.	That the Land Use Plan calls for commercial development at this location and that the C1 Local Business District is an appropriate zoning district designation for commercial uses.
	2.	That the C1 Local Business District is a logical extension of the C1 Local Business District which adjoins three sides or the subject property.
	3.	That approval of M2 Industrial District would constitute spot zoning in that it would grant special development privileges to this property not enjoyed by other properties with similar locations and characteristics.
	Councilmember Kendrick offered motion to follow the recommendation to rezone to C1 Local Business District instead or M2 Industrial District, seconded by Councilmember McBryde and carried unanimously 8 to 0.
	At this time Mayor Hurley recognized Dr. G. Wesley Allen and his wife, Sylvia, present in the audience, Dr. Allen is the newly elected member or the Airport Commission.
5.	Consideration of a ordinance amending Chapter 22-39A “Holidays” of the City of Fayetteville.
	Mr. Smith presented this item and stated that an attempt to formulate a recommendation, he has reviewed a number of factors and alternatives:
	1.	Fayetteville is low among major cities in the number of paid holidays.
	2.	Floating holidays would be difficult to administer in many of the larger departments, especially Sanitation and Transit.
	3.	Cost is not a significant factor although holidays do often cause some additional overtime and stand-by pay, depending upon circumstances.
	4.	Some employees may oppose losing an existing holiday in favor of Martin Luther King, Jr.'s birthday.
	5.	The City does not currently honor any specific American hero such as Washington or Lincoln with a holiday (Washington's Birthday is a national holiday).
	Based upon these factors, Mr. Smith made the following recommendations for Council's consideration:
	1.	That the City honor the hero of the American Revolution and First President or the United States by observing George Washington's birthday on the third Monday in February as a holiday for City employees.
	2.	That the City honor the memory of Martin Luther King, Jr. by observing the third Monday in January as a holiday for City employees.
	3.	That the City delete one holiday from the current list of holidays, specifically Easter Monday, bringing the number of annual holidays to nine for City employees.  (Other options include Veterans' Day, Memorial Day and Labor Day.)
	The other available options include:
	1.	Leaving the schedule as is.
	2.	Adding Martin Luther King, Jr.'s birthday.
	3.	Adding Martin Luther King, Jr.'s birthday and George Washington's Birthday for ten holidays.
	4.	Adding Martin Luther King, Jr.'s birthday and George Washington's Birthday and deleting two others.
	Mr. Smith further stated that with regard to the resolution adopted by the Human Services Commission, he does not recommend that the City take any action attempting to influence decision of the State of North Carolina as to its holiday schedule. The state holiday schedule has little, if any, impact on City government.  (A copy of Mr. Smith's memorandum of July 31, 1986 and the breakdown or holidays of cities in North Carolina are attached to the original minutes.)
	Councilmember Ross asked to have those in the auditorium that are in support of the two additional holidays to please rise for recognition.
	Councilmember Ross offered motion to adopt the ordinance adding Martin Luther King, Jr.'s birthday and George Washington's birthday for ten holidays, deleting the removal of Easter Monday, seconded by Councilmember Jones.
	Councilmember Johnson offered a substitute motion to accept George Washington and Martin Luther King, Jr.'s birthday, adding only one holiday and delete Veterans' Day. There was no second to the motion, returning to the main notion.
	Mayor Hurley called for a vote on the original motion and it carried 7 to 1, Councilmember McBryde voting no.
	AN ORDINANCE AMENDING SEC. 22-39(a) “HOLIDAYS” OF CITY CODE OF CITY OF FAYETTEVILLE (GEORGE WASHINGTON AND MARTIN LUTHER KING, JR.) S1986-8.
	The ordinance is on file in the Clerk's office in Ordinance Book S1986.
	Councilmembers Johnson and McBryde were in favor of relinquishing only one holiday.
6.	Consideration of petition from Westwood Subdivision for additional traffic control.
	Mr. Bennett presented this item and stated that in response to a petition by the area residents of the Westwood Subdivision, the Engineering Department has conducted a study or traffic operations in the Westwood Subdivision. He stated that the petition specifically asks for all approaches to all intersections be ordinanced as stop locations. Mr. Bennett further stated that they did not find a particular problem in this neighborhood; however, he recommends the establishment of one four-way stop intersection at Rushmore Drive and Palomar Street. Hopefully this will discourage the cut-through traffic.
	Mr. Smith stated that he had received a letter from Mr. Larry McGlothlin, President of the Westwood Watch Association, stating that the association had met with the City Manager and the City Engineer recently and voted unanimously to request City Council modify the proposal offered and recommended that the intersections of Palomar and Rushmore Drive and Whitney and Rushmore Drive be made four-way stops on a 90-day trial period.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 6 - “STOP INTERSECTION.”) ORDINANCE NO. NS1986-16.
	Councilmember McBryde introduced the foregoing ordinance and moved to adopt the four-way stop signs at the intersections of Rushmore and Palomar and Whitney and Rushmore Streets on a 90-day trail basis, seconded by Councilmember Jones and carried unanimously 8 to 0.
7.	Consideration of the following Prince Charles Hotel matters:
A.	Sale Agreement on the Prince Charles Hotel and adjoining property.
	Mr. Cogswell stated that the sale of the Prince Charles site and Amtrak Railroad Station have been advertised and no other offers had been made. At this time the City and Amtrak had a gentlemen's agreement on the moving of the Station and building a new one. Therefore, Mr. Cogswell suggests that on the contract with Amherst, Page 9, Paragraph 3, add language that the moving of the Amtrack Station and the building of a new station would be consistent with Amtrack. Also the same type of language should be added to the resolution, and with those changes, Mr. Cogswell recommended adoption. He further stated that Mr. Nagel would need to get approval of the Secretary of Interior before the building can be moved.
	Mr. Smith stated that in terms of dollars the City would come out better in building a new station than trying to renovate the old one. He further stated that Mr. Nagel would also have to get approval from the Secretary of Interior on any renovations done to the building.
	RESOLUTION APPROVING SALE OF THE PRINCE CHARLES HOTEL SITE AND THE AMTRACK RAILROAD STATION TO AMHERST DEVELOPMENT COMPANY. R1986-116.
	Councilmember Evans introduced the foregoing resolution and moved its adoption with the changes recommended by the City Attorney, seconded by Councilmember Ross and carried unanimously, 8 to 0.
B.	Resolution requesting bond allocation from the State for the Prince Charles Hotel.
	Mr. Smith stated that each calendar year, the City has to reapply for the allocation.
	Councilmember Evans questioned the wording on Item 5 in the resolution stating that the revenue bonds shall be special obligations of the City and neither the credit nor the taxing power of the City shall be pledged for the payment of the principle of or interest on the bonds. Mrs. Evans was concerned about the use of the words, “Special Obligations.”
	Mr. Smith explained that the special obligation as opposed to general obligation meant that the City would not have to have taxes raised for the project. General obligation would create an increase in taxes.
	RESOLUTION OF THE CITY OF FAYETTEVILlE, NORTH CAROLINA APPROVING THE APPLICATION FOR ALLOCATION FOR PRIVATE ACTIVITY BONDS AND GIVING PRELIMINARY APPROVAL TO A FINANCING PLAN FOR THE RENOVATION AND NEW CONSTRUCTION OF THE COMPREHENSIVE DOWNTOWN FAYETTEVILLE RESTORATION PROJECT IN THE CITY OF FAYETTEVILLE CENTRAL BUSINESS DISTRICT REDEVELOPMENT AREA; AND TAKING OTHER PRELIMINARY ACTIONS. RESOLUTION R1986-117.
	Councilmember Pillow introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously, 8 to 0.
8.	Consideration of Resolution authorizing employment of Bond counsel.
	Mr. Cogswell stated that after adoption of the resolution on July 21, 1986, the Local Government Commission and bond counsel have made certain recommendations for changes in the wording and amounts contained in this resolution. The Commission stated that since they would ultimately be the ones selling these bonds and they only sell them in increments of $5,000.00, Mr. Cogswell stated that there were two amounts in the previous resolution that were not the $5,000.00 figure. They also found a couple of phrases that should be changed. In paragraph 2D of the previous resolution, one amount was for $10,656,000 and should read $10,660,000 having to do with thoroughfare street system, and paragraph E dealing with sidewalks shows $1,084,000, and this should be $1,085,000. Other than that, the language authorizing the City Manager to employ the bond counsel has been deleted because we found out that the counsel and the Local Government Commission has to approve it. Mr. Cogswell recommends that it would be easier to rescind the previous resolution of R1986-111 and adopt the new resolution.
	RESOLUTION RELATING TO THE APPLICATION FOR APPROVAL OF THE ISSUANCE OF PARK BONDS, LINEAR AND HISTORIC PARK BONDS, MUNICIPAL STADIUM BONDS, STREET AND THOROUGHFARE BONDS, SIDEWALK BONDS, STORM DRAINAGE BONDS, AND FIRE STATION BONDS. R1986-118.
	Councilmember McBryde moved to adopt the foregoing resolution rescinding Resolution No. R1986-111, seconded by Councilmember Pillow and carried unanimously 8 to 0.
	Mr. Cogswell stated that in order to keep on the schedule to make application to Local Government Council, a resolution of publication or intent must be adopted.
	RESOLUTION PROVIDING FOR PUBLICATION OF NOTICES OF INTENT TO FILE APPLICATIONS WITH RESPECT TO AGGREGATE OF $28,950,000. GENERAL OBLIGATION BONDS WITH THE LOCAL GOVERNMENT COMMISSION. RESOLUTION NO. R1986-119.
	Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Johnson and carried unanimously, 8 to 0.
	At this time, Mr. Cogswell referred to the resolution appointing Hunton and Williams as bond counsel. On page 11, the bond counsel fees will be $1,000 per question, whether or not they pass. After that, the City pays as the bonds are issued.
	Councilmember Evans inquired that if all bond issues are passed, what would be the cost to the City for that. Ms. Sally Gilmore, attorney with Hunton and Williams responded that an educated guess would be close to $30,000 plus out-of-pocket expenses if all bonds were issued at once.
	Mr. Smith stated that on the issuance of the bonds, they will be issued over a period up to seven years and we pay as they are issued.
	RESOLUTION APPOINTING HUNTON AND WILLIAMS AS BOND COUNSEL FOR ISSUES BEING CONSIDERED FOR REFERENDUM IN 1986.  RESOLUTION NO. R1986-120.
	Councilmember McBryde introduced the foregoing resolution to employ Humton and Williams as Bond Counsel and moved the adoption, seconded by Councilmember Pillow and carried unanimously, 8 to 0.
9.	Consideration of streets proposed for resurfacing 1986-87.
	Councilmember Evans offered motion to approve the resurfacing list proposed for the Year 1986-87, seconded by Councilmember McBryde and carried unanimously, 8 to 0.
10.	Consideration of the sale of four tracts of surplus City owned property.
	Councilmember McBryde offered motion to accept the high bidders on the surplus property and to adopt the following resolutions on Items a, b, c, and d, seconded by Councilmember Ross and carried unanimously, 8 to 0.
	a.	Lot #24 of Twin Cedars Subdivision - south end of Penney Drive off Cumberland Road - Plat Book 36, Page 45.
		RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY (LOT #24 OF TWIN CEDARS SUBDIVISION) RESOLUTION NO. R1986-121.
	b.	Lot #25 of Twin Cedars Subdivision - south end of Penney Drive off Cumberland Road - Plat Book 36, Page 45.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY (LOT #25 OF TWIN CEDARS SUBDIVISION) RESOLUTION NO. R1986-122.
	c.	Vacant lots 46, 47, and 48, of Fairview Park Subdivision - north side of Ingram Street - Plat Book 11, Page 9.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY (VACANT LOTS 46, 47 AND 48 OF FAIRVIEW PARK SUBDIVISION) RESOLUTION NO. R1986-123.
	d.	Vacant lots 78 and 79 of Fairview Park Subdivision - south side of Ingram Street - Plat Book 11, Page 5.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY (VACANT LOTS 78 AND 79 OF FAIRVIEW PARK SUBDIVISION) RESOLUTION NO. R1986-124.
11.	Consideration of the sale of a surplus City/County owned tract of land:
	Councilmember Kendrick offered motion to award to the highest bidder the sale of the City property and introduced the following resolution and moved its adoption, seconded by Councilmember Jones and carried unanimously, 8 to 0.
	a.	Vacant lots 82 and 83 of Fairview Park Subdivision - south side of Ingram Street west of Autry - Plat Book 11, Page 5.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY (VACANT LOTS 82 AND 83 OF FAIRVIEW PARK SUBDIVISION) RESOLUTION NO. R1986-125.
12.	Consideration of revision to traffic schedules to ordinance stops.  Intersection of Ray Avenue and Franklin Street - Ray Avenue and Russell Street.
	Councilmember Evans introduced the following ordinance and moved its adoption, seconded by Councilmember Torrey and carried unanimously, 8 to 0.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 6 - STOP INTERSECTIONS, RAY AVENUE AND FRANKLIN STREET AND RUSSELL STREET). ORDINANCE NO. NS1986-17.
13.	Consideration of a report from the Policy Committee on the following:
	Councilmember McBryde, Chairman of the Policy Committee reported that on the item of election of Mayor pro tem, because a policy adopted by this Council would not be binding on the next Council, the Committee took no action.
A.	Parliamentary Procedure Ordinance
	Councilmember Jones stated that due to lost mail and late deliveries or emergencies, he is not happy with Section (e) referring to delegates.
	Councilmember Johnson stated that he is against changing it. Councilmember Pillow stated he felt those issues to be brought up under delegations should be advertised with the agenda so anyone wishing to appear on the same item may do so. Councilmember Evans concurred.
	Councilmember McBryde responded that these types of problems and emergencies were taken care of in that a two-thirds vote of Council could overrule any of these procedures.
	Councilmember Evans offered motion to adopt the ordinance amending Section 2-23 and Section 32-73(c) of the City Code, seconded by Councilmember Kendrick.
	The City Attorney made reference to revised ordinances that were sent to Council prior to the meeting due to the fact that Section 32-73 must go before the Planning Department before Council approval.
	Councilmember Evans rescinded her motion and then offered motion to adopt the ordinance amending Section 2-23 and forwarding Section 32-73 to the Planning Board, seconded by Councilmember Kendrick.
	Following further debate, Councilmember Kendrick called for the question. Mayor Hurley asked for a vote on ceasing debate. The motion carried 6 to 2 with Councilmembers Jones and Johnson voting no.
	Mayor Hurley then asked for a vote on the main motion and it carried with a vote of 6 to 2 with Councilmembers Jones and Johnson voting no.
	AN ORDINANCE AMENDING SECTION 2-23 OF THE CITY CODE OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1986-9.
	The foregoing ordinance is on file in the Clerk's office in Ordinance Book S1986.
B.	Drainage Policy - The Committee recommends no change in the current policy.
C.	Smoking in Council Chambers
	Mr. McBryde reported that the Committee recommends a continuation of smoking in the Council Chambers with the present designation of a smoking and non-smoking side in the audience. Also that the fan on the air conditioner be run continuously during the meeting.
	Following some discussion Councilmember McBryde offered motion to accept the Committee's recommendation, seconded by Councilmember Evans and carried 7 to 1 with Councilmember Ross voting no.
D.	Membership on Boards and Commissions
	Mr. McBryde reported that the Committee recommends individuals be allowed to serve on one board at a time and they be required to attend over 50 percent of the regularly scheduled meetings or relinquish their seat. They suggested that if a member is serving on more than one committee and a term expires, they will need to decide which committee they would like to serve on.
	Following some discussion, Councilmember Johnson offered notion to accept the Committee's suggestions seconded by Councilmember McBryde and carried unanimously, 8 to 0.
14.	Consideration of the following Airport matters was presented by Mr. Tom Ray.
	Councilmember McBryde offered motion to accept the low bidders for Items A and B.
A.	Acceptance of low bidders for runway work FAA AIP 3-37-0021-08.
	Schedule 5 - Rehabilitate, strengthen and groove Runway 4/22, apparent low bid of $570,450 submitted by Crowell Construction Company, Fayetteville, North Carolina
	Schedule B - grove Runway 4/22 apparent low bid of $390,995 submitted by Pavement Specialists, Inc., Erving, Texas.
B.	Acceptance of bids for furnishings for Terminal Building.
	(a)	Seating - (Lot A-2 Krueger) bid submitted by Alfred Williams and Company, Raleigh, North Carolina Company overall low bid of $60,348.71.
	(b)	Sand Urns - (Lot B-2 McDonald Products) bid submitted by Raleigh Office Supply, Raleigh, North Carolina with a bid of $8,095.80.
15.	Consideration of Ordinances ordering the demolition and removal of structures located at the following addresses:
	A.	213 Bryan Street, Apt. 1, 2, and 3
	B.	1007 Arsenal Avenue
	C.	1108 Clark Street; Apts. 1, 2, 3, and 5
	Walter Haire requested that Item A be pulled because the demolition had already been started by the owner and to pull Item B because the owner will make repairs.
	Councilmember Johnson offered motion to adopt the ordinance for Item C, seconded by Councilmember Ross and carried unanimously, 8 to 0.
	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 (1108 CLARK STREET: APARTMENTS 1, 2, 3 AND 5). ORDINANCE NO. NS1986-18.
16.	Consideration of an Ordinance imposing a lien on property located at 1005 Arsenal Avenue, Apts. 1 and 2.
	AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN, CITY OF FAYETTEVILLE, NORTH CAROLINA (1005 ARSENAL AVENUE, APARTMENTS 1 AND 2). ORDINANCE NO. NS1986-19.
	Councilmember Evans introduced the foregoing ordinance for a lien, and moved its adoption at 9:46 p.m, seconded by Councilmember Kendrick and carried unanimously, 8 to 0.
17.	Delegations or individuals wishing to address Council.
	Saundra Turner, 822 Welbon Street, Savoy Heights, appeared before Council requesting that some consideration be given to having PWC adopt a 12-month installment plan similar to what is used by CP&L and the gas company. Ms. Turner stated that she talked with Mr. Tom McCoy on the PWC Board, and his suggestion was to use the bank withdrawal plan. Ms. Turner stated this was not feasible for the ones that could not afford bank accounts.
	Mr. Smith responded that he had discussed this with Mr. Tim Wood after receiving Ms. Turner's letter. Mr. Wood said that this matter was placed on the PWC agenda and the Commission had asked their staff to study this and bring a plan back. Mr. Smith will follow-up on this for Council.
	Mr. John Malzone, 502 Bloomfield, Chairman of the Federal Arsenal Task Force, appeared before Council and stated they had been trying to put an end to a problem of the fight between those who want to save the Arsenal and stop the CBD Loop and those who want to have the CBD Loop completed. He said that following their investigation, they feel that the CBD Loop needs to be built. Mr. Malzone is requesting Council's blessing to begin contacting NCDOT and they further want to raise funds to restore the Federal Arsenal and create a living history museum. This can be accomplished by putting up vertical walls with a cap across it and then putting the dirt back on top and restoring the field.
	Councilmember McBryde offered motion to contact NCDOT to have two vertical walls installed instead of one, seconded by Councilmember Kendrick.
	Following some discussion and Mr. Bennett's response that any request that would add to the construction cost would be a hinderance at this time. Councilmember McBryde withdrew his motion and Council took no action.
18.	Appointments:
A.	Election of Robert E. Lee to the Senior Citizens Advisory Commission.
	Councilmember Pillow offered motion to elect Robert E. Lee to the Senior Citizens Advisory Commission to fill the unexpired term of M. T. Meaney in September 86 and for a two-year term ending in September, 1988, seconded by Councilmember Ross and carried unanimously, 8 to 0.
19.	Administrative Reports:
A.	Statement of tax settlement from the Cumberland County Tax Collector - Mr. Smith presented the settlement of current taxes from the Cumberland County Tax Collector to cover a period from July 1, 1985 through June 30, 1986.
20.	Matters of Interest to Council:
	Councilmember Johnson asked Council's endorsement of a resolution requesting the extension across Cliffdale Road, for a five-lane road to tie into Glensford Drive be put on the Thoroughfare Plan of NCDOT.
	Following lengthy discussion, Councilmember Johnson offered motion to have staff investigate this area, seconded by Councilmember Jones.
	After further discussion, Councilmember McBryde called the question and the vote was unanimous to cease debate.
	Mayor Hurley called for a Vote on the original motion, and it carried unanimously, 8 to 0.
	Mayor Hurley thanked the Police Officer for being at the meeting.
	There being no further business, the meeting was adjourned at 10:15 p.m. 
July 31, 1986
MEMORANDUM
TO:		The Mayor and Members of City Council
FROM:	John P. Smith, City Managers
SUBJECT:	Martin Luther King, Jr. Proposed Holiday
The current City holiday schedule which was last revised in 1978 is as follows:
	New Years Day
	Easter Monday
	Memorial Day
	July 4th
	Labor Day
	Veterans Day
	Thanksgiving Day
	Christmas Day
The attached sheet shows a breakdown of cities in North Carolina over 25,000 population. The average number of paid holidays is nine and a half. Only Fayetteville and Wilson have fewer than nine. Eight of these seventeen cities including the five largest have adopted Martin Luther King, Jr.'s birthday as a City holiday, and six other including Fayetteville have a proposal under consideration. Six out of the nine cities over 50,000 population have adopted Martin Luther King, Jr. holiday.
Determining the cost of a holiday is difficult to do. In the Police and Fire Departments, holidays are simply treated like vacation days, and each employee schedule his or her holidays. Sanitation services are generally shut down on holidays, although some are rescheduled for the entire department to even out the route schedules for the fiscal year. The Transit Department operates on Veterans Day, and employees are paid. All other operations are closed so cost is loss of production this and not in actual payroll dollars.
In attempting to formulate a recommendation, I have reviewed a number of factors and alternatives.
REGULAR MEETING
MONDAY, AUGUST 18, 1986
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, AUGUST 18, 1986
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Mark Kendrick and Thelbert Torrey
Absent:	Councilmembers Joseph Pillow and Samuel Johnson
Also Present:	John P. Smith, City Manager
			Roger L. Stancil, Assistant City Manager
			Beryl Wade, Assistant City Attorney/Police Legal Advisor
	Mayor Hurley called the meeting to order and the invocation was given by Reverend John Godbolt, Westminster Church.  Following the invocation, the Pledge of Allegiance was lead by Scout Adriene Black of the 957 Scout Troup.
	Youth Councilmembers Carol Hudspeth and Elizabeth Crowell were recognized.
	Mayor Hurley stated that an Executive Session had been requested for litigation.
	Mayor Hurley stated that he would be leaving tonight's meeting to appear before the County Commissioner's meeting and read the statement that he will be presenting.  He further stated that he would bring back the County Commissioner's decision or remarks to this meeting.  The statement reads as follows:
	For a long time I, along with many others in this community, have wanted to see a professional baseball team here.  I will support a City bond issue for this purpose if it is the only way it can be done.  However, in the rush to include this issue with this upcoming bond referendum we may have overlooked other alternatives; and that is what brings me here, to ask for your help in exploring alternatives together.
	I come before you to ask that the County and the City agree to study the feasibility of a joint County/City project to bring professional baseball to our urban area.  I am not asking for any commitment of funds or any commitment to participate in a project, nor am I suggesting any specific funding formulas or method of financing.  I have come to the conclusion that this project has a much greater chance of success if we work together.  Professional baseball will come to our area if there is a place to play.  Such a facility could also be used for other community events, for the benefits of city and non-city residents.
	I am specifically asking you and the City Council to establish a study team consisting of the City and County Managers, the City and County Recreation Directors and the two chairmen of the Recreation Advisory Commissions to develop a proposal for a joint stadium project including:
	1.	Cost estimates
	2.	Methods of financing
	3.	Location
	4.	Management
	This study group would report back to the two governing bodies on their findings and recommendations.
	If this study group can be established, it would not be appropriate to be asking the citizens of Fayetteville to consider a bond issue while this study is underway.  For this reason, I will recommend to the City Council that we remove the stadium issue from the November bond ballot to give us more time to pursue alternatives and to develop more specific plans.
1.	Consent:
	Councilmember Kendrick offered motion, seconded by Councilmember Dawkins and carried unanimously to approve Consent Items IA through G.
A.	Approval of minutes of regular meeting of August 4, 1986.
B.	Approval of the following budget items:
	1.	Budget Ordinance Amendment Change 87-3 rebudgets outstanding encumbrances (purchase orders and contracts) outstanding on June 30, 1986.
	2.	Capital Project Ordinance 87-882 establishes the budget in Project Ordinance form for resurfacing of streets for 1986-87 funded from Powell Bill
	3.	Capital Project Ordinance Amendments 87-8495 Amends Project Ordinance 85-1 for Rental Rehab Grant in Community Development.
C.	Set Public Hearing for September 2, 1986, to consider possible issuance of redevelopment bonds by the City of Fayetteville not to exceed $10,000,000 for the Prince Charles Hotel Project.
D.	Award of contract for purchase of roll out carts to Applied Products, Inc., lowest responsible bidder.
E.	Award of weapon and badge to Major William T. Brisson upon retirement from the Fayetteville Police Department, in accordance with City Policy.
F.	Adoption of Resolution of Appreciation to New Hanover County Airport.  (A copy of the Resolution is attached to these minutes.)
G.	Approval of bid award to Ditch Witch of N.C., Inc., low bidder, for purchase of Trenching Machine and Trailer, for P.W.C.
2.	Public Hearings:
A.	Consideration of closing Stella Street from the western line of the Carolina Telephone and Telegraph Company westerly for a distance of 80.15 feet (the northwest corner of the Marsh property).
	Mr. Bennett presented this matter and stated that Stella Street is a dead end street.  Carolina Telephone and Telegraph owns all of the property abutting this portion of Stella Street.  Closing this portion would only shorten the street and Mr. Bennett stated he sees no use of this street as a public street.
	Martha Mayo, representing Carolina Telephone and Telegraph from the Tarboro office appeared in favor of this street closing.
	Councilmember McBryde introduced the resolution and order closing a portion of Stella Street, seconded by Councilmember Evans and carried unanimously 7 to 0.
	RESOLUTION AND ORDER CLOSING A PORTION OF STELLA STREET.  RESOLUTION NO. R1986-126.
B.	Consideration of application to Urban Mass Transportation Administration for Section 5 Capital Assistance Grant.
	Mr. Stancil presented this item and stated that this public hearing is to receive public comment on the City's proposed application for capital assistance from Section 5 funding.  He further stated that this would be brought back at a later date with a recommended source of funding for the local match.
	There was no one to appear for or against the proposed application.
	Council took no action.
C.	Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, North Carolina, (pursuant to G.S. 160A-31, as amended) - (Lake Creek Farm - formerly known as Scots Croft - to be developed as King's Grant) (Located off of U.S. 401 North - west side).
	Mr. Stancil presented this item and stated that it is currently undeveloped. It is a petition annexation and the effective date would be August 31, 1986.
	Mr. Vaughan, Planning Director, stated that they discovered a mistake that was made when it was initially zoned in 1971, which extended R10 into the area. He stated that they wanted to advertise the entire tract for PND to save several Council, property owners, and future petitioners several months delay by having to readvertise.
	Councilmember Jones was concerned with the buildings being built too close together possibly affecting the fire rating.
	Mr. Vaughan responded that they would have to go through the Building Inspector's office, which should eliminate any problem with the fire rating.
	Mr. Torrey questioned the cost to the City for this annexation in the form of services.
	Mr. Stancil responded that the only cost to the City would be roll-out carts for the proposed 45 units to be built in the next fiscal year since this is undeveloped property.
	Mr. Torrey further stated that he felt that there were other areas that needed to be annexed before these areas.
	Mr. Stancil responded that these have been petitioned annexations.  Staff is in the process of putting together a comprehensive annexation plan.
	Councilmember Ross questioned what happened to the past petitions for annexation that were not brought to Council.  She also wants to have a chart showing the annexation proposals.
	Mr. Smith responded that the information is in the packets but not in chart form.
	Mr. Douglas Barfield, Attorney representing Lake Creek Farm, Inc., was recognized in favor of the annexation.  He stated that they have a good plan for this area and the tax base will far surpass the cost to the City.
	Also appearing in favor was Mr. Dale Crawford, representing the petitioner. He stated that they would be building quality homes and they do not anticipate zero lot lines.
	Appearing in opposition to the annexation was Mr. Clinton Harris.  He made reference to his letter of July 21, 1986, as containing his objections. Councilmember McBryde offered motion, seconded by Councilmember Evans to adopt the annexation ordinance.  The vote was 4 to 3 in favor with Councilmembers Dawkins, McBryde, Kendrick and Evans voting for and Councilmembers Jones, Ross and Torrey voting against.  This constitutes a first reading.
	Councilmember Ross stated that she wanted to make a motion to delay sending any submissions to the U.S. Justice Department for approval until Council has a chance to review the requested chart of future annexations.
	Councilmember McBryde responded that if Council annexes an area, then they are required by law to send them to the Justice Department.
	Councilmember Ross stated that the City Attorney had been holding them back.
	Mr. Smith responded that the City Attorney had requested to have the Justice Department consider all of the annexations as one package.  Therefore, the Justice Department granted approval to send all of the annexations as a package rather than sending them one at a time.
	Mayor Pro-Tem ruled that due to Mr. Cogswell's absence at tonight's meeting, Mrs. Ross's request be held until more information is received from staff and then it can be put on the agenda if the majority of the Council voted for this.  Mr. Smith stated that staff would be submitting a chart showing all of the annexation petitions.  Mrs. Ross was in agreement with this decision.
D.	Consideration of establishment of an Historic District Commission.
	Mrs. Stuart Kerr, Chairman of the Fayetteville Historic District Committee, appeared in favor.  She stated that this committee had been working for over a year and a half and they recommend combining the Historic Properties with the Historic District and establishing a Historic Resources Commission.
	Also appearing in favor were committee members Reginald Barton, Jr., Ron Wilson, and W. E. Murphy.
	Walter Vick, Architect and downtown property owner, also appeared in favor stating that he feels this commission would help with the protection of investments by property owners in the downtown area.
	Gary Mendolson, also a downtown property owner, appeared in favor of the establishment of the commission.
	Councilmember Evans expressed thanks for the many hours that were put into the months of work by the dedicated citizens.
	Councilmember Kendrick introduced the ordinance to establish the Historic Resource Commission, seconded by Councilmember Jones and carried 7 to 0.
	AN ORDINANCE AMENDING CHAPTER 2, “ADMINISTRATION,” OF THE CITY CODE OF THE CITY OF FAYETTEVILLE (ESTABLISHING FAYETTEVILLE HISTORIC RESOURCES COMMISSION).  ORDINANCE NO. S1986-10.
3.	Planning Board Matters:
Consideration of an amendment to the City of Fayetteville Code of Ordinances, Chapter 32, “Zoning,” Article XI, Section 32-73(f) addressing withdrawal procedures of rezoning applications.  (Second reading.)
	Councilmember Evans offered motion to adopt the second reading of the ordinance amending Chapter 32-73(f), seconded by Councilmember Kendrick and carried 6 to 1, Councilmember McBryde voting no.
	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, “ZONING,” ARTICLE XI, SECTION 32-73(f)  (REZONING APPLICATION WITHDRAWAL PROCEDURES).  ORDINANCE NO. S1986-11.
4.	Consideration of introduction of bond order and setting Public Hearing for adoption of bond order.
	This item will be considered later in this meeting when the Mayor returns from the County Commissioners meeting.
5.	Consideration of rescinding Ordinance No. N.S. 1986-18 ordering demolition of property located at 1108 Clark Street.
	Mr. Smith stated that to rescind the demolition ordinance without conditions would mean that the Inspection Department would have to go through the long process again if the building was not brought up to standards.
	Councilmember Evans offered motion to rescind the demolition ordinance for the property located at 1108 Clark Street; Apartments 1, 2, 3 and 5 (Ordinance No. NS1986-18) with conditions of 14 days for the building permit to be issued and 90 days for at least 60% of improvements, seconded by Councilmember Kendrick and carried unanimously 7 to 0.
	Mr. Larry Gaddy, one of the partners requesting to renovate this property, appeared before Council and asked to have the conditions explained.  Following lengthy discussion regarding the conditions, Mr. Smith suggested that Mr. Gaddy contact the Inspection Department to get the specifics involved in the improvements.
6.	Consideration of cancellation of Transit Operating Contract with American Transit Corporation
	Mr. Smith stated that this had been brought up previously and the contract was last renewed on January 1, 1986.  Therefore, he is recommending that the termination date of the contract be effective January 10, 1987.  Such termination requires 120-day notice.  Councilmember McBryde offered motion to instruct staff to cancel the contract with ATC for the services of the resident manager, seconded by Councilmember Jones and carried unanimously, 7 to 0.
7.	Consideration of change of Regular Meeting date from September 1, 1986, to September 2, 1986, due to Labor Day Holiday.
8.	Consideration of cancellation of Regular Information Meeting of August 25, 1986, due to Institute of Government Seminar.
	Councilmember McBryde offered motion to approve Item 7, changing the regular meeting date from September 1 to September 2, due to Labor Day Holiday and Item 8, Cancelling the Regular Information Meeting of August 25 due to Institute of Government Seminar, seconded by Councilmember Kendrick and carried unanimously, 7 to 0.
	At this time, Mayor Hurley returned from the County Commissioner's Meeting and resumed chairing the meeting.
	At this time, Councilmember Kendrick offered motion, seconded by Councilmember McBryde to go into Executive Session to consider litigation at 8:37 p.m.
	The meeting reconvened at 8:50 p.m. and Item 4 was presented.
4.	Consideration of introduction of Bond Order and setting public hearing for adoption of Bond Order.
	Mr. Smith introduced Mr. William McBride, Hunton and Williams, Raleigh, North Carolina.  He stated that the objective tonight is to introduce the Bond Order and one Bond Order for each question on the ballot is needed.
	The following Bond Order was introduced by Councilmember Evans, seconded by Councilmember Torrey:
	BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE SIDEWALK PROJECTS) OF THE CITY OF FAYETTEVILLE IN AN AGGREGATE PRINCIPAL AMOUNT OF $1,085,000.00 FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF SIDEWALKS AND STREET CROSSINGS, INCLUDING BUT NOT LIMITED TO PAVING, GRADING, RESURFACING AND WIDENING SIDEWALKS, CURBS AND GUTTERS AND THE ACQUISITION OF LAND, EASEMENTS, AND RIGHT-OF-WAY, THEREFOR IN THE CITY OF FAYETTEVILLE.
	Councilmember Jones offered substitute motion to strike from line 5 the words, “but not limited to,” seconded by Councilmember Ross.
	Mr. McBride and Mr. Smith both responded that Local Government staff had made the comment that Council be very careful in the wording so as not to overly limit themselves in terms of the wording.  Following further discussion the Mayor called for a vote on the substitute motion.  The motion failed 2 to 5, with Councilmembers Jones and Ross voting for and Councilmembers Dawkins, McBryde, Evans, Torrey and Kendrick voting against.
	Returning to the main motion which was to introduce the bond, it carried with 5 to 2, Councilmember Dawkins, McBryde, Evans, Torrey and Kendrick voting in favor and Councilmembers Jones and Ross voting against.  Councilmembers Johnson and Pillow were absent.
	The following resolution was introduced by Councilmember Kendrick, seconded by Councilmember Evans and carried unanimously to set a public hearing for September 2, 1986, at 7:00 p.m.:
	RESOLUTION PROVIDING FOR PUBLIC HEARING ON BOND ORDER FOR $1,085,000.00 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE SIDEWALK PROJECTS) AND PUBLICATION OF BOND ORDER AND NOTICE OF HEARING AND OTHER ACTION.
	The following bond order was then introduced by Councilmember Evans, seconded by Councilmember McBryde and carried, 6 to 1 with Councilmembers Dawkins, McBryde, Evans, Ross, Torrey and Kendrick voting for and Councilmember Jones voting no:
	BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE STREET PROJECTS) OF THE CITY OF FAYETTEVILLE IN AN AGGREGATE PRINCIPAL AMOUNT OF $10,660,000.00 FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION, CONSTRUCTION AND IMPROVEMENTS TO STREETS AND CROSSINGS, INCLUDING BUT NOT LIMITED TO PAVING, GRADING, RESURFACING AND WIDENING STREETS, CURBS AND GUTTERS, CULVERTS AND DRAINS, TRAFFIC CONTROLS, SIGNALS AND MARKERS, LIGHTING, AND ACQUISITION OF LAND, EASEMENTS AND RIGHTS-OF-WAY THEREFOR IN THE CITY OF FAYETTEVILLE.
	The following resolution title was introduced by Councilmember McBryde, seconded by Councilmember Dawkins and carried unanimously, 7 to 0 to set a public hearing for September 2, 1986, at 7:00 p.m.
	RESOLUTION PROVIDING FOR PUBLIC HEARING ON BOND ORDER FOR $10,660,000.00 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE STREET PROJECTS) AND PUBLICATION OF BOND ORDER AND NOTICE OF HEARING AND OTHER ACTION.
	The following bond order was then introduced by Councilmember Evans, seconded by Councilmember Dawkins, and carried 5 to 2, with Councilmembers Dawkins, McBryde, Evans, Torrey and Kendrick voting in favor and Councilmembers Jones and Ross voting against.
	BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE LINEAR AND HISTORIC PARK PROJECTS) OF THE CITY OF FAYETTEVILLE IN AN AGGREGATE PRINCIPAL AMOUNT OF $900,000.00 FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION, CONSTRUCTION, RENOVATION, INSTALLATION AND EQUIPPING OF PARK AND RECREATION FACILITIES IN THE DOWNTOWN LINEAR PARK ALONG CROSS CREEK, AND THE ACQUISITION OF LAND, EASEMENTS AND RIGHTS-OF-WAY THEREFOR IN THE CITY OF FAYETTEVILLE.
	The following resolution was introduced by Councilmember Kendrick, seconded by Councilmember McBryde, and carried unanimously, 7 to 0 to set a public hearing for September 2, 1986, at 7:00 p.m.:
	RESOLUTION PROVIDING FOR PUBLIC HEARING ON BOND ORDER FOR $900,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE LINEAR AND HISTORIC PARK PROJECTS) AND PUBLICATION OF BOND ORDER AND NOTICE OF HEARING AND OTHER ACTION.
	Mayor Hurley then reported that at the meeting with the County Commissioners tonight, they had voted 4 to 1 endorsing the proposition he presented to them about the joint study group.  It is the Mayor's understanding that if they can find a better plan between now and September 2 for the stadium, then this Bond Order can be removed from the referendum.
	Councilmember Evans stated that she felt it would detract from the necessary improvements that are needed and we are in no financial position to construct a stadium.
	There was further discussion.
	Councilmember Kendrick introduced the following bond order, seconded by Councilmember Dawkins and carried 4 to 3 with Councilmember Dawkins, McBryde, Torrey and Kendrick voting for.  Councilmember Jones, Ross and Evans voting against.
	BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION, CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE MUNICIPAL STADIUM PROJECT) OF THE CITY OF FAYETTEVILLE IN AN AGGREGATE PRINCIPAL AMOUNT OF $3,000,000.00 FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF FACILITIES FOR A MUNICIPAL MULTI-PURPOSE STADIUM FOR EXHIBITIONS, ATHLETIC AND CULTURAL EVENTS, SHOWS AND PUBLIC GATHERINGS INCLUDING, WITHOUT LIMITATION, RELATED LIGHTING AND PARKING FACILITIES AND THE ACQUISITION OF LAND, EASEMENTS AND RIGHTS-OF-WAY THEREFOR IN THE CITY OF FAYETTEVILLE.
	The following resolution was introduced by Councilmember McBryde, seconded by Councilmember Dawkins and carried 6 to 1 with Councilmembers Dawkins, McBryde, Jones, Ross, Torrey and Kendrick voting for and Councilmember Evans voting against, to set a public hearing for September 2, 1986, at 7:00 p.m.
	RESOLUTION PROVIDING FOR PUBLIC HEARING ON BOND ORDER FOR $3,000,000.00 GENERAL OBLIGATION, CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE MUNICIPAL STADIUM PROJECT) AND PUBLICATION OF BOND ORDER AND NOTICE OF HEARING AND OTHER ACTION.
	The following bond order was introduced by Councilmember Evans, seconded by Councilmember McBryde and carried 5 to 2 with Councilmember Dawkins, McBryde, Evans, Torrey and Kendrick voting in favor and Councilmembers Jones and Ross voting against.
	BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENTS BONDS (CITY OF FAYETTEVILLE PARK PROJECTS) OF THE CITY OF FAYETTEVILLE IN AN AGGREGATE PRINCIPAL AMOUNT OF $8,000,000.00 FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF MODIFICATIONS, RENOVATIONS, ADDITIONS, IMPROVEMENTS AND EXTENSIONS TO EXISTING PARK AND RECREATION FACILITIES AND/OR ONE OR MORE NEW FACILITIES INCLUDING, BUT NOT LIMITED TO LAND, ATHLETIC FIELDS, PLAYGROUNDS, RECREATION CENTERS, SHELTERS, SWIMMING POOLS, WADING POOLS, LIGHTING AND ASSOCIATED OR SIMILAR FACILITIES, AND THE ACQUISITION OF LAND, EASEMENTS AND RIGHTS-OF-WAY THEREFOR IN THE CITY OF FAYETTEVILLE.
	Councilmember McBryde introduced the following resolution, seconded by Councilmember Kendrick and carried unanimously, 7 to 0 to set a public hearing for September 2, 1986, at 7:00 p.m.:
	RESOLUTION PROVIDING FOR PUBLIC HEARING ON BOND ORDER FOR $8,000,000.00 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE PARK PROJECTS) AND PUBLICATION OF BOND ORDER AND NOTICE OF HEARING AND OTHER ACTION.
	Councilmember McBryde introduced the following bond order, seconded by Councilmember Jones and carried unanimously, 7 to 0.
	BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE FIRE STATION PROJECT) OF THE CITY OF FAYETTEVILLE IN AN AGGREGATE PRINCIPAL AMOUNT OF $305,000.00 FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF FACILITIES FOR FIRE FIGHTING AND PREVENTION, INCLUDING WITHOUT LIMITATION STATION BUILDINGS, HYDRANTS, ALARM SYSTEMS, COMMUNICATION SYSTEMS AND RELATED PARKING SPACES AND THE ACQUISITION OF LAND, EASEMENTS AND RIGHTS-OF-WAY THEREFOR IN THE CITY OF FAYETTEVILLE.
	The following resolution was introduced by Councilmember McBryde, seconded by Councilmember Dawkins and carried unanimously to set a public hearing for September 2, 1986, at 7:00 p.m.
	RESOLUTION PROVIDING FOR PUBLIC HEARING ON BOND ORDER FOR $305,000.00 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE FIRE STATION PROJECT) AND PUBLICATION OF BOND ORDER AND NOTICE OF HEARING IN OTHER ACTION.
	Mr. McBride stated that the wording of the last bond order had changed slightly from what was sent out in the Council's packet.  Mr. Smith explained that they have concerns that in the construction of some storm drainage facilities where the downstream portion may be outside the City limits, it may not do much good to improve the upstream portion if we don't improve the downstream portion.  Therefore, it should not be limited to the City limits. There should be very few cases.
	The following bond order was then introduced by Councilmember Evans, seconded by Councilmember Dawkins and carried 5 to 2 with Dawkins, McBryde, Evans, Torrey and Kendrick voting in favor and Councilmembers Jones and Ross voting against.
	BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE STORM SEWER PROJECTS) OF THE CITY OF FAYETTEVILLE IN AN AGGREGATE PRINCIPAL AMOUNT OF $5,000,000.00 FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION AND CONSTRUCTION OF MODIFICATIONS, ADDITIONS, IMPROVEMENTS AND EXTENSIONS TO STORM SEWER AND FLOOD CONTROL FACILITIES INCLUDING, WITHOUT LIMITATION, LEVEES, DIKES, DIVERSIONARY CHANNELS, DRAINS, CATCH BASINS AND OTHER FACILITIES FOR STORM WATER DRAINAGE AND THE ACQUISITION OF LAND, EASEMENTS AND RIGHTS-OF-WAY THEREFOR WITHIN AND WITHOUT THE CITY OF FAYETTEVILLE.
	Councilmember Kendrick introduced the following resolution setting a public hearing for September 2, 1986, at 7:00 p.m., seconded by Councilmember McBryde and carried unanimously 7 to 0.
	RESOLUTION PROVIDING FOR PUBLIC HEARING ON BOND ORDER FOR $5,000,000.00 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE STORM SEWER PROJECTS) AND PUBLICATION OF BOND ORDER AND NOTICE OF HEARING AND OTHER ACTION.
	Mr. McBride then read the notice that would be placed in the paper.
9.	Appointments:
	Nominations to fill two vacancies on the Senior Citizens Advisory Commission.
	Councilmember Kendrick nominated Ms. Beatrice Matthews for re-election to the Senior Citizens Advisory Commission.
10.	Administrative Reports:
A.	Statement of tax collection from the Cumberland County Tax Collector for the month of July, 1986.
	Mr. Smith presented this report.
B.	Report on Cain Road.
	Councilmember McBryde stated he had asked for this to be put on the agenda due to citizen complaints about the traffic situation.
	Mr. Bennett responded that 22 pieces of property in that area have been acquired and there are 10 pieces of property left under negotiations in order to make certain changes or improvements on Cain Road.  The roadway is long overdue for widening and is on the thoroughfare plan as a minor thoroughfare.  Mr. Smith had presented a traffic count to Council made by the Police Department.
	There was lengthy discussion and suggestions for Cain Road improvements.
C.	Report on Glensford Avenue Extension.
	Mr. Bennett had submitted a written report and recommendation to Council, and the recommendation was, “that Council refer the traffic problem in the area of the malls, including Glensford Drive Extensions, to the Transportation Technical Coordinating Committee and the Cumberland County Joint Planning Board. The recommendations from these agencies will then, in turn, be forwarded to the Transportation Advisory Committee and the Fayetteville City Council.  The North Carolina Department of Transportation is represented on the Technical Committee and the TAC will take official action on recommendations from these groups.  It is important that this study be finalized prior to the development along this corridor so that the right-of-way for the proposed thoroughfare can be reserved. This is the standard procedure for designating thoroughfares.”
	Mr. Dave Fulkerson, a resident on Glensford Drive, was recognized and stated that he lives in the County and doesn't understand why this is a problem for the City at this time.
	There was lengthy discussion by Council and staff, but no action was taken.
D.	Institute of Government Seminar on August 25, 1986.
	Mr. Smith stated that since the Institute of Government wanted the Councilmembers to be there by 9:15 a.m. for the seminar on August 25, 1986, he recommended that they all meet and leave at 7:30 a.m. from the Sanitation/Street Department.
E.	Other.
	Mr. Smith presented the resolution to Council and recommended that they endorse the position that a London England Gateway be established in the State of North Carolina and send this to the Department of Transportation in Washington, D.C.  Docket No. 44200.
	Councilman Kendrick offered motion to adopt the resolution endorsing the position that a London England Gateway be established in the State of North Carolina, seconded by Councilmember McBryde and carried unanimously, 7 to 0.
	RESOLUTION (ENDORSING A NORTH CAROLINA AIRPORT GATEWAY TO LONDON, ENGLAND).  RESOLUTION NO. R1986-127.
	Councilmember McBryde offered motion, seconded by Councilmember Kendrick to endorse the request by the Mayor to the County Commissioners for the Stadium Study Committee and appointing the Committee from the City.  Motion carried 6 to 1 with Councilmember Evans voting no.
11.	Matters of Interest to Council:
	Councilmember Dawkins wanted to wish his mother, Lucille Dawkins, in Florida, a happy birthday tomorrow, August 19.
	Councilmember Jones stated that he had complaints from citizens concerning the corner of Highland Avenue and Branson Street having junk cars and a garage being run there.  Mr. McBryde was also concerned that the Moore Street Extension had not been paved.  He asked that the Moore Street paving not be held up any longer because of one curb.
	Councilmember Dawkins stated that the island at the intersection of Cliffdale and Morganton Roads needs grooming.   Although this is a State-maintained location, he feels that the City should take it upon themselves to trim this area.
	Councilmember Ross asked the Mayor by what authority does the City Attorney hold up the annexations from sending them to the Justice Department and would we need a motion.
	Mr. Smith responded that a map would be furnished showing these areas, and Mr. Cogswell will be sending all of the annexations to the Justice Department as soon as this last one is acted upon.
	Mayor Hurley suggested that staff plan a session on questions of annexation matters for the new Councilmembers.  He feels this would be very helpful in covering some of the procedures of annexation for the newest members of Council.
	There being no further business, Councilmember Kendrick offered motion to adjourn at 10:05  p.m.
SPECIAL MEETING
THURSDAY, AUGUST 28, 1986
	FAYETTEVILLE CITY COUNCIL
	SPECIAL MEETING
	KYLE HOUSE CONFERENCE ROOM
	THURSDAY, AUGUST 28, 1986
	5:00 P.M.
Present:	Councilmembers Thelbert Torrey, Mark Kendrick, Jimmie Jones, Milo McBryde, J. L. Dawkins, Mildred Evans, Joseph Pillow, Samuel Johnson, Ida Ross.
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
Absent:	Mayor Bill Hurley
	Mayor Pro-Tem Dawkins called the meeting to order and recognized Tom Ray, Airport Manager.  Mr. Ray presented a grant agreement from the Federal Aviation Administration to rehabilitate and strengthen runway 4/22; groove runway 4/22; site preparation, air carrier apron and associated stub taxiway.  Upon motion by Councilmember McBryde, seconded by Councilmember Kendrick, the Council voted unanimously to accept the grant for this project.
	There being no further business, the meeting was adjourned.
REGULAR MEETING
MONDAY, SEPTEMBER 2, 1986
	FAYETTEVILLE CITY COUNCIL
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, SEPTEMBER 2, 1986
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Samuel Johnson, Mark Kendrick, Thelbert Torrey.
Also Present:	John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, City Attorney
	Mayor called the meeting to order and the Invocation was given by Reverend John Y. Todd, McPherson Presbyterian Church.  Following the Invocation Mayor Hurley led the Pledge of Allegiance to the Flag.
	Mayor Hurley stated that the City Attorney requested an executive session for litigation at the end of this meeting.
	The City Attorney requested a correction of the May 19, 1986, minutes on Item 9 concerning annexation petitions received under G.S. 160A-31 and G.S. 160A-58.1.  Mr. Cogswell stated that Items 9b, c, d, e, f, h, and i, should reference 160A-31 instead of 160A-58.1.
	Councilmember Dawkins offered motion to correct the minutes of the May 19 meeting as recommended by the City Attorney, seconded by Councilmember Jones and carried unanimously.
1.	Consent:
	Councilmember Dawkins requested Item 1a, approval of the minutes of August 18 meeting be postponed until the next meeting due to the fact that they were not received until this meeting.
	Councilmember McBryde offered motion, seconded by Councilmember Pillow and carried unanimously to approve Items B through E.
A.	Approval of minutes of regular meeting of August 18, 1986.  (Postponed until the next meeting).
B.	Approval of a request for a refund of City taxes to Stephen C. Donehoo in the amount of $10.62.
C.	Set Public Hearing for October 6, 1986, to consider the rezoning from C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 1825 Ramsey Street.
D.	Approval of the rezoning from R5 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located between North Broad Street and Water Street, north of Person Street.
E.	Adoption of Resolution approving sale of City/County owned surplus property to high bidder:
	1.	Lot #85, north side of Vanstory Street.
	2.	Lot #92-95, north side Neville Street.
	RESOLUTION AUTHORIZING THE SALE OF CITY PROPERTY - VANSTORY STREET R1986-128.
	RESOLUTION AUTHORIZING THE SALE OF CITY PROPERTY - NEVILLE STREET. R1986-129.
2.	Public Hearings
A.	Consideration of issuance of redevelopment bonds by the City of Fayetteville not to exceed $10,000,000 for the Prince Charles Hotel Project.
	Mr. Smith stated that the IRS regulations require a governing body to hold a public hearing before approving the issuance of tax exempt bonds for the purpose of allowing public comment.  These bonds represent no liability on the part of the City.
	There was no one present in favor or against this item.  Council took no action.
	Mr. William McBride, Hunton & Williams, Bond Counsel, Raleigh, North Carolina, presented Items B.
	Mayor Hurley stated that the Council would next hold Public Hearings on the bond orders introduced on August 18, 1986, for the following proposed bond issues:
	Sidewalk projects		$ 1,085,000
	Street Projects		10,660,000
	Linear and History Park Projects		900,000
	Park Projects		8,000,000
	Fire Station Project		305,000
	Storm Sewer Projects		5,000,000
	Municipal Stadium Project		3,000,000
		TOTAL	$ 28,950,000
B.	Consideration of bond order authorizing the issuance of general obligation capital improvement bond - sidewalk projects.
	EXHIBIT A
	Mr. Billy Clark, Chairman, Bond Referendum Steering Committee was recognized in favor.  He reviewed what the Committee had done, including having a poll taken to see how the citizens would vote if they had to vote today.
	Appearing in opposition was Mr. Clinton Harris, Coordinator of the Fayetteville-Cumberland County Citizens Association, P.O. Box 1792, Fayetteville. Residence, 4713 Watauga Road.  He stated he felt that Council should not be asking citizens to fund sidewalk projects without a policy.  Mr. Harris distributed a copy of an editorial in the May 6, 1978, Observer concerning lack of sidewalks in the City and County.  He requested that Council adopt a policy before November 4, 1986.
	BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE SIDEWALK PROJECTS) OF THE CITY OF FAYETTEVILLE IN AN AGGREGATE PRINCIPLE AMOUNT OF $1,085,000 FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF SIDEWALKS AND STREET CROSSINGS, INCLUDING BUT NOT LIMITED TO PAVING, GRADING, RESURFACING AND WIDENING SIDEWALKS, CURBS AND GUTTERS, AND THE ACQUISITION OF LAND, EASEMENTS AND RIGHTS-OF-WAY, THEREFORE IN THE CITY OF FAYETTEVILLE.
	Motion was made by Councilmember Evans and seconded by Councilmember Dawkins, that the foregoing Bond Order be adopted.  The Bond Order was unanimously adopted upon roll-call vote as follows:  Councilmembers Dawkins, McBryde, Evans, Jones, Ross, Pillow, Torrey, Johnson, and Kendrick.
	The title of the following resolution was then read:
	RESOLUTION CALLING FOR REFERENDUM ON $1,085,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE SIDEWALK PROJECTS), PROVIDING FOR NOTICES OF SUCH REFERENDUM FORM OF BALLOT AND PUBLICATION OF BOND ORDER AS ADOPTED.  RESOLUTION NUMBER R1986-130.
	Motion was made by Councilmember McBryde and seconded by Councilmember Dawkins, that the foregoing resolution be adopted.  The resolution was unanimously adopted upon a vote as follows:  Councilmembers Dawkins, McBryde, Evans, Jones, Ross, Pillow, Torrey, Johnson, and Kendrick.
C.	Consideration of bond order authorizing the issuance of general obligation capital improvement bond - street projects.
	EXHIBIT B
	The public hearing on the street projects was opened and there was no one present for or against.
	Councilmember Evans stated that she wants to have public input after the election as to the way the money will be spent.  Mr. Smith responded that the Parks and Recreation had this input before putting together the Master Plan.
	Councilmember Dawkins feels this will give us the money to better implement those facilities not fully utilize in the summer months.
	The title of the following Bond Order was then read:
	BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE STREET PROJECTS) OF THE CITY OF FAYETTEVILLE IN AN AGGREGATE PRINCIPLE AMOUNT OF $10,660,000 FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION, CONSTRUCTION AND IMPROVEMENTS TO STREETS AND CROSSINGS, INCLUDING BUT NOT LIMITED TO PAVING, GRADING, RESURFACING AND WIDENING STREETS, CURBS AND GUTTERS, CULVERTS AND DRAINS, TRAFFIC CONTROLS, SIGNALS AND MARKERS, LIGHTING AND THE ACQUISITION OF LAND, EASEMENTS AND RIGHTS-OF-WAY THEREFORE IN THE CITY OF FAYETTEVILLE.
	Motion was made by Councilmember Jones and seconded by Councilmember Pillow, that the foregoing Bond Order be adopted.  The Bond Order was unanimously adopted upon roll-call vote as follows:  Councilmembers Dawkins, McBryde, Evans, Jones, Ross, Pillow, Torrey, Johnson and Kendrick.
	The title of the following resolution was then read:
	RESOLUTION CALLING FOR REFERENDUM ON $10,660,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE STREET PROJECTS), PROVIDING FOR NOTICES OF SUCH REFERENDUM, FORM OF BALLOT AND PUBLICATION OF BOND ORDER AS ADOPTED.  RESOLUTION NUMBER R1986-131.
	Motion was made by Councilmember McBryde that the foregoing resolution be adopted, seconded by Councilmember Evans and unanimously adopted upon a vote as follows:  Councilmembers Dawkins, McBryde, Evans, Jones, Ross, Pillow, Torrey, Johnson and Kendrick.
D.	Consideration of bond order authorizing the issuance of general obligation capital improvement bond - linear and historic park projects.
	No one appeared in favor of this item.
	Mr. Horace Thompson appeared before Council stating that he was speaking for himself with mixed emotions.  He felt that it might be wise to pull this Bond Order because he doesn't feel that it will be successful.  Mr. Thompson was basing this on hearing negative remarks from citizens.
	Councilmember Jones stated that he felt that we need to continue with the beautification of the City because of its history and this can be done through the Linear and Historic Park Projects.
	Councilmember Ross stated she feels this is a luxury.
	Following some further discussion, Councilmember McBryde offered motion to withdraw the Linear and Historic Park Projects, seconded by Councilmember Ross and carried 8 to 1 with Councilmember Jones voting no.
E.	Consideration of bond order authorizing the issuance of general obligation capital improvement bond - park projects.
	EXHIBIT C
	The public hearing on the parks project was opened and Mr. Sandy Saunders was recognized in favor.  He stated that the Parks and Recreation Advisory Board had been fighting for two and a half years for City parks.
	There was no one in opposition.
	Councilmember Kendrick stated he had several citizens question where the parks are going and what improvements are planned.  Mr. Billy Clark responded that this information would be gotten to the public.
	Councilmember Ross questioned the Wilmington Road area for a center for the children in that area.  Mr. Sandy Saunders responded that they are working on this area also.
	Councilmember Jones asked how this would affect the City/County merger. The Mayor responded that he felt this was not an issue at this time.  This would not have any effect on the direct merger.  It would obviously provide funds as the City grows out, the Mayor stated.
	Councilmember Evans stated that she wants to have public input after the election as to the way the money will be spent.   Mr. Smith responded that the Parks and Recreation had this input before putting together the Master Plan.
	Councilmember Dawkins feels this will give us the money to better implement those facilities not fully utilized in the summer months.
	The title of the following Bond Order was then read:
	BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE PARK PROJECTS) OF THE CITY OF FAYETTEVILLE IN AN AGGREGATE PRINCIPLE AMOUNT OF $8,000,000 FOR THE PURPOSE OF FINANCING IN PART THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF MODIFICATIONS, RENOVATIONS, ADDITIONS, IMPROVEMENTS AND EXTENSIONS TO EXISTING PARK AND RECREATION FACILITIES, AND/OR ONE OR MORE NEW FACILITIES INCLUDING BUT NOT LIMITED TO LAND, ATHLETIC FIELDS, PLAYGROUNDS, RECREATION CENTERS, SHELTERS, SWIMMING POOLS, WADING POOLS, LIGHTING AND ASSOCIATED OR SIMILAR FACILITIES, AND THE ACQUISITION OF LAND, EASEMENTS AND RIGHTS-OF-WAY THEREFORE IN THE CITY OF FAYETTEVILLE.
	Motion was made by Councilmember McBryde, seconded by Councilmember Evans that the foregoing Bond Order be adopted.   Motion carried upon roll-call vote as follows:
	Ayes:	Councilmembers Dawkins, McBryde, Evans, Ross, Pillow, Torrey, Johnson, and Kendrick.
	Nays:	Councilmember Jones.
	The title of the following resolution was then read:
	RESOLUTION CALLING FOR REFERENDUM ON $8,000,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE PARK PROJECTS), PROVIDING FOR NOTICES OF SUCH REFERENDUM,  FORM OF BALLOT AND PUBLICATION OF BOND ORDER AS ADOPTED.  R1986-132.
	Motion was made by Councilmember McBryde, seconded by Councilmember Pillow. The foregoing resolution was adopted upon a vote as follows:
	Ayes:	Councilmembers Dawkins, McBryde, Evans, RoBs, Pillow, Torrey, Johnson, and Kendrick.
	Nays:	Councilmember Jones.
F.	Consideration of bond order authorizing the Issuance of general obligation capital improvement bond - fire station project.
	EXHIBIT D
	The public hearing on the fire station project was opened and there was no one for or against appearing at the meeting.
	The title of the following Bond Order was then read:
	BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE FIRE STATION PROJECT) OF THE CITY OF FAYETTEVILLE IN AN AGGREGATE PRINCIPLE AMOUNT OF $305,000 FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF FACILITIES FOR FIREFIGHTING AND PREVENTION INCLUDING WITHOUT LIMITATION STATION BUILDINGS, HYDRANTS, ALARM SYSTEMS, COMMUNICATION SYSTEM AND RELATED PARKING SPACES AND THE ACQUISITION OF LAND,  EASEMENTS AND RIGHTS-OF-WAY THEREFORE IN THE CITY OF FAYETTEVILLE.
	Motion was made by Councilmember McBryde, seconded by Councilmember Pillow and unanimously adopted upon roll-call vote as follows:  Councilmembers Dawkins, McBryde, Evans, Jones, Ross, Pillow, Torrey, Johnson, and Kendrick.
	The title of the following resolution was then read:
	RESOLUTION CALLING FOR REFERENDUM OF $305,000,GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE FIRE STATION PROJECT), PROVIDING FOR NOTICES OF SUCH REFERENDUM, FORM OF BALLOT AND PUBLICATION OF BOND ORDER AS ADOPTED.  R1986-133.
	Motion was made by Councilmember Dawkins, seconded by Councilmember Jones and the foregoing resolution was unanimously adopted upon a vote as follows:
	Councilmembers Dawkins, McBryde, Evans, Jones, Ross, Pillow, Torrey, Johnson, and Kendrick.
G.	Consideration of bond order authorizing the issuance of general obligation capital improvement bond - storm sewer projects.
	EXHIBIT E
	The public hearing on the storm sewer projects was opened and there was no one in favor or against appearing at the meeting.
	The title of the following Bond Order was then read:
	BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE STORM SEWER PROJECTS), OF THE CITY OF FAYETTEVILLE IN AN AGGREGATE PRINCIPLE AMOUNT OF $5,000,00) FOR THE PURPOSE OF FINANCING,  IN PART, THE ACQUISITION AND CONSTRUCTION OF MODIFICATIONS, ADDITIONS, IMPROVEMENTS AND EXTENSIONS TO STORM SEWER AND FLOOD CONTROL FACILITIES, INCLUDING WITHOUT LIMITATIONS LEVIES, DIKES, DIVERSIONARY CHANNELS, DRAINS, CATCH BASINS, AND OTHER FACILITIES FOR STORM WATER DRAINAGE AND THE ACQUISITION OF LAND, EASEMENTS AND RIGHTS-OF-WAY THEREFORE WITHIN AND WITHOUT THE CITY OF FAYETTEVILLE.
	Motion was made by Councilmember Dawkins, seconded by Councilmember Torrey and unanimously adopted the Bond Order upon roll-call vote as follows: Councilmembers Dawkins, McBryde, Evans, Jones, Ross, Pillow, Torrey, Johnson, and Kendrick.
	The title of the following resolution was then read:
	RESOLUTION CALLING FOR REFERENDUM ON $5,000,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE STORM SEWER PROJECTS), PROVIDING FOR NOTICES OF SUCH REFERENDUM, FORM OF BALLOT AND PUBLICATION OF BOND ORDER AS ADOPTED.  R1986-134.
	Motion was made by Councilmember Dawkins, seconded by Councilmember Johnson and unanimously adopted resolution upon a  vote as follows: Councilmembers Dawkins, McBryde, Evans, Jones, Ross, Pillow, Torrey, Johnson, and Kendrick.
H.	Consideration of bond order authorizing the issuance of general obligation capital improvement bond - municipal stadium project.
	The public hearing on the municipal stadium project was opened and no one appeared in favor.
	Reverend John T. Johnson, a Boundary Lane resident, appeared in opposition stating that he feels that there is a greater need for a building in the southeast area.  He also feels this is the wrong time to plan a stadium.
	Mr. Don Koonce, City resident and major league baseball scout, stated that he also has mixed emotions regarding taking this stadium project off of the election.  He stated that he has seen children going to ball games without a large fee and it keeps them off of the streets.  However, he feels if the project fails at the polls, it will hurt the baseball image in this area.
	Mr. Karl Edwards, P.O. Box 2411, 5234 Butternut Drive, appeared in opposition stating that he feels there has not been enough research done in regard to the public's feelings and they should study other municipalities funding a stadium.
	Councilmember Johnson offered motion to remove the stadium project from the bond referendum but pursue it with the County and private sector at a later date, seconded by Councilmember Ross and carried unanimously.
	Mr. Torrey made a request that someone from the Fayetteville State University work on this Committee.
	On each of the foregoing approved Bond Orders a sworn statement of debt has been filed with the Clerk to the Council pursuant to G.S. Section 159-155 and is open to public inspection.
	These Bond Orders will take effect when approved by the voters of the City of Fayetteville pursuant to G.S. Section 159-61.
	The Clerk to this Council shall cause the Bond Order with a statement appended in form described by G.S. Section 159-58 to be published in the Fayetteville Observer.
	This Council hereby calls for referendum with respect to the Bond Order and fixes the date thereof as November 4, 1986.
	The Clerk to this Council shall mail or deliver a copy of the foregoing resolutions to the Cumberland County Board of Elections prior to September 5, 1986, and shall provide for publication of notices of the referendum as required by G.S. Section 159-61(c) in the Fayetteville Observer.
3.	Consideration of Resolution setting date and calling for the election.  (Bond referendum).  This item was included within the foregoing public hearings.
4.	Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, North Carolina (pursuant to G.S. 160A-31, as amended)  (Lake Creek Farm - formerly known as Scots Croft - to be developed as King's Grant, located off of U.S. 401 North - west side).  (Second Reading).
	The City Manager presented this item and stated this is undeveloped area at this time.  This annexation ordinance is presented for a second reading.
	Councilmember Jones stated that he feels he has been satisfied that this area will be covered adequately for fire protection.
	Councilmember Torrey stated he felt that the City is overextending their services and something could happen to prevent this fire station from being built.
	Councilmember Evans offered motion to adopt the annexation ordinance for Lake Creek Farm, formerly known as Scots Croft, seconded by Councilmember Kendrick and carried 7 to 2 with Councilmembers Torrey and Ross voting no.
	AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, (LAKE CREEK FARM).  ANNEXATION ORDINANCE NUMBER 86-9-301.
	The foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1986.
	Mr. Smith then presented a colored map showing recent annexations, areas that will be considered, some areas that may or may not be recommended due to being a satellite area, and possible 1987 annexation areas.
	Councilmember Ross offered motion to delay sending in annexation ordinances to the Justice Department until the end of the year, seconded by Councilmember Torrey.
	Councilmember Dawkins offered a substitute motion to adopt the annexation ordinance, seconded by Councilmember Evans.  Councilmember Dawkins withdrew his substitute motion and Councilmember Evans withdrew her second due to the ordinance having been previously adopted.
	Mayor Hurley then called for a vote on Councilmember Ross' motion.  The motion failed 7 to 2, Councilmembers Torrey and Ross  voting for, and Councilmembers Dawkins, McBryde, Evans, Jones, Pillow, Johnson, and Kendrick voting against.
5.	Consideration of resolution of the City Council of the City of Fayetteville adopting revisions to the electoral district boundaries of the City for the purpose of accounting for territory annexed to the City.
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ADOPTING REVISIONS TO THE ELECTORAL DISTRICT BOUNDARIES OF THE CITY FOR THE PURPOSE OF ACCOUNTING FOR TERRITORY ANNEX TO THE CITY.  RESOLUTION NUMBER R1986-135.
	Councilmember Dawkins introduced the foregoing resolution, seconded by Councilmember Kendrick and carried 7 to 2, with Councilmembers Ross and Torrey voting against.
6.	Request by Robin Tart to address City Council.  Mr. Smith stated that the Tart's had requested this be withdrawn due to an early date for their wrecker appeal to be heard before the Wrecker Review Board.
7.	Consideration of the following Airport Lease Agreements:
	A.	Shoe Shine Concession Agreement between Fayetteville Airport Commission and Mr. Roscoe Killett.  Tom Ray stated that this lease agreement is for a six month period renewal for an additional six month period.
	B.	Lease Agreement for temporary office space between Fayetteville Airport Commission and Lambda Aviation.  Mr. Ray stated that this lease agreement is on a month to month basis not to exceed one year.
	Councilmember Evans offered motion to approve Item A and B, seconded by Councilmember Jones and carried unanimously.
8.	Consideration of award of contracts for apron paving and taxiway lighting at Fayetteville Municipal Airport.
	Mr. Ray stated that the low bidder for schedule “A” concrete paving for the air carrier apron in the amount of $1,167,271.55 is Cumberland Paving Company and the contract for the low bidder for Schedule “B” medium intensity taxi lighting contract in the amount of $34,913.20 in Watson Electric Construction Company.
	Councilmember Dawkins offered motion, seconded by Councilmember McBryde and carried unanimously to approve the low bidders as recommended.
9.	Consideration of adoption of a resolution setting a public hearing for October 20, 1986, to consider installation of storm sewer pipe in the Greens subdivision.
	Mr. Smith stated that Council may want to change the regular meeting date of October 20 to October 27 due to a North Carolina League of Municipalities meeting to be held on October 20.
	PRELIMINARY RESOLUTION REQUIRING THE CONSTRUCTION AND RECONSTRUCTION OF A STORM SEWER AND DRAINAGE SYSTEM IN A PORTION OF THE GREENS SUBDIVISION.  RESOLUTION NUMBER R1986-136.
	Councilmember Evans introduced the foregoing resolution and moved for its adoption, seconded by Councilmember Johnson and the resolution was adopted unanimously to set the public hearing for October 27 instead of October 20.
10.	Consideration of bids for street resurfacing 1986-87.  The City Engineer recommended a low bidder of Cumberland Paving Company, Inc., in the amount of $439,620.50 for the street resurfacing 1986-87.
	Councilmember Dawkins offered motion, seconded by Councilmember McBryde and carried unanimously to award the low bid of Cumberland Paving Company, Inc., as recommended.
11.	Presentation on Human Service Transportation Services (HSTS).
	Mr. Stancil presented the HSTS item and stated that all costs to the system are borne by the Human Services agencies involved.  There are no direct costs to the City.  The adoption of this plan by the City Council and the County Commissioners is a requirement of our grant process.  A video presentation was made showing how the system operates and his benefits.  (A copy of the status report of the coordinated HSTS is attached to the original minutes.)
	Councilmember Torrey asked staff to get with the Senior Citizens Advisory Commission on September 9, concerning this program.
	Councilmember Kendrick offered motion seconded by Councilmember Ross and carried unanimously to adopt the HSTS plan.
12.	Consideration of a revised contract between the City of Fayetteville and Pearce's Mill Volunteer Fire Department.
	Councilmember Dawkins offered motion to authorize Mayor to execute the revised contract between the City of Fayetteville and Pearce's Mill Volunteer Fire Department, seconded by Councilmember McBryde and carried unanimously. 
13.	Consideration of changes in the parking facilities operation.
	Mr. Smith stated that the new Downtown Parking Plan would eliminate meters on all off-street parking lots.  Instead, these lots would become two-hour free parking enforced by the Parking Control Officer.  The attendant in the Anderson Street lot would also be eliminated instituting two-hour free parking in that lot.  The only attendant lot remaining would be the Donaldson Street lot and this lot would also be two-hour free parking with a charge of $.50 per hour after that.  The attendant in this lot provides security for the cars parked there.  With these changes, two-hour free parking would become the standard downtown.  Leasing operations in all off-street lots will remain as they are.  With this new plan, responsibility for enforcement would be transferred to the Police Department with the Finance Department retaining responsibility for attendance supervision, collection of fines, and management of leased spaces.
	Councilmember Evans offered motion, seconded by Councilmember Jones carried unanimously to authorize the City Manager to enter negotiation for leasing to private concerns and returned to Council with proper ordinances.
	Councilmember Johnson made a request that staff eliminate four parking spaces on the corner of Mason Street where it enters Ray Avenue, due to the narrowness of the street.
14.	Consideration of amendments and revisions to the City of Fayetteville Zoning Ordinance, Chapter 32, governing dish antennas (earth stations) within the City limits.
	The City Attorney presented this item and stated this has been amended so that a dish antenna can be put in a front yard only if it cannot be located anywhere else to receive a proper signal and then a building permit must be obtained.  The cost of the building permit begins at $12.00 for a $500.00 improvement and increases $3.00 for every $500.00 increase up to $25,000.00.  At $3,000.00 the fee is $25.00.
	Following some discussion, Councilmember McBryde offered motion to adopt the ordinance amending Chapter 32, governing dish antenna, seconded by Councilmember Dawkins and carried unanimously.
	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, “ZONING,” GOVERNING DISH ANTENNA (EARTH STATION) RECEIVING ONLY TELEVISION AND/OR COMMERCIAL RADIO COMMUNICATION SIGNALS. ORDINANCE NUMBER S1986-12.
	The foregoing ordinance is on file in the Clerk's office in Ordinance Book S1986.
15.	Consideration of offer to purchase County owned property in College Lakes for development of City park.
	Mr. Smith stated that Federal Land and Water Conservation funds were used along with County funds when Cumberland County purchased this property.  The City's Master Plan calls for a park in the College Lakes area and part of the Bond Orders that were approved included a park in the College Lakes area.  Mr. Smith stated that he recommended that Council authorize the City Manager to negotiate with the County for acquisition of this property by the City for this parcel and bring back a proposed agreement.
	Following some discussion, Council recognized Mrs. Pat Haney Hales, 461 Stacey Weaver Drive in College Lakes, Vice President of the North Fayetteville Athletic Association.  She stated that she has a signed petition for this project and was in the process of drafting a letter requesting to appear before Council.
	Council advised Mrs. Hales that they were working for a park in this area and would appreciate her presenting the petition.
16.	Consideration of Resolution authorizing the grant application to the Governor's Highway Safety Program.
	Mr. Smith stated that this grant application is for planning funds for development of a highway safety and traffic enforcement program.  There is no match requirement on the part of the City.  This is an in kind match.
	Councilmember McBryde questioned whether we would be having to come up with funds when this ends to keep someone on the payroll.  Mr. Smith responded that we had no obligation to continue the employment of this personnel.
	Following lengthy discussion, Councilmember Evans offered motion, seconded by Councilmember Kendrick to adopt the resolution authorizing the grant application to the Governor's Highway Safety Program.  The Resolution was adopted with a 6 to 3 vote, with Councilmembers McBryde, Jones, and Johnson voting against.
	LOCAL GOVERNMENTAL RESOLUTION (FOR FORM GHSP-D-03, “APPLICATION FOR HIGHWAY SAFETY PROJECT GRANT”).  RESOLUTION NUMBER R1986-137.
17.	Appointments:
	A.	Election of Beatrice Matthews to the Senior Citizens Advisory Commission.  Councilmember Kendrick offered motion to elect Mrs. Beatrice Matthews to the Senior Citizens Advisory Commission by acclamation, seconded by Councilmember Jones and carried unanimously.
	B.	Nominations to fill one vacancy on the Senior Citizens Advisory Commission.  Councilmember Ross nominated Mrs. Lucille Carter.
	C.	Nominations to fill seven vacancies on the Historic Resources Commission.  All members shall be residents of the City of Fayetteville. State law requires the following categories to be represented:
		1.	A licensed architect.
		2.	An historic preservationist or cultural or social historian.
		3.	A realtor, developer, or general contractor.
		4.	A building designer or land use design professional.
	The City ordinance also recommends that a property owner in the Historic District be included.
	The following nominations were made:
	Mr. McBryde nominated Ron Wilson - building designer, or realtor or developer.
	Mr. Torrey nominated W. E. Murphy - historian.
	Mr. Jones nominated Betty Monroe - Historic Preservationist, Real Estate and Insurance.
	Mr. Johnson nominated Raymon Yarborough - Preservationist. 
	Mr. Dawkins nominated Wade Reece - Developer.
	Mrs. Evans nominated Bill Pollitt - Downtown Property Developer 
	Mrs. Evans nominated John Malzone - Realtor 
	Mrs. Ross nominated Frank Brown - Downtown Property Owner 
	A nomination for an architect is still to be made.
18.	Administrative Reports:  Mr. Smith stated that in interest of time these items could be withheld from this meeting.
19.	Matters of Interest to Council.
	Councilmember Kendrick stated that the Marlborough Road seems to be a truck route.  Mr. Smith responded that it was made a local truck route several years ago and possibly the Streets and Roads Committee might want to review that situation.
	Mr. Kendrick also wanted to issue special thanks to City Attorney Cogswell and Planning Liaison Al Mitchell for attending a meeting with him and the Three Colonies residents.  He stated they were most helpful in trying to solve the problem.
	Mayor Hurley questioned the status of Hawley Lane paving.  Mr. Bennett responded that one more parcel needs to be acquired and then the paving contract is to be let.
	Councilmember Johnson asked staff the status on the temporary fire station. Mr. Smith responded that Chief Johnson is making contacts with property owners for acquisition of property and putting together a cost list for equipment.
	Councilmember McBryde offered motion for executive session for litigation at 10:15 p.m., seconded by Councilmember Pillow and carried unanimously.
	Council reconvened at 10:35 p.m. into regular session.
	The City Attorney stated that in the case of Cecilia Gray vs. Danny Dixon and others, he is recommending approval of the Stipulation of Voluntary Dismissal filed August 20, 1986, in Federal District Court.
	Councilmember Kendrick offered motion to follow the recommendation of the City Attorney, seconded by Councilmember Evans and carried unanimously.
	Mr. Cogswell stated that in the condemnation case of the City vs. Otis R. and Betty J. Hawkins for drainage easement on Hilton Drive.  He is recommending settlement up to $500.00.
	Councilmember Pillow offered motion to follow the recommendation of the City Attorney, seconded by Councilmember Dawkins and carried unanimously.
	There being no further business, the meeting was adjourned at 10:42 p.m. 
REGULAR MEETING
MONDAY, SEPTEMBER 15, 1986
	FAYETTEVILLE CITY COUNCIL
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, SEPTEMBER 15, 1986
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Samuel Johnson, Mark Kendrick and Thelbert Torrey
Also Present:	John P. Smith, City Manager
			Roger L. Stancil, Assistant City Manager 
			Robert C. Cogswell, City Attorney
	Mayor called the meeting to order and the invocation was given by Reverend Robert Gray, Highland Presbyterian Church.  Following the invocation, the Pledge of Allegiance was led by a Boy Scout present in the audience.
	Mayor Hurley stated that the City Attorney had requested an Executive Session for litigation at the end of the meeting.
	Mayor Hurley then recognized 14 members of the Dixie Youth Baseball Champs and Coaches Williams and Hill.  Achievement certificates were presented to each youth member by the Mayor and Councilmember Torrey.
	Presentation of service award pins were given by Mayor Hurley to Bobbie Joyner, 5 years; Clark Dill, 5 years; Raymond Beamon, 10 years; and George McCarthy, 25 years.
	Youth Council present were recognized and they were Richard Newton and Stacy Thomas.
1.	Consent:
	Councilmember Kendrick offered motion to approve the Consent Items 1A-L and adopt resolutions, seconded by Councilmember Dawkins, and carried unanimously.
A.	Approval of minutes of regular meeting of August 18, 1986. 
B.	Approval of minutes of special meeting of August 28, 1986.
C.	Approval of minutes of regular meeting of September 2, 1986.
D.	Set Public Hearing for October 6, 1986, to consider the following Planning Board items:
	1.	The rezoning from R5 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the east side of McIver Street, north of Humphrey Lane. Case P86-37.
	2.	The rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located on the east side of Fairfield Drive, north of Raeford Road (U.S. 401 South).  Case P86-114.
E.	Approval of the initial zoning to R6 Residential District or to a more restrictive zoning classification for an area located on the west side of Ramsey Street (U.S. 401 North), north of Fernwood Drive.  Case P86-115.
F.	Approval of the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located on both sides of Oates Drive, west of Ramsey Street.  Case P86-121.
G.	Approval of the initial zoning to PND Planned Neighborhood District or to a more restrictive zoning classification for an area located on both sides of Dobson Drive Extension, east of Norfolk and Southern Railroad.  Case P86-122.
H.	Approval of the initial zoning to C1(P) Shopping Center District or to a more restrictive zoning classification for an area located on the south side of Morganton Road (S.R. 1404), east of Skibo Road (U.S. 401 Bypass).  Case P86-124. 
I.	Consideration of adoption of resolutions approving the sale of six tracts of land to NC Department of Transportation for CBD Loop right-of-way:
	1.	City/County owned Lots 364-365 Pleasant View Subdivision, Section 2, NC Department of Transportation parcel #97.  Offer is $1,250.
		RESOLUTION AUTHORIZING THE SALE OF CITY PROPERTY TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (PARCEL NO. 97, LOTS 364 AND 365, PLEASANT VIEW SUBDIVISION)  RESOLUTION NO. R1986-138.
	2.	City/County owned Lot #106, Plat Book 20, Page 21, NC Department of Transportation parcel #31.  Offer is $3,500.
		RESOLUTION AUTHORIZING THE SALE OF CITY PROPERTY TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (PARCEL NO. 31, LOT 106, SAVOY HEIGHTS, SECTION I).  RESOLUTION NO. R1986-139.
	3.	City/County owned Lot #104, Plat Book 20, Page 21, NC Department of Transportation parcel #30.  Offer is $4,030.
		RESOLUTION AUTHORIZING THE SALE OF CITY PROPERTY TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (PARCEL NO. 30, LOT 104, SAVOY HEIGHTS, SECTION I).  RESOLUTION NO. R1986-140.
	4.	City/County owned Lot #8 Savoy Heights Subdivision, NC Department of Transportation parcel #27.  Offer is $2,730.
		RESOLUTION AUTHORIZING THE SALE OF CIT? PROPERTY TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (PARCEL NO. 27, LOT 8, SAVOY HEIGHTS, SECTION I).  RESOLUTION NO. R1986-141.
	5.	City-owned portion of Davis Court property.  NC Department of Transportation parcel #109.  Offer is $1,175.
		RESOLUTION AUTHORIZING THE SALE OF CITY PROPERTY TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (PARCEL NO. 109, PORTION OF DAVIS COURT PROPERTY).  RESOLUTION NO. R1986-142.
	6.	Portion of City-owned property corner of Italy and Robeson Streets.  NC Department of Transportation parcel #67-A.  Offer is $560.
		RESOLUTION AUTHORIZING THE SALE OF CITY PROPERTY TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (PARCEL NO. 67-A, CORNER OF ROBESON AND ITALY STREETS).  RESOLUTION NO. R1986-143.
J.	Approval of disposal of surplus property (sale of airfield lighting fixtures valued at $600. to R. L. VanStory Company).
	RESOLUTION AUTHORIZING THE SALE OF SURPLUS PROPERTY (AIRFIELD LIGHTING FIXTURES).  RESOLUTION NO. R1986-144.
K.	Award of contract for signage project at Fayetteville Municipal Airport to Concept Unlimited, Inc., the low bidder.
L.	Adoption of resolution honoring Leigh Wilson upon his retirement from the North Carolina League of Municipalities.  Copy attached to original minutes.
2.	PWC Matters:
	Mr. Tim Wood presented the following PWC items:
A.	Consideration of bid award to Bennett's, Inc., for purchase of one 55,000 lb. GVW Truck Tractor.
	Mr. Tim Wood stated that the recommendation by PWC was to award the low bidder meeting specifications.  Bennett's, Inc. in the amount of $48,151.58 was the lowest bidder meeting specifications.
	Councilmember McBryde offered motion, seconded by Councilmember Jones to award the low bidder meeting specifications as recommended and carried unanimously.
B.	Consideration of bid award to Dellinger, Inc., for construction of Interceptor Line “CC” (a Beaver Creek Tributary).
	Councilmember Evans offered motion, seconded by Councilmember Pillow and carried unanimously to award the low bidder of Dellinger, Inc. in the amount of $606,164.00.
C.	Consideration of bid award to Pitney Bowes for purchase of Mail Envelope Inserting System.
	Mr. Wood stated that this mail envelope inserting system would enable them to speed up their cash flow, in addition to allowing an envelope that would be returnable by the customer.
	Councilmember Pillow offered motion, seconded by Councilmember Jones to award to the Low bidder meeting specifications of Pitney Bowes in the amount of $86,447.00, carried unanimously.
D.	Consideration of a resolution approving the findings, conclusions, and determinations of the Public Works Commission relative to the proposed Combined Cycle Generating Unit.
	Chairman of the Public Works Commission, Jim Warner, presented this item and stated that the expenditures will more than likely be repaid within seven years.
	Councilmember Dawkins moved to adopt the resolution approving the findings, conclusions and determinations as recommended by PWC, seconded by Councilmember Kendrick and carried unanimously.
	RESOLUTION (FINDINGS, CONCLUSIONS AND DETERMINATIONS RELATIVE TO PROPOSED, COMBINED CYCLE UNIT).  RESOLUTION NO. R1986-145.
E.	Consideration of a resolution supporting the efforts of the Public Works Commission to obtain approval of a Combined Cycle Unit.
	Councilmember Dawkins offered motion to adopt the resolution for approval of a Combined Cycle Unit, seconded by Councilmember McBryde and carried unanimously.
	RESOLUTION (CONSTRUCTION OF COMBINED CYCLE UNIT).  RESOLUTION NO. R1986-146.
3.	Planning Board Matters:
Consideration of the initial zoning to R5 Residential District and C1(P) Shopping Center District or to a more restrictive zoning classification for an area located north of Cliffdale Road (S.R. 1400), west of and including the All American Expressway.
	Al Mitchell presented this item and stated that it was recommended for approval with the exception of that portion of Tracts I and II which lie east of the central line of the All-American Expressway, which should be zoned R10 Residential District and adjoining Westwood Shopping Center, and the remaining portion of Tract II be zoned R5 residential district, and the remaining portion of Tract I be zoned C1P Shopping Center District.
	Councilmember McBryde offered motion to follow recommendation, seconded by Councilmember Evans, and carried unanimously.
4.	Consideration of Grant Agreement for Community Development Block Grant (CDBG) Supplemental Appropriations.
	Mr. Richard Herrera presented this item and stated that $155,000 in additional funds for the Community Development Block Grant (CDBG) have been allocated for the Fiscal Year 1986-87.
	Councilmember Dawkins offered motion to authorize the Mayor to execute the agreement, seconded by Councilmember McBryde and carried unanimously.
	Mayor Hurley asked Mr. Herrera to check into using CDBG funds for the homeless.
5.	Consideration of a Municipal Agreement with N.C. Department of Transportation for City participation in the cost of rights-of-way for the CBD Loop from Hay Street to Robeson Street.
	Mr. Smith stated that this proposal represents an increase of the percentages of rights-of-way cost that Fayetteville has been asked to pay in the past.  The total rights-of-way cost is to be $4,976,000.00 with the City to pay an estimated $1,990,400.00 (40% of total) over a seven year period without interest.
	Councilmember Evans moved to adopt the resolution as recommended, seconded by Councilmember Pillow and carried unanimously.
	RESOLUTION APPROVING A MUNICIPAL AGREEMENT OF PARTICIPATION BY THE CITY OF FAYETTEVILLE IN THE RIGHT-OF-WAY COST FOR THE CONSTRUCTION OF THE CBD LOOP IN FAYETTEVILLE.  RESOLUTION NO  R1986-147.
6.	Consideration of adoption of a revision to Capital Project Ordinance Change 84-7 Capital Ordinance Amendment 87-8581 Fayetteville Area Computerized Signal System and approval of the Engineering Department building addition.
	Mr. Smith stated that the Capital Project Ordinance will be brought back to Council for approval at a later date.  He recommends approving the authorization for advertisement for bids.
	Mr. Bennett presented sketches showing the proposed addition to the building at Engineering to house the computer system.
	Councilmember Dawkins offered motion for approval of the plans and authorizing advertisement for bids, seconded by Councilmember Evans and carried unanimously.
7.	Consideration of award of contract for purchase of one (1) front and one (1) rear loading refuse body.
	Recommendation was made to award to Simpson Equipment Company as the low bidder meeting the specifications of $52,206.00.
	Councilmember McBryde offered motion to award to the low bidder meeting specifications as recommended, seconded by Councilmember Pillow and carried unanimously.
8.	Consideration of resolution authorizing condemnation of parcel W-1 - Twin Acres Drive right-of-way.
	Mr. Bennett presented this item and stated that they had recently been informed that the owners would not settle for the appraised values for the rights-of-way needed as originally believed.  Therefore, he recommends adoption of a resolution for condemnation.
	Councilmember Johnson offered motion to adopt the resolution for condemnation of parcel W-1 in Twin Acres Drive for a right-of-way, seconded by Councilmember Dawkins and carried unanimously.
	RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1986-148.
9.	Consideration of revisions to Off-Street parking ordinance, Chapter 20, Sections 132 and 133, of the Fayetteville City Code.
	Councilmember Kendrick moved to adopt the ordinance effective October 1 for revisions to off-street parking ordinance chapter 20, sections 132 and 133, seconded by Councilmember Ross and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (SECTION 20-132 AND 133 OFF-STREET PARKING LOTS).  ORDINANCE NO. NS1986-20.
10.	Consideration of revisions to On-Street parking ordinance, Chapter 20, Section 106 of the Fayetteville City Code.
	Mr. Bennett stated that this ordinance is to allow the removal of the parking spaces as recommended by Council at the last meeting.
	Councilmember McBryde offered motion to adopt ordinance, seconded by Council member Dawkins and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (SECTION 20-106, TRAFFIC SCHEDULE NO. 11).  ORDINANCE NUMBER NS1986-21.
11.	Appearance by Mrs. Pat Hales regarding College Lakes park property.
	Mrs. Hales was recognized and stated that she had several questions for Council.
	1.	What negotiations had been made between the City and County for acquiring the land?  Mr. Smith responded that the County is very interested, and he hopes to have a firm figure this week.
	2.	How will the bond referendum affect that area as far as Parks and Recreation?  Mr. Dawkins responded that a commitment had been made to the College Lakes Area and that this matter is not contingent on the bond issue, but more can be done if the bond passes.
	3.	Will the tax dollars from the 640 acres that were annexed be coming back into the area?  Council responded that a portion would come back in the form of services that they will be receiving.
	4.	What time table is expected for developing the park area?  Council responded that they would try to have an area cleared by Spring Ball Season.
	Mr. Lyle Hall also was recognized.  In addition to being a resident of the area, Mr. Hall is also on the Parks and Recreation Advisory Board.  He stated that they have 365 children involved in ball in that area, and the City only had 650 children involved with all the ball fields.
12.	Consideration of dedication of Airport Concourse in Memory of Charles C. Clark.
	Councilmember Dawkins offered motion, seconded by Councilmember Pillow to dedicate the Airport Concourse in memory of Charles C. Clark.  The dedication plaque will read, “THE CHARLES C. CLARK CONCOURSE DEDICATED NOVEMBER, 1986, IN MEMORY OF MR. CHARLES C. CLARK FOR HIS UNTIRING EFFORTS IN THE DEVELOPMENT, UPGRADING AND IMPROVEMENT OF THE FAYETTEVILLE MUNICIPAL AIRPORT.  HE WILL BE LONG REMEMBERED FOR HIS ABILITY TO FORESEE THE AIR TRAVEL NEEDS OF THIS COMMUNITY.  FEBRUARY 1974 - JUNE 1986, FAYETTEVILLE AIRPORT COMMISSION.”
	Councilmember Dawkins commented that he visited Mr. Clark while he was in the hospital and that Mr. Clark was still willing to serve even a few days before he died.
13.	Report on status of liability insurance at Airport.
	Mr. Smith presented this item and stated that the estimate for the Airport Liability Insurance that was budgeted will only cover the $20,000,000.00. Therefore, he recommends a supplemental appropriation be taken from Council contingency to cover $35,000,000.00 of coverage for the amount of $57,231.00.
	Councilmember Johnson stated that he preferred the $100,000,000.00 coverage, but felt that they should not take less than $50,000,000.00.
	Following discussion, Councilmember Evans offered motion to follow the recommendation for $35,000,000.00 coverage for Airport Liability Insurance in the amount of $57,231.00, seconded by Councilmember Ross.
	Councilmember Johnson offered substitute motion for $50,000,000.00 coverage in the amount of $65,820.00.  The substitute motion died for lack of a second.
	Following further discussion, Mayor Hurley called for a vote on the original motion and it carried unanimously.
14.	Consideration of designation of voting delegate for 1986 Annual League meeting.
	Councilmember Evans offered motion that Mayor Hurley be designated as the voting delegate for the 1986 Annual League Meeting in Charlotte, in October and for the Mayor to choose an alternate, seconded by Councilmember Dawkins and carried unanimously.
15.	Consideration of cancellation of October 20, 1986, City Council meeting.
	Councilmember Dawkins offered motion to change the regular meeting of October 20 to the October 27 information meeting, seconded by Councilmember Evans and carried unanimously.
16.	Appointments:
A.	Nominations to fill three vacancies on the Parks and Recreation Advisory Commission.
	Councilmember Kendrick nominated Brad Hurley.  Councilmember Ross nominated Christine Smith, 412 Wilmington Road.  Councilmember Dawkins nominated Mr. William Johnston.  Councilmember Pillow nominated Mr. William J. Pratt, (Fayetteville State University), 713 Chadwick Road.  Councilmember Johnson nominated Mrs. Ann Nimocks.  Councilmember McBryde nominated Mr. Mike Ezzell.
B.	Nominations to fill one vacancy on the Senior Citizen Advisory Commission.
	Councilmember Pillow nominated Mr. Charles A. Darlington, 1801 Olympia Court.  Councilmember Johnson nominated Mr. Alan Barefoot, Bennington Road.
C.	Election of members to Historic Resources Commission.
	A vote was taken to elect six of the seven nominees due to a vacancy in the category of architect.  The six members elected by a show of hands vote were Ron Wilson, Designer; W. E. Murphy, Historian; Betty Monroe, Preservationist; Wade Reese, Developer; John Malzone, Realtor; Frank Brown, Historic District Property Owner
D.	Nominations to fill one vacancy on Historic Resource Commission - Architect category.
	This item was postponed until the next meeting.
17.	Administrative Reports:
A.	Statement from Cumberland County Tax Collector of taxes collected for the month of August, 1986.
	The City Manager requested that the minutes reflect the collection of the taxes for the month of August, 1986.
B.	Other.
	Mr. Smith reminded Council of the Regular Information Meeting on Monday, September 22, 1986.
18.	Matters of Interest to Council:
	Councilmember Johnson requested that the budget be early next Spring, so that any possible raises could be given without a delay.  Mr. Johnson also wanted to ensure that the public be informed fully on the bond issues coming up. Councilmember Johnson inquired on the progress of 911.
	Mr. Smith responded that a report would be given by the Communications Director at the Information Meeting on Monday night.
	Councilmember Ross requested that something be done about the trashy area on the Rowan Street Loop because of the litter.
	Councilmember Johnson responded that he was a liaison to the Clean and Green Committee and that they want to inform and educate the people to help alleviate these problems.
	Councilmember Pillow requested that the median strips in the City be cleaned.
	Councilmember Johnson inquired of the Engineering Department concerning having sweepers go around traffic islands.
	Mr. Bennett responded that there are 260 miles of paved road in the City, and they have three sweepers, each having a high maintenance.  Therefore, he suggested the possibility of being contracted by the State Highway Department to assist in cleaning the state highways within the City.
	Councilmember Dawkins stated that Marie Beard had passed away last week. She was a conscientious Councilmember, and the Council extends their sympathy to her family.  He also stated that Hawkins Stanton had passed away suddenly and wad a tremendous worker as Chairman of the Metropolitan Housing Authority.
	Councilmember Jones requested that a letter of appreciation be sent to the families.
	Mayor Hurley will have a resolution of appreciation prepared for each family.
	Councilmember Kendrick stated that there were many vacant lots next door to residents that are unkept, and are a definite hazard to the health and safety and welfare of the citizens.  Mr. Kendrick also stated that the Borden Heights residents have to drive over a curb to get into and out of their driveways causing their cars to drag.  Also, the curbing creates a wash-out of property that the residents did not have a problem with before they were brought into the City.
	Mr. Bennett responded that he would like to give a full report to Council at a later date on those concerns.
	Councilmember Dawkins stated that he gets thanks for problems that are taken care of for citizens, as well as getting complaints from citizens.
	Councilmember Jones stated he feels there is a need to make Franklin Street a two-way traffic street, and feels it would help the downtown businesses.
	Councilmember Kendrick offered motion for Executive Session for a litigation matter, seconded by Councilmember Pillow at 9:10 p.m.
	Council reconvened into regular session at 9:45 p.m., and there being no further business the meeting was adjourned.
INFORMATION MEETING
MONDAY, SEPTEMBER 22, 1986
	FAYETTEVILLE CITY COUNCIL
	INFORMATION MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, SEPTEMBER 22, 1986
	7:00 P.M.
Present:	Mayor John W. Hurley
		Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Joseph Pillow, Ida Ross, Samuel Johnson, Thelbert Torrey, Mark Kendrick
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney (arrived 9:00 p.m.)
	Mayor Hurley called the meeting to order and the invocation was given by Reverend Jessie Watson, Hay Street United Methodist Church.  Mayor Hurley lead the Pledge of Allegiance to the Flag.
	Mayor Hurley stated that the City Attorney had requested Executive Session for litigation and property matters.
	The first item was a presentation on the proposed consolidated Community Center.  Mr. Smith reviewed what has transpired up to hiring the Communications Director and introduced Ed Dow to give a presentation.
	Mr. Dow showed slides of the existing systems within the Fire Department and Police Department, and then showed charts depicting how the consolidated system is proposed.  Mr. Dow stated that the consolidated Fire Department and Police Department dispatch systems would be housed in the renovated third floor of City Hall and a one seven-digit number would be used by the residents.
	The next item was a presentation on a proposed Burglar Alarm Ordinance. Mr. Dow presented statistics on Fire and Police Alarms which showed 100% of all fire alarms were false, and 98.8% of Police alarms were false.  He further stated that with the new combined system, there would be no false alarms.
	The Police Attorney, Beryle Wade, presented the draft of the Burglar Alarm explaining each section.  There was lengthy discussion on this matter.
	Mr. Luke Wheeler and Mr. Jessie Watson, both businessmen who install alarms, were recognized for their input.
	Following discussion, Council unanimously agreed to have a public hearing on this matter.
	At this time, Mr. Cogswell was recognized and requested Council authorize advertisement of Lots M-8 and M-9, Murchison Road Redevelopment Area to be sold to Robert J. Thompson.
	Councilmember Evans offered motion to authorize the advertisement, seconded by Councilmember Kendrick.
	Councilmember Evans asked that a sign be posted on the property, and that the Senior Citizens Center be notified for their input to this.  Therefore, Councilmember Evans withdrew her motion, and Councilmember Kendrick withdrew his second.
	Councilmember Kendrick offered motion for Executive Session at 9:47 p.m., seconded by Councilmember McBryde.
	Council reconvened into regular session at 9:53 p.m.  Mr. Cogswell requested that the lawsuit of Jacona Vaughan verses the City, Case No. 84-CVS-4198 be settled in the amount of $4,300.00.
	Councilmember Kendrick offered motion, seconded by Councilmember Jones to follow the recommendation to settle the lawsuit, carried unanimously.
	Mr. Cogswell requested that Council officially accept Twin Acres Drive as a City street as recorded in the Register of Deeds Book 23, Page 56.
	Councilmember McBryde offered motion, seconded by Councilmember Kendrick, and carried unanimously to follow the recommendation to accept Twin Acres Drive as a City street.
	There being no further business, the meeting was adjourned at 9:55 p.m. 
SPECIAL MEETING
MONDAY, SEPTEMBER 29, 1986
	FAYETTEVILLE CITY COUNCIL
	SPECIAL MEETING
	KYLE HOUSE CONFERENCE ROOM
	MONDAY, SEPTEMBER 29, 1986
	11:15 A.M.
Present:	Mayor Hurley
		Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Joseph Pillow, Samuel Johnson, Ida Ross.
Others:	Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
Absent:	Councilmember Mark Kendrick
	Mayor Hurley called the meeting to order at 11:15 a.m.
	Councilmember Ross offered motion, seconded by Councilmember McBryde to enter into Executive Session for litigation at 11:17 a.m.
	Council reconvened into regular session at 11:28 a.m. and City Attorney Cogswell stated that the Paul D. Warner versus City of Fayetteville, Danny Dixon and John Smith, Case No. 86-27-CIV-3, be approved for Stipulation of Dismissal signed Thursday, September 25, 1986.
	Councilmember McBryde offered motion, seconded by Councilmember Jones and carried unanimously to approve the Stipulation of Dismissal.
	Mr. Cogswell also requested Council's approval of a Stipulation of Voluntary Dismissal with Prejudice the case of   Gregory Poole Equipment Company versus City of Fayetteville, Case 84-CVS-1445.
	Councilmember Evans offered motion to approve the dismissal of the lawsuit as requested, seconded by Councilmember Jones and carried unanimously.
	There being no further business, the meeting was adjourned at 11:37 a.m. 
REGULAR MEETING
MONDAY, OCTOBER 6, 1986
	FAYETTEVILLE CITY COUNCIL
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, OCTOBER 6, 1986
	7:00 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Samuel Johnson, Mark Kendrick, and Thelbert Torrey.
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and the Invocation was given by Reverend Max Vestal, Eutaw United Church of Christ.  Following the Invocation, the Pledge of Allegiance was led by Morris E. Salani of the Knights of Columbus.
	Mayor Hurley recognized the Youth Council members present who were Nancy Moses and Elaina Gaskins.
1.	Consent:
A.	Approval of minutes of regular meeting of September 15, 1986.  Councilmember McBryde offered motion to approve Items A-M with the exception of C, seconded by Councilmember Kendrick and carried unanimously.
B.	Approval of minutes of regular information meeting of September 22, 1986. 
C.	Approval of minutes of special meeting of September 29, 1986.
	Pulled for correction.
D.	Set Public Hearing for October 27, 1986, to consider the following Planning Board items:
	1.	An amendment to the City of Fayetteville Zoning Ordinance, Article XT, Chapter 32, Section 32-73, Item (c) addressing the scheduling and consideration of non-public hearing rezoning cases that have not been appealed.  (Fayetteville Ordinance)
	2.	The rezoning from P2 professional District and M2 Industrial District to C(1)P Shopping Center District or to a more restrictive zoning classification for an area located on the south side of Morganton Road, west of Skibo Road, Case P86-133.  (U.S. 401 Bypass).  (Fayetteville Ordinance)
	3.	The rezoning from P2 Professional District and M2 Industrial District to C(1)P Shopping Center District or to a more restrictive zoning classification for an area located at 5301 Morganton Road, Case p86-134.
E.	Approval of a request for a refund of City taxes to Joseph Moore in the amount of $41.31.
F.	Approval of a request for a refund of City taxes to Kenneth H. Smith in the amount of $86.73.
G.	Approval of a request for a refund of City taxes to Virginia Crabtree, Inc., in the amount of $655.75.
H.	Consideration of resolutions to sell two City-owned surplus tracts of land:
	1.	Vacant Lot S/W corner of Camden Road and Quality Road Villtex Mills Subdivision, Plat Book 10, page 50, Deed Book 2681, page 155.
	A RESOLUTION AUTHORIZING THE SALE OF CITY PROPERTY (CORNER OF CAMDEN AND QUALITY ROADS) R1986-149.
	2.	Vacant Lots 2 and 3 of “Rankin Brothers Property,” Plat Book 36, page 27, Deed Book 2365, page 223.
	RESOLUTION AUTHORIZING SALE OF CITY PROPERTY (RANKIN BROTHERS PROPERTY R1986-150.
I.	Award of contract for purchase of one (1) Hydraulic Operated Drive-on Drive-off Truck Lift to Braswell Equipment Company, in the amount of $35,000 for City Fleet Maintenance.
J.	Set Public Hearing for October 27, 1986 to consider a false alarm ordinance.
K.	Consideration of bid award to Southland Rentals, the low bidder, for purchase of 8,000 pound Fork Lift Truck for PWC in the amount of $26,281.36.
L.	Consideration of bid award to Mill-Power Supply Company, the low bidder, for purchase of two 25000/28000/35000 KVA substation class transformers for PWC in the amount of $23,444.
M.	Consideration of bid award to Thamer Construction Company in the amount of $751,725 and Watson Electric Company in the amount of $17,518.  The low bidders of construction of Alum Sludge Lagoon at Hoffer Water Treatment Plant for PWC.
	At this time Councilmember Dawkins stated that Mr. J. Bernard Stein was an outstanding citizen and involved in many things within the City.  Mr. Dawkins stated he felt that he was speaking for all Councilmembers by extending deepest sympathy to his family.
IC	Councilmember Torrey offered motion to approve Item IC with a correction showing that he was present at that meeting, seconded by Councilmember Dawkins and carried unanimously.
2.	Public Hearings:
A.	Consideration of rezoning from R5 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the east side of McIver Street, north of Humphrey Lane.  Case P86-37.
	Mr. Al Mitchell presented this item and stated that the staff had conducted a survey of the McIver Street area as requested by the Planning Board in April. They recommended office and commercial zoning designation which would serve as a transition along McIver Street to the existing residential area along Branson and McGilery Streets.  The recommendation was for denial of the requested C3 Heavy Commercial District and approval of the P2 Professional District.
	Mrs. Mary Ford, 612 Humphrey Lane and Ms. Lula Harris, a McIver Street resident, appeared in opposition, saying they do not want any changes in that area.  Mr. Nathan Springs, a McInver Street resident also did not want change unless taxes were lowered.  Ms. Betty Smith, 252 McIver Street does not want the elderly in the area to have to move.  She is also opposed to change.
	Appearing in favor of the rezoning was Mr. Joel Smith, petitioner and landowner, resident of 703 Argyle Road.  They feel it would improve the area and the tax base.  He presented pictures and a petition in favor of the rezoning. Mr. Smith informed Council of what was located in the area.
	Following discussion, Councilmember Evans offered motion to follow  the recommendation of the Planning Board and staff and approve the P2 Professional Zoning, seconded by Councilmember Pillow.
	Councilmember Johnson offered substitute motion to rezone to C3, seconded - by Councilmember McBryde.
	Following lengthy discussion, Councilmember Johnson amended his substitute motion to C1 rezoning, seconded by Councilmember McBryde and carried 5 to 4 with Councilmembers Dawkins, McBryde, Johnson, Kendrick, and Jones voting in favor and Councilmembers Evans, Pillow, Torrey and Ross voting against.  This will require a second reading.
B.	Consideration of rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located on the east side of Fairfield Drive, north of Raeford Road, Case P86-114.
	Al Mitchell presented this item and reviewed what could and could not be done in P2 Professional.
	City Attorney Cogswell reported on the protest petitions.  He stated that the signatures do not invoke the three-fourths requirement, therefore only a two-thirds vote in required.
	Appearing in favor of the rezoning was Rudolph Singleton, Attorney for the petitioners, Tallywood Association.  He stated that in order to prohibit deterioration of the shopping center area they need additional small shops.  Mr. Singleton presented photographs of the area and plans of proposed building.
	Mr. Bob Ray, representing the Florence Rogers Charitable Trust, stated that they need new office facilities.  He presented plans of the proposed building showing a residential appearance.
	Mayor Hurley reminded Council that a drawing of a proposed use cannot be taken into consideration of rezoning.
	Appearing in opposition were George Fincher, 701 Emeline, President of Tallywood Watch Patrol.  He introduced spokesman Fred Best, 801 Emeline Avenue, property owner.  Mr. Best had submitted a protest petition and Mrs. John Sasser sent a protest petition from Nova Scotia while traveling, due to her concern. They are all concerned with enforcement and aesthetics of the area due to other areas where nothing has been done according to Mr. Best.
	Joseph Kosarski, 721 Fairfield Road appeared in opposition and asked those present that live in the area who are opposed to stand or raise their hand. Approximately 80 responded.  He then asked for those who were in favor of the rezoning and live in the area to do the same.  There were two or three.  He stated that what happens here tonight would affect every neighborhood in the City.
	Also appearing in opposition to the rezoning were Mrs. Dorothy (John) Sasser, who had sent the opposing petition, Mrs. Alta Keen, 810 Emeline resident, Mrs. Francis Bullock, 814 Emeline Street, and Kathy Bledsoe, 805 Fairfield Road.
	Appearing in rebuttal, Mr. Singleton asked those present in the area who are employees in the area and who are in favor of the rezoning to stand and there were approximately 25.  He further stated that the northern one-third end of the property needs to be C1 but the rest could be P2.
	Councilmember Dawkins stated that they were required to zone property and not people.  He stated that the property can change hands and they cannot zone for proposed uses.  The Planning Board and staff have recommended residential. Councilmembers Ross, Pillow, and Johnson concurred with councilmember Dawkins.
	Councilmember Jones stated that he had previously committed himself to P1 until he discovered only doctor and medical offices could go in a P1 zoning.
	Following lengthy discussion, Councilmember Kendrick offered motion to deny the rezoning, seconded by Councilmember Ross.
	Councilmember Johnson then offered a substitute motion to rezone to P2, seconded by Councilmember Evans.
	Following further discussion Mr. Cogswell was requested by Council to read what is allowed in P1 and P2, which he did.
	The Mayor called for a vote and the substitute motion failed 4 to 5 with Councilmembers Evans, Pillow, Johnson and Torrey voting in favor and Councilmembers Dawkins, McBryde, Kendrick, Jones and Ross doting against.
	Council than returned to the main motion which was not to rezone and the motion carried 5 to 4 with Councilmembers Dawkins, McBryde, Kendrick, Jones and Ross voting for and Councilmembers Evans, Pillow, Johnson Torrey voting against.
	At this time, Mayor Hurley recognized Catherine Toomer and presented her with a Fifteen Years of Service Pin with the Parks and Recreation Department.
	Attorney Cogswell responded at this time to Mr. Best's remarks concerning the junk yards that he referred to in his opposition to the rezoning matter above.  Mr. Cogswell stated that the City is dealing with valid and invalid uses and he had been unable to reach the owner who had been on vacation.  Mr. Cogswell stated that this may involve relocating a business.  However, one lot has been cleaned.
10B.	Report on multi-way stop request in the Tallywood area.  At this time, Mayor Hurley stated that due to Item 10B being a concern to the Tallywood area residents present tonight, they would discuss this matter at this time.
	Councilmember Dawkins stated that he wants as much data as possible to include the entire City to be brought up at an information meeting with the entire Council.  Council took no action.
2C.	Consideration of rezoning from C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 1825 Ramsey Street.  Case P86-110.
	Al Mitchell presented this item and stated that the Planning Board recommends denial due to the fact that the requested rezoning represents spot zoning in that it would grant special development privileges to this property not enjoyed by other properties with similar locations and characteristics.
	Mr. George Herndon, Jr., representing the property owner and petitioner appeared in favor of this rezoning.  He stated that the petitioners had been the owners for 40 years and that the Planning Board has not looked in this area in the last ten years.  Mr. Herndon listed for Council the businesses in the area that are borderline C1 and others that are C3 uses.  He requested that Council continue this item and go to the area to see for themselves.
	No one appeared in opposition.
	Councilmember Dawkins offered motion to not rezone, seconded by Councilmember Kendrick.
	Following discussion, Councilmember Kendrick offered substitute motion to continue this item until staff studies the area and returns a plan through the proper channels, seconded by Councilmember Ross.  Motion carried 8 to 1 with Councilmember Evans voting no.
	Mr. Cogswell stated that a study will not change anything that is in use in the area at this time.
3.	Consideration of request to establish a 25 MPH speed limit on General Lee Avenue.
	Following some discussion, Council agreed to defer this item to be included in the City-wide study by the Engineering staff.
4.	Consideration of revision to traffic schedule for No Parking on Mason Street.
	Councilmember Evans offered motion to adopt the ordinance prohibiting Mason Street parking, seconded by Councilmember Kendrick and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 20, “MOTOR VEHICLES AND TRAFFIC,” ON THE CITY OF FAYETTEVILLE CODE OF ORDINANCES.  NS1986-22.
5.	Consideration of approval of In Rem method of foreclosure for special assessments and demolition liens.
	Mr. Cogswell presented this item and stated that the words In Rem is a Latin word meaning “property.”  He recommended that Council adopt the resolution.
	Councilmember Evans offered motion to adopt the resolution as recommended, seconded by Councilmember Pillow and carried unanimously.
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE APPROVING THE IN REM TAX FORECLOSURE PROCEDURE PURSUANT TO NCSG 105-375. R1986-151.
6.	Request by Robin Tart to address City Council.
	Councilmember McBryde stated that if this is an appeal of the Wrecker Review Board's decision, Council could take no action.  The Board's decision is final.
	Mr. Jim Cooper, Attorney for Robin Tart, informed Council of the problem in an attempt to avoid court action.  He stated he feels they qualified for the Police Rotation Wrecker List permit but was denied by the Wrecker Inspector on past performance after they had gone to great lengths and expense to become qualified.  Mr. Cooper further stated that the Tart's asked to be removed from the Rotation Wrecker List following their wrecker burning, rather than being removed by the Wrecker Inspector.
	Council took no action.
7.	Consideration of Person Street parking.
	Mr. Smith presented this item and stated that they had surveyed the merchants on Person Street to determine their preference for parking.  Of the 15 merchants surveyed, 13 preferred the angle parking and two preferred to keep the 90 degree parking and the maximum number of spaces provided by them.
	Councilmember McBryde offered motion to authorize angle parking, seconded by Councilmember Jones and carried unanimously.
8.	Consideration of the following Budget Ordinance Amendments:
A.	Budget Ordinance Amendment Change 87-4 (Arms Around Fayetteville).
B.	Capital Project Ordinance Amendment Change 87-4 (to CAP 87-8581) (Traffic Signal System Building Addition).
	Councilmember Torrey asked Mr. Smith if this could not have been done when working on the Budget rather than it being an Amendment at this time.  Mr. Smith responded that to simplify the Budget, funds were appropriated into the General Operating Fund and transferred later as needed.
	Councilmember Evans offered motion to adopt A and B, seconded by Councilmember Pillow and carried unanimously.
9.	Appointments:
A.	Elections to fill three vacancies on the Parks and Recreation Advisory Commission.
	Mayor Hurley received a letter from Mr. Richard G. Griffin, representing the Cumberland County Black Leadership Caucus and from Mr. Clinton Harris reminding Council of the importance of keeping the minority representation on the Boards and Commissions.
	Following a vote to elect three of the six nominations, those elected to serve on the Parks and Recreation Advisory Commission were William Johnston, Ann Nimocks and Brad Hurley.
B.	Elections to fill two vacancies on the Senior Citizens Advisory Commission. Councilmember Dawkins of fared motion to elect Charles Darlington and Everett Alan Barefoot by acclamation.  Motion carried unanimously.
C.	Nominations to fill one vacancy on the Historic Resources Commission. Postponed.
D.	Nominations to fill one vacancy on the Airport Commission.
	Councilmember McBryde nominated Wayne Williams, Councilmember Evans nominated Beth Finch, Mayor Hurley nominated Edward “Chips” Parks, and Councilmember Ross nominated Mr. Ben Watson.
10.	Administrative Reports:
A.	Report on Marlborough Road as a truck route.
	Mr. Bob Bennett, City Engineer, presented this item and referred this memorandum in Council's packet giving a brief history of the local truck route.
	There was lengthy discussion and Councilmember Kendrick offered motion, seconded by Councilmember Jones to remove the local truck route on Marlborough Road.
	Councilmember Pillow stated that he felt they should not withdraw one local truck route unless all truck routes in the City were withdrawn.  He recommended that a study be made to consider the total local truck routes within the City.
	Councilmember Kendrick withdrew his motion with the stipulation that it is brought back in the near future.  Councilmember Jones withdrew his second.
B.	Report on multi-way stop request in the Tallywood area. (Covered previously in the meeting)
	At this time, Mr. Cogswell referred to the vacancy of the Architect on the Historic Resources Commission.  He stated that in checking the code of ethics, he felt that since this is not dealing with public contracts it would not hinder an architect from doing work.  It would only prevent them from voting on that matter.  Mr. Cogswell stated that he will research this further.
	Report on multi-way stop request in the Tallywood area.  This item was pulled and discussed earlier in the meeting.
	Mayor Hurley recognized former Councilmember Wayne Williams.  Mr. Williams complimented the working Council.  He stated that it is important also that in appointing an Airport Commission member, that person should also be a pilot. Mr. Williams further stated that Council has a tremendous decision to make.
11.	Matters of Interest to Council:
	Councilmember Ross requested that Council consider a policy to require sidewalks within five blocks of schools and that any schools newly annexed have sidewalks.  Ms. Ross stated that she was contacted by Mrs. Huggins, an elderly lady, who felt that Council had already made a decision before hearing her presentation at a Council meeting.  Ms. Ross also related an incident that happened in the 1950s to her elderly mother.  She stated that her mother had been treated with kindness at that time concerning a street situation, and because of this kindness showed to her, helped the situation.  Ms. Ross stated that she felt that everyone, especially the elderly, needs kindness and understanding.
	Councilmember Johnson questioned the progress of the fire station on the north side of town.  Mr. Smith responded that the building had burned and the man had withdrawn his offer of a building.
	Councilmember Johnson emphatically stated that the people in this area need fire protection and they need it soon.
	Mayor Hurley stated that he has faith in the staff's actions and efforts.
	There being no further business, the meeting was adjourned at 10:20 p.m.
SPECIAL MEETING
FRIDAY, OCTOBER 17, 1986
	SPECIAL MEETING
	KYLE HOUSE CONFERENCE ROOM
	FRIDAY, OCTOBER 17, 1986
	12:00 P.M.
Present:	Mayor Hurley
		Councilmembers I.L. Dawkins, Samuel Johnson, Ida Ross, Mark Kendrick, and Thelbert Torrey
		John P. Smith, City Manager
		Robert C. Cogswell, Jr., City Attorney
Absent:	Councilmembers Milo McBryde, Mildred Evans, Jimmie Jones, and Joseph Pillow
	The meeting was called to order at 12:00 p.m.
	Councilmember Kendrick offered motion to enter executive session for litigation at 12:02 p.m., seconded by Councilmember Ross and carried unanimously.
	Council reconvened at 12:18 p.m. into regular session.  Mr. Cogswell recommended that in the case of Michael T. Pirro vs. City of Fayetteville, et al., that Council approve with Stipulation of Dismissal, that dismisses all causes of action including the EEOC claim, with prejudice.
	Councilmember Dawkins offered motion to approve the Stipulation of Dismissal with prejudice in the case of Michael T. Pirro vs. City of Fayetteville, et al as recommended, seconded by Councilmember Ross and carried unanimously, 5 to 0.
	There being no further business, the meeting was adjourned at 12:20 p.m.
REGULAR MEETING
MONDAY, OCTOBER 27, 1986
	FAYETTEVILLE CITY COUNCIL
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, OCTOBER 27, 1986
PRESENT:	Mayor Bill Hurley
		Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmy Jones, Ida Ross, Joseph Pillow, Samuel Johnson, Mark Kendrick, and Thelbert Torrey
OTHERS PRESENT:	John P. Smith, City Manager
				Roger L. Stancil, Assistant City Manager
				Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and the Invocation was given by Reverend Ivey Swann, Second Baptist Church, Old Wilmington Road.  Following the Invocation, Mayor Hurley led the Pledge of Allegiance to the flag.
	The City Attorney requested an executive session for a litigation matter.
	Councilmember McBryde offered motion to approve the consent items, seconded by Councilmember Jones and carried unanimously.  They are as follows:
1.	Consent:
A.	Approval of minutes of regular meeting of October 6, 1986.
B.	Approval of minutes of special meeting of October 17, 1986.
C.	Set Public Hearing for November 17, 1986, to consider the following items:
	1.	Assessment for drainage improvement in a portion of Country Club North Section 3 - Thamesford 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 DRAINAGE IMPROVEMENT INTO A PORTION OF COUNTRY CLUB NORTH, SECTION 3.  RESOLUTION NO. R1986-152.
	2.	Assessment for street paving on Pond Street from Dick Street to Gillespie Street.
	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 POND STREET FROM DICK STREET TO GILLESPIE STREET.  RESOLUTION NO. R1986-153.
	3.	Assessment for street paving on “C” Street from Person Street to Adams Street.
	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 “C” STREET FROM PERSON STREET TO ADAMS STREET.  RESOLUTION NO. R1986-154.
	The foregoing Resolutions are on file in Resolutions Book R1986 in the City Clerk's office.
D.	Award of contract for the purchase of two (2) new cab and chassis from Bennett's, Inc., the low bidder, for Sanitation Department for a total of $109,740.00.
E.	Adoption of Budget Ordinance Amendment Change 87-5.
F.	Authorize City Manager to execute renewal of annual lease with Bragg Mutual Federal Credit Union.
G.	Approval of the following Public Works Commission matters:
	1.	Bid award to Baker Equipment for Purchase of one 20,000 pound GVW Truck with Hi-Ranger Aerial Lift in the amount of $56,208.00.  (Low Bidder)
	2.	Bid award to Hesco, Inc., for purchase of eight 69 KV, 1,200 ampere Two Insulator Side Break Switches in the amount of $40,690.00.  (Lowest responsible bidder)
	3.	Bid  award to Pump & Lighting for the purchase of 12,000 feet of 8" C-900 PVC Water Pipe in the amount of $41,640.00.  (Low bidder)
	4.	Bid award to Carlisle Contractors, Inc., for construction of Interceptor Line “V” in the amount of $1,093,748.00 -- $1,046,218.00 (alternate).  (Low bidder)
2.	Public Hearings:
A.	The rezoning from P2 Professional District and M2 Industrial District to C(1)P Shopping Center District or to a more restrictive zoning classification for an area located at 5301 Morganton Road.  (Case No. P86-134)
	This item was presented by Al Mitchell.  He stated that the Planning Board had no recommendation for this item.
	There was no one present in favor of the public hearing.
	The following appeared in opposition:
	Mr. R. B. Stone, 115 Old Gate Road, stated that this area had a hodgepodge appearance of activity that will distract from the neighborhood being a peaceful, calm place to live.
	Mr. Phil Bolin, 203 Wintergreen Drive, stated that he was the closest resident to the area.  Any change in zoning west would allow developers an opening to change the neighborhood.
	Mr. Charlie Astrike, 5407 Tarheel Drive, stated that they have a good Land-Use Policy Plan and there should be no changes.
	Mr. Mitchell stated that there was a valid protest petition submitted to the City Clerk on this matter.
	Following discussion, Councilmember Evans offered motion to deny the rezoning,  seconded by Councilmember Johnson and carried 8 to 1 with Councilmember Ross voting no.
B.	Consideration of the construction of a storm drainage system in the Greens Subdivision.
	Mr. Bennett showed slides of the general conditions of the ditch and stated that all property owners had been notified of the public hearing.  The only complete solution to this problem is for the City to approve a drainage construction project for an underground pipeline with several inlets to pick up water from adjoining properties.   Each property owner would be assessed one-fourth of the cost, Mr. Bennett stated.
	Mayor Hurley requested Mr. Bennett to explain how the assessment works. Mr. Bennett responded that the City policy is that after work is completed, another public hearing is held and assessments made on the linear foot basis.  The estimated rate would be $19.00 per linear foot.  Property owners on each side would receive a bill 30 to 45 days after Council approves the assessment. They pay 30 days thereafter without interest or over a 5-year installment period at 8 percent interest.
	Appearing in favor of this item was Mr. Dohn Broadwell, 110 Lamb Street, developer of the Greens Subdivision.  He stated that the ditch was not dug in a natural drainage way.  The ditch is approximately 2 feet higher in elevation than unnatural low.	Mr. Broadwell ended by offering advice concerning installation of the pipe in that they had trouble with the gases causing the sanitation sewer line to come apart when touched and there would be trouble with the new pipe installation.
	Appearing in opposition was Mr. Gerald Beaver, Attorney.  He filed a written document with the Clerk upon arrival at tonight's meeting.  He stated that property owner Mrs. Guthrie called the City Engineer's office to make a complaint about the ditch sometime ago and was informed that this was not a problem of the City but between her and the subdivider, Mr. Beaver stated.  Mrs. Guthrie has three lots and is faced with approximately $6,000.00 in assessments in a problem she complained about and asked the City to help.  Mr. Beaver further stated that a preliminary sketch of the proposed subdivision must be approved by the different departments including the Engineering Department, as to storm drainage and sewer layouts.  There is recorded in the Register of Deeds office that the Engineering Department certified on April 25 all storm drains installed by subdivider were approved by the Engineering Department.  Mr. Beaver went on to say that this area was included in the Bond Referendum for sewage improvements and therefore this matter should be deleted until after the Bond Referendum vote.  He further stated that the people he represents will take steps to remedy the situation concerning the improper pipe being installed, if necessary.
	Mr. Beaver represents the following land owners:  Mr. and Mrs. Dallas Brisson, Mr. and Mrs. Manley Taris, Mr. and Mrs. Walter Guthrie, Mr. and Mrs. Phillip Anderson, Dr. and Mrs. Jay Kosterman, Ethelene Rankin, Mr. and Mrs. Otis Russ, Mr. and Mrs. Joe Phillips, and Mr. and Mrs. Charles Hamilton.  There were approximately 10 area residents present in opposition to the assessments.
	Mrs. Guthrie spoke against the item and stated that she is a widow, living there 30 years and was in the country when they first moved there.  She stated that she cannot afford, nor can the young people there afford to have all of this work done and be assessed.
	Mrs. Taris was opposed to the estimated $2,000.00 cost to her family but felt something should be done due to the danger to her small child and the water flooding up to her home.
	Councilmember Evans asked if this is one of the projects on the Bond Referendum.  Mr. Bennett responded that this is cited as a problem due to complaints and they can take the money to have this improvement done, but they cannot continue taking if the Bond Referendum does not pass.
	There was some discussion.  Councilmember Evans offered motion to continue this matter until the November 17 regular meeting, after the results of the Bond Referendum, seconded by Councilmember Dawkins.
	Following lengthy discussion, Councilmember Kendrick called for the question.  Mayor Hurley asked for a vote to cease debate and it was a two-thirds vote.  Mayor Hurley asked for a vote on the motion and it was unanimous.
C.	An amendment to the City of Fayetteville Zoning Ordinance, Article XI, Chapter 32, Section 32-73, Item (c) addressing the scheduling and consideration of non-public hearing rezoning cases that have not been appealed.  (Fayetteville Ordinance) (Case No. P86-131).
	Mr. Al Mitchell presented this item and stated that the Planning Board recommends approval as written.
	There was no one present for or against this public hearing.
	AN ORDINANCE AMENDING SECTION 32-73(c) OF THE CITY CODE OF THE CITY OF FAYETTEVILLE.  ORDINANCE NO. S1986-13.
	Councilmember McBryde introduced the foregoing Ordinance and moved its adoption, seconded by Councilmember Kendrick and carried 8 to 1 with Councilmember Jones voting no.  A copy of the foregoing ordinance is on file in Clerk's office in Ordinance Book S1986.
D.	The rezoning from P2 Professional District and M2 Industrial District to C(1)P Shopping Center District or to a more restrictive zoning classification for an area located on the south side of Morganton Road, west of Skibo Road.  (U.S. 401 Bypass) (Fayetteville Ordinance) (Case No. P86-133).
	This item was presented by Al Mitchell.  He stated that a valid protest petition had been received by the City Clerk and this will require a three-fourths vote to make a change.
	Appearing in favor was Mr. Dan Gore, 6840 Upingham Road, representing the petitioner.  He stated the only reason for the rezoning is because the sign area is Limited to 10 square feet in the P2 zoning.
	Mr. Charles Hester, 338 Collingwood Drive, owner of Market Place Creative School, also appeared in favor stating that he wants a signage change also.  Mr. Foster stated that he feels a small sign would create a hazard to the drivers. 
	Marie Pressler, 115 Hearthstone Drive, was recognized and stated that she recommended either to give Mr. Gore a sign variance or to give a postponement until the home owners could have a meeting with Mr. Gore.
	The City Attorney reminded Council that the City has nothing to do with restrictive covenants and decision should be on the best use of the land.  Mr. Mitchell reminded him that each business gets 10 square feet, not 10 square feet for the whole shopping area.
	Appearing in opposition was Mr. R. B. Stone, 115 Old Gate Road; Mr. Hubert (Tony) Noble, 1111 Hearthstone Drive; and Mr. Charlie Astrike, 5407 Tarheel Drive.  They all agreed that a sign variance is all that is needed and not rezoning.
	Mr. Al Mitchell informed Council that a Sign Committee is in the process of working on changes to the sign ordinance.  Also, the ordinance states that economics is not justification for a variance.  Therefore, the ordinance would have to be amended if they want larger signs in that type location.
	Mr. Cogswell stated that a variance would not come to Council, it would be to the Board of Adjustments and their decision is final.
	Following discussion, Councilmember Johnson offered motion to leave the zoning as is, seconded by Councilmember Jones and carried 6 to 3 with Councilmembers Dawkins, McBryde, and Kendrick voting no.
	At this time, Mayor Hurley recognized County Commissioner Mary McAllister present in the audience.
E.	Consideration of False Alarm Ordinance.
	This item was presented by Beryl Wade for reconsideration.  Ms. Wade requested an effective date of January 1, 1987, if Council adopts this ordinance, in order to give them time to publicize the ordinance and establish procedures for its implementation.
	There was no one present for or against this item.
	Following brief discussion, Councilmember Evans offered motion to adopt the Burglar Alarm Ordinance to be effective January 1, 1987, seconded by Councilmember Dawkins and carried unanimously.  The ordinance title is as follows:
	AN ORDINANCE CREATING CHAPTER 9A, ENTITLED “BURGLARY AND ROBBERY ALARM SYSTEMS REGULATIONS,” IN THE CODE OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1986-14.
	A copy of the foregoing Ordinance is on file in the City Clerk's office in Ordinance Book S1986.
3.	Planning Board Matters:
Consideration of rezoning from R5 Residential District to C-1 Heavy Commercial District or to a more restrictive zoning classification for an area located on the east side of McIver Street, north of Humphrey Lane.  (P86-37)
	Mr. Al Mitchell stated that this original request was from R5 Residential to C3 Heavy Commercial District.  This will be a second reading on a motion made by Council to rezone to C1.
	Councilmember Dawkins offered motion to rezone from R5 Residential District to C1 Local Business District, seconded by Councilmember McBryde.
	Councilmember Ross offered a substitute motion to rezone to P2, seconded by Councilmember Evans.
	The City Attorney stated that since this a second reading, Council must vote on that first.  Mayor disallowed the substitute motion and called for a vote on the motion to C1.  The motion failed 4 to 5 with Councilmembers Johnson, McBryde, Kendrick, and Dawkins for the motion and Councilmembers Jones, Torrey, Evans, Pillow, and Ross against.
	Mr. Cogswell then referred to page 192 of the City Council minutes of October 6, 1986, showing this second reading is on  a substitute motion. 
Therefore, it reverts back to the main motion to rezone to P2.  He further stated that this will require only a simple majority.
	Mayor Hurley called for a vote on the motion from the October 6, 1986 meeting made by Councilmember Evans, seconded by Councilmember Pillow, to rezone from R5 Residential District to P2 Professional District.  Motion carried 8 to 1 with Councilmember Johnson voting no.
4.	Report from Ballpark Study Committee:
	Mr. Smith presented this item and stated that the Ballpark Study Committee had looked at eight sites and they chose Pope Park as a first choice location for the ballpark.  City-owned property in the downtown area near the Prince Charles Hotel is recommended as a second choice.  After the Board of County Commissioners and City Council officially designate a location for the ballpark the Study Committee will develop specific costs and prepare recommendations one methods of financing and management.
	Following lengthy discussion, Councilmember McBryde offered motion to have the Committee look into the top two sites and bring back information on each site, seconded by Councilmember Pillow.
	Councilmember Johnson offered substitute motion to look into four sites, seconded by Councilmember Torrey.
	Mr. Koonce was recognized and responded to Council's discussion concerning having a stadium downtown and as a business venture by using it for other sports events.  He stated that it depends on the City's desires.  It could be designed as a multi-purpose facility, if that's what the City wants.  And with the rapid growth of the City, Pope Park might be considered downtown in 10 years, he stated.
	Councilmember Evans was concerned with obligating funds before the Bond Referendum passed.
	Following further discussion, Mayor Hurley called for a vote on the substitute motion and the motion failed 2 to 7 with Councilmembers Johnson and Torrey voting for and Councilmembers Dawkins, McBryde, Evans, Pillow, Ross, Kendrick, and Jones against.
	Mayor Hurley returned to the main motion to have the Committee return a complete analysis on both sites.  The motion carried 7 to 2 with Councilmembers Dawkins, McBryde, Evans, Pillow, Ross, Kendrick, and Jones voting for and Councilmembers Johnson and Torrey voting against.
	At this time, Councilmember Dawkins asked County Commissioner McAllister if the Commission had taken any action concerning the stadium.  Mrs. McAllister responded that they had voted to approve the Pope Park site as the best one contingent upon Council's action tonight.  She further stated that they were waiting for a financial report on the site from the County Manager.
	Mayor Hurley then asked Mr. Koonce to make the same presentation tonight as he did to the County Commissioners.
	Mr. Koonce stated that he represented a group of businessmen that are interested in leasing the former Massey Hill Athletic Field as an alternate site for the purpose of bringing a Class A minor league professional baseball team. The lease would be for 10 years, $150,000.00 total to be paid in advance for the City to make improvements.  Also, the City and County would submit $25,000.00 each for other needs.  Mr. Koonce stated that the offer is contingent upon acquiring a suitable team franchise and this would be held until the 1988 season in use they cannot make arrangements by spring of 1987.
	Mayor Hurley then recognized Mr. Tom Illucci who stated he has been keeping in touch with the president of the Carolina League, Mr. John Hopkins, and a stadium is the issue.  Facilities in Fayetteville do not have to be ready by spring and no advance money needs to be made because they can use the Kinston Facility since that franchise is moving.  Carolina League is very interested in coming to Fayetteville, he stated.  They are a Class A team but there are other classes also interested in coming to Fayetteville.
	Mr. Koonce read a letter he received from Mr. John Hopkins, Carolina League, stating that he could offer no encouragement for a player-development contract but would still consider expansion with independent clubs.  Mr. Koonce stated that he broke off connections with his team because when there is no PDC, you get players that no one else wants.
	Councilmember Evans offered motion to take no action until the November 10 special meeting, seconded by Councilmember Kendrick.  The motion carried 6 to 3 with Councilmembers Dawkins, McBryde, and Torrey voting no.
	At this time, Mr. Smith recommended that since no one was present for Items 5, 7, or 8, they be continued until the next meeting due to the lateness of the hour.
6.	Consideration of a traffic improvement project at the intersection of Hay Street/Oakridge Avenue/Highland Avenue.
	Mayor Hurley recognized Walter Moorman, Jr., Moorman and Kizer Inc., 115 Broadfoot Avenue, who had submitted a written request to appear before Council on this matter.  Mr. Moorman stated they would like to be a part of this study or participate in the design and not as a footnote afterwards.
	Councilmember Evans offered motion to authorize engineer to study for improving at Hay Street/Oakridge Avenue/Highland Avenue,  seconded by Councilmember Kendrick and carried unanimously.
     Items 7 and 8 postponed.
9.	Appointments:
A.	Nominations to fill one vacancy on Historic Resources Commission.
	There were no nominations.
B.	Election to fill one vacancy on the Airport Commission.
	Councilmember Kendrick offered motion to close nominations, seconded by Councilmember Ross and carried unanimously.
	Councilmember Dawkins asked for verification concerning a run-off if there was not a majority vote and this was confirmed by the City Attorney.
	Mayor Hurley asked for a show-of-hands vote for each of the four nominees who were Wayne Williams, Beth Finch, Chip Parks, and Ben Watson.  The show of hands resulted in a three-way tie for Mr. Watson, Mr. Williams, and Mrs. Finch. Another vote by a show of hands resulted in two votes for Mr. Watson, three votes for Mr. Williams, and four votes for Mrs. Finch.  Therefore, another vote for the top two was taken resulting in four votes for Mr. Williams  and five votes for Mrs. Finch.  Mrs. Beth Finch was elected to fill the unexpired term of Mr. J. Bernard Stein to June 1987.
10.	Administrative Reports:
A.	Statement of taxes collected for the month of September 1986 from the Cumberland County Tax Collector.
	Mr. Smith submitted the statement of taxes collected for the month of September 1986.
B.	Report on Temporary Fire Station.
	Mr. Smith stated that Chief Johnson recommended nothing be done on the temporary station since the Bond Referendum is only two weeks away.  Perhaps then something permanent can be done.
	Following discussion  Councilmember Kendrick offered motion to postpone the temporary fire station until after the Bond Referendum, seconded by Councilmember Pillow and carried unanimously.
C.	USO Building
	Mr. Smith recommended that no election be taken tonight.  He is contacting other agencies that might be interested in the building.
	At this time, Mr. Cogswell notified Council that they would come under Chapter 3 that Council could act on.  This is different from the one that was heard earlier tonight.
11.	Matters of Interest to Council:
	Councilmember Kendrick stated that the “Say No To Drugs” program the Mayor and Council is working on met at Mazarick Park with over 300 children saying “Say No To Drugs.”  He feels it is important to sponsor a program such as this and thinks they have done a good job.
	Councilmember Evans reminded Council that the Arms Around Fayetteville will be Sunday and it would be wonderful if they could all participate in this.  She feels that Council should get information on any project as soon as it becomes available.
	Mayor Hurley suggested that Council have a planning session on the fourth Monday rather than an information meeting.
	Councilmember Dawkins stated he felt they should discuss more than just the stadium item on the meeting on the 10th of the month.
	Councilmember Ross stated she doesn't feel Fayetteville is ready for equal rights because a black person was not elected to serve on the Airport Commission.
	Councilmember Jones questioned if there was an ordinance to prohibit children from playing in the streets.  The response was that there is none.
	Councilmember McBryde offered motion to go into executive session at 10:55 p.m., seconded by Councilmember Kendrick and carried unanimously.
	Council reconvened into regular session at 10:57 p.m. and there being no further business, the meeting was adjourned.
REGULAR MEETING
MONDAY, NOVEMBER 3, 1986
	FAYETTEVILLE CITY COUNCIL
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, NOVEMBER 3, 1986
PRESENT:	Mayor Bill Hurley
		Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Samuel Johnson, Mark Kendrick and Thelbert Torrey.
OTHERS PRESENT:	John P. Smith, City Manager
				Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and welcomed everyone to the first meeting in November.  The Invocation was given by Father Alexander Nakiereru, St. Ann's Catholic Church, followed with the Pledge of Allegiance of the Flag led by Mayor Hurley.
	The Mayor administered the Oath to Thomas Bolton for the appointment to the Fayetteville Metropolitan Housing Authority.
	John Smith requested a correction to Item IF.  Change to authorize advertisement from approval of assignment.
	Councilmember Pillow offered motion to approve Consent Items 1A through I with the amendment on F, seconded by Councilmember Dawkins.  Councilmember Torrey requested that Item G and H be pulled for discussion.  On Item H, Mr. Torrey wondered why the lease for the Airport is only one dollar when we need revenue as much as we do.
	Tom Ray, Airport Manager, responded that the Civil Air Patrol is mainly volunteer and the City gains much from this agency.  There will be no cost to the City.
	Item H, Mr. Torrey asked if the funds left over in the budget this purchase could be transferred for the use of the ball team.
	Mr. Smith responded that other purchases will need to be made for Data Processing at a later date.  He stated that it is best not to transfer funds at this time.
	Mayor Hurley called for a vote on the approval of the consent items and it carried unanimously.  They are as follows:
1.	Consent:
A.	Approval of a request for a refund of City taxes to Moses and Alberta Best in the amount of $58.64.
B.	Approval of a request for a refund of City taxes to Malcolm E. Holmes, Jr., in the amount of $3.95.
C.	Approval of a request for a refund of City taxes to Addie B. McMillan in the amount of $44.20.
D.	Approval of a request for a refund of City taxes to Gary Thompson in the amount of $129.22.
E.	Authorize advertisement of Lease Agreement between City of Fayetteville and D & G Air Service to lease land located in the fuel farm area.
F.	Authorize advertisement of Assignment of Lease from Frederick M. Powell (Powell Avionics) to United Carolina Bank.
G.	Authorize advertisement of Land/Lease Agreement between the City of Fayetteville and Fayetteville Composite Squadron, North Carolina Wing, Civil Air Patrol.
H.	Award of contract for purchase of computer equipment to Wang Laboratories, the lowest responsible bidder.
I.	Approval of the Tenant Displacement Policy and the Affirmative Marketing Policy for the Rental Rehabilitation Program.
2.	Public Hearings
A.	Consideration of a Number of Certificates of Public Convenience and Necessity to be issued in the City of Fayetteville for the period beginning January 1 and ending on the following December 31.
	Mr. Cogswell presented this item and stated that the number of Certificates of Public Convenience are set yearly and the recommendation of the Taxi Inspector is to remain at 110.
	There was no one present for or against this item.
	Councilmember McBryde expressed a concern that there might be too many taxis in operation in the City.  He stated that perhaps they would earn more if there were fewer.  Also the quality of the drivers might improve.
	Mr. Cogswell stated that we cannot reduce the number without putting someone out of business.  However, we could eliminate a Certificate of Public Convenience should a vacancy of a franchise occur, such as a death of an owner.
	The Mayor's concern was that the quality of cab remain clean and safe and this seems to have been improved.
	Councilmember Evans offered motion to approve the 110 Public Convenience Certificates, seconded by Councilmember Kendrick and carried unanimously.
3.	Consideration of award of contract for purchase of fire pumper to Quality Manufacturing Company, the lowest responsible bidder meeting specifications.
	Mr. Smith stated that staff members from the Fire Department,  the Purchasing Division, and himself have reviewed the above bids in regards to the needs and requirements of the City of Fayetteville.  Pierce Manufacturing, Inc., was the low bid but did not meet specifications in several areas.  C. W. Williams and Company, Inc., was the next low bid but could not supply the required performance bond and did not meet specifications in three other areas. Grumman Emergency Products, Inc., was the next low bid.  They also did not meet specifications in several areas and cannot be recommended due to past poor performance on delivery time and specifications on a pumper purchase last year. Mr. Smith further stated that Quality Manufacturing, Inc. meets or exceeded all of the specifications required, and can provide a 100 percent performance bond. It is the recommendation of this Committee that the bid submitted by Quality Manufacturing, Inc., in the amount of $128,338 be accepted.
	Councilmember Johnson stated he does not feel that the difference in the price is worth the warranty.   He stated that the company could go out of business and not be able to honor the warranty.
	Councilmember Kendrick stated that he  had received a message from an employee of the Fire Department informing him that Quality Manufacturing had run into financial difficulty and had filed bankruptcy and/or they had some problems with the equipment or machinery.  The employee had warned him to check into the past credit records of Quality Manufacturing Company.
	Councilmember Kendrick offered substitute motion to check out the background and financial records of Quality Manufacturing Company to make sure it is a stable company before $128,338 is approved and we take final action, seconded by Councilmember Ross.
	Mr. Cogswell stated a performance bond just guarantees that we will get from them what we contract to buy.  Once we accept and pay them, we are into warranty.  He stated that we could do what we could to find out about the company, however, there is a 30-day acceptance bond and it expires Friday of this week.  Then they may not want to go with that price.
	Mr. Smith was concerned that a Fire Department employee has not said something prior to now where this bid has been under review for a number of weeks.  Quality could provide a 100 percent performance bond and one of the companies could not.
	Councilmember Evans suggested that they go with their original motion and have the City Manager do what he can to check before signing the contract.
	Councilmember Dawkins stated that when performance bonds are issued, they have been checked out thoroughly and the bonding companies look at financial statements, assets, etc.  He further stated that he would stick with a bonding company over an individual any time because they are extremely thorough with their checking.
	Mayor Hurley called for a vote on the substitute motion to delay this item. The motion carried 6 to 3 with Councilmembers Dawkins, Evans, and Pillow voting against.
	There was further discussion on this matter and Mr. Cogswell stated that if a bid that is accepted meets the specifications, you cannot add conditions to it after that in terms of the motion.
	Councilmember McBryde offered motion to award the contract to Quality Manufacturing Company, the lowest responsible bidder meeting specifications in the amount of $128,338, seconded by Councilmember Kendrick.  There was further discussion.
	Councilmember Evans called for the question and there was a two-thirds vote show of hands to cease debate.  The Mayor called for a vote on the motion to approve the contract and it carried unanimously.
4.	Consideration of a request from a citizen to purchase a tract of City-owned land in the Scotty Hills Homes subdivision.
	This item was presented by Mr. Bennett.  He stated that a  property owner/resident of 3531 Scottywood Drive wishes to buy a portion of City-owned Lot No. 28 for $200 instead of the $906 of City Appraiser's price.  Mr. Bennett recommended advertisement for a minimum of $900.
	Councilmember Evans offered motion to advertise for a minimum sale of $900, seconded by Councilmember Jones.
	Councilmember Jones stated that he wanted a stipulation that the owner will responsible for any drainage problems.   Councilmember Evans amended her motion to include this stipulation and the motion carried unanimously.
5.	Consideration of reassessment of paving assessment on Lot 11, Orange Street. Mr. Cogswell presented this item and recommended that the motion be stated as it reads in his memorandum to Council.
	Councilmember Dawkins offered motion to:  (1) amend Resolution 1986-49 by deleting the name Mrs. Elizabeth Bell Heirs, and substituting Mrs. Coan Bell Hansen; (2) delete from the Assessment Roll for Orange Street, Lot 11, the name and address of Mrs. Elizabeth Bell Heirs and substituting Mrs. Coan Bell Hansen 26 Manor Court, Redwood City, California 94062; and (3) add $51.31 to the total cost, seconded by Councilmember Jones and carried unanimously.
6.	Consideration of the following Capital Project Ordinance actions:
A.	Adoption of Capital Project Ordinance Amendment Change 87-1 to CAP-1.
B.	Adoption of CAP 87-883.
	This item was presented by Mr. Smith and he stated that one amendment transfers the left-over funds from the Transit Mall and the other creates new Capital Project Ordinance for Purchase of Transit items.  Eighty percent from UMTA, ten percent from NCDDT, and ten percent is local funds.
	Councilmember Evans offered motion to approve Items A and B as recommended, seconded by Councilmember Kendrick and carried unanimously.
7.	Consideration of approval of surplus property auction.
	Councilmember Jones questioned the method of obtaining the auctioneer.  Mr. Smith responded that RFP's were sent out on the first two auctions the City held. However, he recommends using the same one because of the success.  Mr. Jones stated that he felt everyone should be given a chance since this is public money, Councilmember Ross concurred.
	RESOLUTION AND NOTICE OF SALE OF SURPLUS PROPERTY.  RESOLUTION NO. R1986-155.
	Councilmember Pillow introduced the foregoing Resolution and moved its adoption to authorize the City Manager to contract with the auctioneer, seconded by Councilmember Evans.  Following further discussion, Mayor Hurley called for a vote on the motion and it was 7 to 2 with Councilmembers Ross and Jones voting no.
	The foregoing Resolution is on file in the City Clerk's office in Resolution Book R1986.
	At this time, Councilmember Dawkins asked Mr. Cogswell if Council should hear Item 8 regarding a variance instead of it going to the Board of Adjustment.  Mr. Cogswell responded that he had mentioned at the last meeting that Council would be getting a variance request under Chapter 3 that Council could act upon.
8.	Consideration of request for sign variance by Market Place Mall.
	Mr. Cogswell stated that Mr. Frank Simpson's memorandum recommends a slightly oversized sign in a relatively large parking lot as opposed to two signs side-by-side.
	Councilmember Evans offered motion to grant variance for Marketplace Mall, seconded by Councilmember Jones and carried unanimously.
9.	Consideration of amendment to contract with American Transit Corporation regarding Fidelity Bond.
	Mr. Smith stated that because of present market conditions within the insurance industry, ATC wasn't able to renew the stealthy bonding for appropriate employees without a $5,000 deductible clause.  He is recommending that they amend Section 16 of the management contract to reflect this change. Councilmember McBryde stated that if the ATC cannot fulfill its contract, then it should be cancelled.
	Councilmember Dawkins offered motion to amend the contract as recommended, seconded by Councilmember Evans and carried 8 to 1 with Councilmember McBryde voting no.
	At this time, Mr. Cogswell wanted to correct an earlier statement concerning the billboard not being able to advertise business.  A billboard can go on the property because of it being zoned M2.
10.	Consideration of procedure for the release of demolition liens.
	Councilmember McBryde offered motion, seconded by Councilmember Evans to approve the release of the demolition liens, carried unanimously.
11.	Appointments:
A.	Nominations to fill one vacancy on the Historic Resources Commission.
	Councilmember Evans nominated Mr. Dan MacMillan for the architectural category.
B.	Nominations to fill one vacancy on Human Services Commission.
	Councilmember Ross nominated Mrs. Christina Smith to fill the unexpired term of Betty Joe Goodenough.
	Councilmember Jones brought to Council's attention that this would be the only appointment for any Board from Mrs. Ross district.
	Councilmember Dawkins stated that Mrs. Betty Joe Goodenough had worked very hard at the Salvation Army.
	Councilmember Jones requested that a letter of appreciation for her fine performance be sent from the City.
12.	Administrative Reports:
A.	Report on Rosehill Road Park property.
	Mr. Smith stated that the County has invested a total of $33,171 in the Rosehill Road property.  Sale of this property is contingent upon compliance with Land and Water Conservation Fund Rules and Regulations.  He stated that Jack Wilson is reviewing this matter at this time.  This property can only be used for a park and we are going to try and get something on there this Spring, he stated.  Mr. Smith stated that it is his understanding the plan has to be presented to the State before anything can be done to the property.
B.	USO Property
	The City does not currently have the budget or the staff to operate programs in the building.  If the City can transfer that  responsibility to another agency through a contract or sublease, he would recommend approaching the Army on the land alone excluding the building.
	Mr. Walter Moorman, Jr., was recognized and requested that Council be careful to keep control of the land along the creek for the Linear Park.
	Councilmember Torrey stated that he is concerned over the “latchkey kids” in our City and suggested that maybe a private contribution could be obtained and use the building for this purpose.
	Council all had the same concern about being responsible if it were sublet to someone who could not fulfill their obligation.
	No action was taken on this matter.
C.	Report on Industrial Park property for PWC.
	Mr. Smith reviewed for the newest members of Council, that the City is in the process of developing property in the Industrial Park.  He reported to Council that PWC is interested in acquiring by transfer purchase of a sizeable tract of this Industrial Park property, approximately 32 acres.  They are asking for a back section of the property and not the prime property on the front.  He stated that PWC will be acquiring property somewhere and it would be putting property back on  the tax books, so this land transaction would benefit the City as well as PWC.  Mr. Smith recommended that Council enter into this agreement and put the funds back into the development of this property for sale to industry.  This will he brought up at a future meeting for Council's action.
13.	Matters of Interest to Council:
	Councilmember Johnson had several questions:
	(1)	Would it be worth competing with Hope Mills on annexing property North of the City?
	(2)	Raleigh is going to try for smaller signs aid shouldn't we go to smaller signs instead of getting bigger and bigger?  Mayor Hurley responded that the Sign Committee is working on changes now and should be making a presentation around the first of the year.
	(3)	Shouldn't the City purchase the old Dickinson Buick lot to be used for parking?
	(4)	Mr. Johnson requests a monthly statement to Council of money on hand and what is spent.  Also, he wants a monthly statement of taxes collected by the County Tax Department.  Mr. McBryde responded that a monthly statement of taxes collected is in the agenda packet every month.  Mr. Johnson requested a balance sheet be sent monthly of the City funds.
	Councilmember Ross stated that she had been asked where she is coming from, so she wants to let everyone know where she is coming from.  She stated that when the Black Caucus asked her to file for Council, she decided to do it to help others.  Mrs. Ross then shared two spiritual experiences in which she felt God had used  her as an instrument because she is a Christian.  She further stated that her life was behind her and that God is using her as an instrument to help people by saying things that people won't say.
	Councilmember Pillow stated that he had been approached by citizens in the E. B. Smith School residential neighborhood and asked that the Engineering Department look at the stop signs there to see if they should be changed to yield signs instead.
	Councilmember Torrey thanked Ms. Ross for sharing her experiences with Council and that he feels they know what she is thinking about.
	Councilmember Dawkins concurred with Mr. Pillow because he is familiar with that situation. Mr. Dawkins also reminded Council of Monday's special meeting.
	Councilmember Kendrick recognized Mr. Jerry Meek, state YDC president, in the audience.  Mr. Kendrick notified Council of the death of Mr. Mack Geddie, a community leader.
	Mayor Hurley stated that Monday night's Special Meeting will be presided by Mayor Pro Tem Dawkins, since he will be out of town.  The Information Meeting on November 24 will be a workshop and the location was changed to the Sanitation Department on Grove Street.
	There being no further business, the meeting was adjourned at 8:55 p.m.
SPECIAL MEETING
MONDAY, NOVEMBER 10, 1986
	SPECIAL MEETING
	FAYETTEVILLE CITY COUNCIL
	CITY HALL COUNCIL CHAMBERS
	MONDAY, NOVEMBER 10, 1986
	7:00 P.M.
Present:	Mayor Pro Tem J. L. Dawkins
		Councilmembers Milo McBryde, Mildred Evans, Joseph Pillow, Jimmie Jones, Samuel Johnson, Mark Kendrick, Ida Ross, and Thelbert Torrey
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
Absent:	Mayor Bill Hurley (excused)
	Mayor Pro Tem Dawkins called the special meeting to order and Councilmember Ross offered the invocation.
1.	Council first considered the item of proposal for matching County funds for minor league baseball facility.
	Mayor Pro Tem stated that two people have requested to be heard at tonight's meeting.  He first recognized Mr. Thomas P. Iuliucci, who reviewed his presentation previously sent to Council.  Mr. Iuliucci stated that they would be selling shares of stock in the team to the public in order to raise money.  He also stated that they would use a stadium in Kinston, North Carolina, eliminating the need for a temporary stadium in Fayetteville.
	Mr. John Hopkins from Greensboro, President of the Carolina League ball team was recognized.  He stated that he was there to show their support as Carolina League, to Mr. Iuliucci and others as desirable, potential club owners in the Carolina League, to demonstrate confidence in Fayetteville/Cumberland County being a very desirable member community in their league, and to answer any questions that might be asked.
	Mr. Don Koonce was also recognized and reviewed his presentation previously submitted.
	Councilmember Ross offered motion to accept the proposal contingent on the following:  (1) Identification and acquisition of a suitable site, (2) the mutually acceptable lease agreement be worked out and City Manager be authorized to make the necessary financial arrangements for the City, seconded by Councilmember McBryde.
	Following questions and answers of Mr. Koonce by the Council, Councilmember Kendrick requested a clarification of the motion regarding the $25,000, also if this motion contained a binding contract.  Mr. Smith responded and Mr. Kendrick offered a friendly amendment to the motion that a financial statement and background on the partners in the franchise be made.  Mrs. Ross and Mr. McBryde agreed to the amendment to their motion and second.
	Councilmember Jones was concerned with where the money is coming from and feels that we are moving too fast before all the facts and legal work is done before we vote on this matter.  Mayor Pro Tem called for a vote and the motion carried 8 to 1, with Councilmember Jones voting no.
2.	Approval of second reading of number of Certificates of public Convenience and Necessity to be issued for the period beginning January 1, 1987, and ending December 31, 1987.
	Mr. Kendrick offered notion to accept the number of public Conveniences at 110 upon second reading, seconded by Councilmember Evans and carried 8 to 1, with Councilmember McBryde voting no.
3.	Consideration of a repeal of Chapter 8 (Auctions) of the Fayetteville City Code.
	AN ORDINANCE REPEALING SECTION 8-6 AND CREATING A NEW SECTION 21-3 OF THE FAYETTEVILLE CITY CODE.  ORDINANCE NO. 1986-15.
	Councilmember Evans offered motion to repeal Chapter 8 in its entirety and to adopt Section 26-19.1 as recommended by the City Attorney,  seconded by Councilmember Kendrick, and carried unanimously.
	A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1986.
4.	Consideration of amendment to the audit contract extending due dates to November 30, 1986.
	Councilmember McBryde offered motion to extend the due date to November 30, 1986, as recommended, seconded by Councilmember Kendrick, and carried unanimously.
5.	Discussion of Anderson Street parking lot.
	Councilmember Evans offered motion to authorize the City Manager to negotiate a lease for this parking lot with the Capitol Department Store, seconded by Councilmember Jones, and carried unanimously.
	Councilmember Ross offered motion for executive session for litigation at 7:57 p.m., seconded by Councilmember Jones, and carried unanimously.
	Council reconvened at 8:17 p.m. and there being no further business, the meeting was adjourned following a motion and a second.
REGULAR MEETING
MONDAY, NOVEMBER 17, 1986
	REGULAR MEETING
	FAYETTEVILLE CITY COUNCIL
	CITY HALL COUNCIL CHAMBER
	MONDAY, NOVEMBER 17, 1986
	7:00 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers J. L. Dawkins,  Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph  Pillow, Sam Johnson, Mark Kendrick, and Thelbert Torrey
OTHERS  PRESENT:
		John  P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager for Operations
		Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and introduced Reverend James L. Hall, Pastor of New Hope Baptist Church. Mayor Hurley asked that everyone remember the tragic loss of Fire Chief Ferrell Hood, West Area Fire Station, while trying to assist an accident victim. Also, another Fireman that was injured is in critical condition at the Burn Center.  He asked that we also remember the E. E. Smith athletic student that was killed while trying to assist the Firemen.  Following the invocation, the Mayor led the Pledge of Allegiance to the Flag.
Recognition:
	Mayor Hurley recognized the 1987 Miss Teen Fayetteville, Sonja Dale Broglin.
	Mayor Hurley then recognized Rosalie Huske Kelly. Because of her many efforts for the historic preservation of Fayetteville, she has brought attention to our City.  Ms. Kelly was presented the Ruth Coltrane Cannon Award by Historic Preservation Foundation of North Carolina. This award is given to one person each year for continuous, outstanding efforts in historic preservation. It is the State's most prestigious award for historic preservation.
	At this time, Councilmember Dawkins announced that on November 13, 1986, his grandson, Johnny Lee Dawkins IV, was born weighing 7 pounds 11 ounces.
	Councilmember Kendrick offered motion to approve the consent items, seconded by Councilmember McBryde and carried unanimously, 9 to 0.  They are as follows:
1.	Consent:
A.	Approval of acceptance of grant agreement between City of Fayetteville and Federal Aviation Administration for paving, marking, lighting air carrier apron, stub taxi-way and construct access road.
B.	Approval of the initial zoning to PND Planned Neighborhood District or to a more restrictive zoning classification for an area located on the west side of Raleigh Road (U.S. 401 North), North of London Road. (PB Case No. P86-147)
C.	Approval of the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located on the east side of Rosehill Road, South of Country Club Drive (U.S. 401 Bypass). (PB Case No. P86-146)
D.	Approval of the rezoning from P2 Professional District to C1 Local Business District or to a more restrictive zoning classification for an area located on the south side of Raeford Road, East of Robeson Street.  (PB Case No. P86-145)
2.	Public Hearings:
A.	Consideration of adoption of a resolution assessing a portion of the cost for drainage improvements in a portion of Country Club North, Section 3 - Thamesford Drive.
	This item was presented by Agnes Bundy, Engineering Department. She stated that in July, 1986, the Council adopted a resolution to construct drainage along the common lot line between Lots 83 and 84 in Country Club North.  The construction work in now complete and the proposed assessment is in accordance with the City policy of the property owners paying 50 percent of the construction cost. In this case, 25 percent is to be assessed to each side of the common property line.  Ms. Bundy stated that all property owners had been notified of the public hearing and the total assessment is $5,961.08.
	Councilmember Jones stated that he believes this was the item he had made a motion for the City to do the work free of charge and Council had compromised at a one-fourth cost to the property owners.  Mrs. Bundy responded that this is one-fourth of the cost since each property owner is paying 25 percent.
	RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. (COUNTRY CLUB NORTH, SECTION 3 - THAMESFORD DRIVE) RESOLUTION NO. - R1986-156.
	Councilmember Dawkins introduced the foregoing resolution and moved its adoption at 7:22 p.m., seconded by Councilmember Pillow and carried 8 to 1 with Councilmember Jones voting no.
B.	Consideration of Assessment Roll for the paving of Pond Street from Dick Street to Gillespie Street.
	Mrs. Bundy stated that all property owners have been notified of the public hearing and the Assessment Roll has been prepared in accordance with the City policy of assessing $4.00 per linear foot following completion of the paving. The cost to owners is $2,105.60 (7.44 percent) and the cost to the City is $26,179.65 (92.56 percent) for a total cost of $28,285.25.  There was no one for or against this item.
	RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (POND STREET) RESOLUTION NO. R1986-157.
	Councilmember Kendrick introduced the foregoing resolution and moved its adoption. seconded by Councilmember Pillow and carried unanimously, 9 to 0 at 7:22 p.m.
	At this time, Councilmember Dawkins asked that everyone be reminded that the cost for this paving is $50 - $60 per foot but the owner only pays $4.00 per foot.
C.	Consideration of Assessment Roll for the paving of “C” Street from Person Street to Adams Street.
	Mrs. Bundy stated that “C” Street from Person Street to Adams Street has recently been paved and an Assessment Roll has been prepared in accordance with the City policy of assessing $4.00 per linear foot. However, there is a correction to page 2 of the Assessment Roll. The property of Myrtle Helms Watson was sold on Friday to the “C” Street Church of God.  The cost to the owners is $2,974.36 (18.84 percent) cost to the City is $12,812.91 (81.16 percent) for a total cost of $15,787.27. All property owners have been notified of the public hearing.
	RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENT OF “C” STREET. RESOLUTION NO. R1986-158.
	Councilmember Jones offered motion to make the change on the Assessment Roll and introduce the foregoing resolution and moved its adoption, seconded by Councilmember Ross and carried unanimously, 9 to 0 at 7:24 p.m.
	A copy of the foregoing Resolutions is on file in the Clerk's Office in Resolutions Book R1986.
3.	Consideration of construction of a storm drainage system in the Green Subdivision.
	Mr. Smith stated that staff has been working on this and requests that Council postpone this matter to allow more time to negotiate with the shopping center.
	Councilmember Evans offered motion to delay this item until December meeting, seconded by Councilmember Jones and carried unanimously, 9 to 0.
	Councilmember Kendrick requested that the residents present on this matter tonight to please stand and there were approximately ten people to stand.
	Councilmember McBryde requested that this be a public hearing so that the residents can have input. Mrs. Evans amended the motion to delay this matter until December meeting and that it be a public hearing, Councilmember Jones amended his second and the motion carried unanimously, 9 to 0.
4.	Consideration of the following bond resolutions:
A.	Resolution certifying and declaring results of referendum on 1986 City of Fayetteville sidewalk projects bond issue and providing for publication thereof.
	Mayor Hurley declared that the Cumberland County Board of Elections certified to this City Council that the result of the Bond Referendum held on November 4, 1986, with respect to the proposed $1,085,000 General Obligation Capital Improvements Bonds (1986 City of Fayetteville Sidewalk Projects), was 7,312 votes “for” approval of the Bond Order and 6,772 votes “against” approval of the bond order and delivered a copy of the Certificate of Canvass to the City Council.
	RESOLUTION CERTIFYING AND DECLARING RESULTS OF REFERENDUM OF 1986 CITY OF FAYETTEVILLE SIDEWALK PROJECTS BOND ISSUE AND PROVIDING FOR PUBLICATION THEREOF. RESOLUTION NO. R1986-159.
	Councilmember Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Ross and carried unanimously, 9 to 0.
	The following bond order title is in included in the foregoing resolution:
	BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE SIDEWALK PROJECTS) OF THE CITY OF FAYETTEVILLE IN AN AGGREGATE PRINCIPLE AMOUNT OF $1,085,000 FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF SIDEWALKS AND STREET CROSSINGS, INCLUDING BUT NOT LIMITED TO PAVING, GRADING, RESURFACING AND WIDENING THE SIDEWALKS, CURBS AND GUTTERS, AND THE ACQUISITION OF LAND, EASEMENTS AND RIGHTS-OF-WAY THEREFOR IN THE CITY OF FAYETTEVILLE.
B.	Resolution certifying and declaring results of Referendum of 1986 City of Fayetteville Fire Station Project Bond Issue and providing for publication thereof.
	Mayor Hurley declared that the Cumberland County Board of Elections certified to this City Council that the result of the Bond Referendum held on November 4, 1986, with respect to the proposed $305,000 General Obligation Capital Improvement Bonds (1986 City of Fayetteville Fire Station Project), was 10,130 votes “for” approval of the Bond Order and 4,129 “against” approval of the Bond Order and delivered a copy of the Certificate of Canvass to the City Council.
	RESOLUTION CERTIFYING AND DECLARING RESULTS OF REFERENDUM OF 1986 CITY OF FAYETTEVILLE FIRE STATION PROJECT BOND ISSUE AND PROVIDING FOR PUBLICATION THEREOF. RESOLUTION NO. R1986-160.
	Councilmember Pillow then introduced the foregoing resolution and moved its adoption, seconded by Councilmember Jones and carried unanimously, 9 to 0.
	The following Bond Order title was included in the foregoing resolution:
	BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE FIRE STATION PROJECT), OF THE CITY OF FAYETTEVILLE IN AN AGGREGATE PRINCIPLE AMOUNT OF $305,000 FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF FACILITIES FOR FIREFIGHTING AND PREVENTION INCLUDING WITHOUT LIMITATION STATION BUILDINGS, HYDRANTS, ALARM SYSTEMS, COMMUNICATIONS SYSTEMS, AND RELATED PARKING SPACES AND THE ACQUISITION OF LAND, EASEMENTS, AND RIGHTS-OF-WAY THEREFOR IN THE CITY OF FAYETTEVILLE.
C.	Resolution certifying and declaring results of referendum on 1986 City of Fayetteville Storm Sewer Projects Bond Issue and providing for publication thereof.
	Mayor Hurley declared that the Cumberland County Board of Elections certified to this City Council that the result of the Bond Referendum held on November 4, 1986, with respect to the proposed the $5,000,000 General Obligation Capital Improvement Bonds (1986 City of Fayetteville Storm Sewer Projects), was 8,456 votes “for” approval of the Bond Order and 5,624 votes “against” approval of the Bond Order and delivered a copy of the Certificate of Canvass to the City Council.
	RESOLUTION CERTIFYING AND DECLARING RESULTS OF REFERENDUM ON 1986 CITY OF FAYETTEVILLE STORM SEWER PROJECTS BOND ISSUE AND IN PROVIDING FOR PUBLICATIONS THEREOF. RESOLUTION NO. R1986-161.
	Councilmember Torrey introduced the foregoing Resolution and moved its adoption, seconded by Councilmember Pillow and carried unanimously, 9 to 0.
	The following Bond Order title was included in the Resolution:
	BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE STORM SEWER PROJECT), OF THE CITY OF FAYETTEVILLE IN AN AGGREGATE PRINCIPLE AMOUNT OF $5,000,000 FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION AND CONSTRUCTION OF MODIFICATIONS, ADDITIONS, IMPROVEMENTS, AND EXTENSIONS TO STORM SEWER AND FLOOD CONTROL FACILITIES, INCLUDING WITHOUT LIMITATION LEVIES, DIKES, DIVERSIONARY CHANNELS, DRAINS, CATCH BASINS, AND OTHER FACILITIES, FOR STORM WATER DRAINAGE AND THE ACQUISITION OF LAND, EASEMENTS AND RIGHTS-OF-WAYS THEREFOR WITHIN AND WITHOUT THE CITY OF FAYETTEVILLE.
D.	Resolution certifying and declaring results of Referendum on 1986 City of Fayetteville Street Projects Bond Issue and providing for publication thereof.
	Mayor Hurley declared that the Cumberland County Board of Elections certified to this City Council that the result of the Bond Referendum held on November 4, 1986, with respect to the proposed $10,660,000 General Obligation Capital Improvement Bonds (1986 City of Fayetteville Street Projects) was 9,106 votes “for” approval of the Bond Order and 5,342 votes “against” approval of the Bond Order and delivered a copy of the Certificate of Canvass to the City Council.
	RESOLUTION CERTIFYING AND DECLARING RESULTS OF REFERENDUM ON 1986 CITY OF FAYETTEVILLE STREET PROJECTS BOND ISSUE AND PROVIDING FOR PUBLICATION THEREOF. RESOLUTION NO. R1986-162.
	Councilmember Dawkins introduced the foregoing Resolution and moved its adoption, seconded by Councilmember McBryde and carried unanimously, 9 to 0.
	The following Bond Order title was included in the foregoing Resolution.
	BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (CITY OF FAYETTEVILLE STREET PROJECTS) OF THE CITY OF FAYETTEVILLE IN AN AGGREGATE PRINCIPLE AMOUNT OF $10,660 FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION, CONSTRUCTION AND IMPROVEMENTS TO STREETS AND CROSSINGS, INCLUDING BUT NOT LIMITED TO PAVING, GRADING, RESURFACING AND WIDENING STREETS, CURBS AND GUTTERS, CULVERTS AND DRAINS, TRAFFIC CONTROLS, SIGNALS AND MARKERS, LIGHTING, AN)) THE ACQUISITION OF LAND, EASEMENTS AND RIGHTS-OF-WAYS THEREFOR, IN THE CITY OF FAYETTEVILLE.
	A copy of the foregoing Resolutions is on file in the Clerk's Office in Resolutions Book R1986.
5.	Consideration of award of contracts for a building addition of the Computerized Signal System Central Control Facility.
	This item was presented by Louis Chalmers, Engineering Department. He referred to the bid tabulation that was in the Council's packet and recommended the low bidders as follows:
	Electrical contractor - King Electric of Fayetteville, Inc., in the amount of $17,750; mechanical contractor - Tem-per-ture Control of Lumberton, Inc., in the amount of $8,717; plumbing contractor - Goins Plumbing Company in the amount of $3,939; and general contractor - F. R. Bray Construction Company in the amount of $103,940 for a total of low bids $134,346.
	Following discussion, Councilmember Evans offered motion to award contracts to the low bidders, seconded by Councilmember Kendrick and carried unanimously, 9 to 0.
6.	Consideration of revisions of traffic ordinance changing two Stops to Yields in the vicinity of E.E. Smith High School.
	Mr. Chalmers presented this item and stated that this matter was a result of a request by Councilmember Pillow at a recent meeting. They have reviewed these two locations and find that they meet the conditions for Yield rater than Stop.  Mr. Chalmers stated that staff recommends approval of the ordinances.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 6 - STOP INTERSECTIONS, ALBANY STREET) ORDINANCE NO. NS1986-23.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 14 - YIELD RIGHT-OF-WAY, BROADWELL STREET AND EDGECOMB AVENUE) ORDINANCE NO. NS1986-24.
	Councilmember Pillow introduced the Foregoing Ordinances and moved their adoption, seconded by Councilmember Dawkins and carried unanimously, 9 to 0.
	A copy of the Foregoing Ordinances is on file in the Clerk's Office in Ordinance Book NS1986.
7.	Consideration of extending the school zone on Jasper Street at Fuller School.
	Mr. Chalmers stated that this item was also requested by Councilmember Pillow at the last meeting. He stated they have reviewed the existing posting of school speed zones in the area of these three schools along Seabrook, Jasper, and Topeka, and are suggesting the revision to expand the school zones and to establish the 25 mile per hour speed in the vicinity of these three schools.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL) ORDINANCE NO. NS1986-25.
	Councilmember Pillow introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Jones and carried unanimously, 9 to 0.
	A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1986.
	Councilmember Dawkins asked for clarification on the Schedule within the Ordinance.  It reads, “25 MPH school zone - 30 minutes prior to beginning school and 30 minutes after closing school - school days.”  Mr. Chalmers responded that this was incorrectly worded, therefore he would have a correction to read, “25 miles per hour school zone - 30 minutes before to 30 minutes after school begins and ends (on school days only).”
8.	Consideration of sale of surplus City/County-owned property located on Mechanic Street.
	Mr. Cogswell stated that we have received an offer to purchase this property that had been foreclosed on, by the daughter of the deceased, listed owner. The offer to purchase is the sum of $1,985.93 which covers the City and County taxes, paving assessments, and court costs.  Mr. Cogswell recommends that an advertisement be authorized for the sale of this property for upset bids.
	Councilmember Evans offered motion, seconded by Councilmember Kendrick and carried unanimously, 9 to 0 to authorize advertisement as recommended by the City Attorney.
9.	Consideration of ordinance requiring demolition of property located at 1415 Murchison Road.
	Walter Haire presented this item and stated that this structure has been damaged by an accident and has become a serious health hazard.
	Dr. G. Wesley Allen, property owner, was recognized and stated that this is part of the Thoroughfare Plan which includes extension of Langdon Street necessitating the City purchasing this property from him. Dr. Allen stated that he wants to restore the building for use, but has delayed any construction waiting to hear from the City.
	Following lengthy discussion, Councilmember Evans offered motion that the owner construct a safety wall by the end of the week of November 17, 1986, obtain a building permit within one week, and renovation be done within three weeks, seconded by Councilmember Ross and carried unanimously, 9 to 0.
	Mr. Smith stated he would report to Council at the Information Meeting in three weeks and this ordinance can be placed on the next agenda if Dr. Allen has not complied with the motion.
10.	Consideration of Ordinance requiring demolition of property located at 419 Murchison Road.
	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 (419 MURCHISON ROAD) ORDINANCE NO. NS1986-26.
	Councilmember Pillow introduced the foregoing Ordinance and moved its adoption, seconded by Councilmember Torrey and carried unanimously, 9 to 0.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1986.
	Mr. Smith requested that an item be discussed that had been inadvertently left off the agenda for tonight's meeting.  The Mayor stated that this would be Item 3a.
3a.	PWC proposed purchase in the southeast Fayetteville Industrial Park.
	Mr. Tim Wood, PWC, was recognized.  He made a presentation of a study by the Fayetteville State University concerning the consolidation of their storage of materials.  Following a detailed presentation, Mr. Wood requested authorization to purchase the property and PWC would in turn sell the property they vacate. This will put property back on the tax books.
	Councilmember Evans offered motion, seconded by Councilmember Torrey to authorize the City Manager to negotiate the sale of the property as recommended, carried unanimously, 9 to 0.
11.	Consideration of rate For purchase of City Code and annual subscription fee.
	Councilmember Dawkins offered motion, seconded by Councilmember Evans and carried unanimously, 9 to 0 to charge an initial fee of $100 for the Fayetteville City Code Book with annual fee of $25 for supplements to begin with $12.50 charge for the period of January 1, 1987 through the end of June, 1987.
12.	Consideration of Resolution authorizing City Manager to execute Affidavit of Notice of Limitation of Use of Maiden Lane Park.
	Mr. Smith presented this item and stated that in order to close out this grant and receive the grant funds, Council must authorize the City Manager to execute an Affidavit of Notice of Limitation of Use and record it in the Land Records of the Cumberland County Register of Deeds.
	There was brief discussion.
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AFFIDAVIT OF NOTICE OF LIMITATION OF USE.  RESOLUTION NO. R1986-163.
	Councilmember Kendrick introduced the foregoing Resolution and moved its adoption, seconded by Councilmember Pillow and carried unanimously, 9 to 0.
	A copy of the foregoing Resolution is on file in the City Clerk's Office in Resolutions Book R1986.
13.	Consideration of the following budget items:
	A.	Budget Ordinance Change 87-6.
	B.	Budget Ordinance Change 87-7.
	C.	CAP Ordinance Amendment Change 87-5 to CAP-85-8763.
	D.	CAP Ordinance Amendment Change 87-6 to CP 84-14.
	Councilmember Evans offered motion to adopt Items A, B, C, and D as recommended, seconded by Councilmember Pillow and carried unanimously, 9 to 0. 
E.	Resolution regarding designation of Deputy Finance Director.
	Mr. Smith stated that the General Statutes require purchase orders and contract encumbrance documents to be signed by the Finance Director or a Deputy Finance Director designated by City Council.  By adopting the attached Resolution, City Council would designate the Purchasing Agent and Assistant Purchasing Agent as Deputy Finance Directors authorized to sign only purchase orders and contract encumbrance documents generated by the computer after determining funds are available. This eliminates the time required to forward the purchase order to the Finance Director for signature.
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE DESIGNATING PURCHASING AGENT AND ASSISTANT PURCHASING AGENT AS DEPUTY FINANCE DIRECTORS. RESOLUTION NO. R1986-164.
	Councilmember Dawkins introduced the foregoing Resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously, 9 to 0.
	A copy of the foregoing Resolution in on file in the City Clerk's Office in Resolutions Book R1986.
14.	Consideration of cancellation of December 1, 1986, Regular Council Meeting.
	Mr. Smith stated the December 1, 1986, Council meeting comes during the National League of Cities Conference. Five of the Councilmembers are scheduled to attend this meeting, therefore, he recommends that the December 1, Regular Meeting be cancelled.
	Councilmember Evans requested to be excused from the November 24, Information Meeting due to being out of town.
	Councilmember Jones offered motion to cancel the December 1, Regular Meeting, seconded by Councilmember Ross and carried unanimously, 9 to 0.
15.	Appointments:
A.	Election of nominee to Human Services Commission.
	Councilmember Kendrick offered motion to close nominations and elect by acclamation Ms. Christina Smith, seconded by Councilmember Ross and carried unanimously, 9 to 0.
B.	Nominations to fill three vacancies on Appearance Commission.
	Councilmember Pillow nominated Ms. Louise S. Morgan, member at-large; Councilmember Jones nominated Sandy Simpler, member at-large; Councilmember Dawkins nominated Wanda Foster, member at-large; Councilmember Torrey nominated Freddie McAllister, member at-large.
	There were no nominations for the category of Engineer.
C.	Nomination to fill one vacancy on Personnel Review Board.
	Councilmember Dawkins nominated Robert Cellner.
D.	Nomination to fill one vacancy on Redevelopment Commission.
	Councilmember Torrey nominated Mr. J. T. Gibson.
	It was brought to the Mayor's attention that the Historic Resources item was omitted from the agenda. This will be Item 15-E.
E.	Election of nominee to Historic Resources Commission.
	Councilmember McBryde offered motion to elect by acclamation Mr. Dan McMillian as Architect on the Historic Resources Commission, seconded by Councilmember Pillow and carried unanimously, 9 to 0.
16.	Administrative Reports:
A.	Statement of taxes collected for the month of October, 1986, from the Cumberland County Tax Collector.
	Mr. Smith submitted this report for the records.
B.	Report on closing of Village Drive at Robeson Street.
	Mr. Smith stated that he was notified by the Railroad Company this closing would be delayed until December 1, and it would be closed approximately one week.
	Following some discussion about this being a great handicap to the shoppers for the Christmas season, Councilmember Johnson offered motion to ask the Railroad Company to postpone until after Christmas holiday shopping season, seconded by Councilmember Jones.
	Councilmember Evans offered substitute motion to ask the State if it would be possible to please put this off to January 1, if not, then this will have to be done in December.
	There was further discussion and Mayor Hurley asked for a vote of those who favor the concept of the motion and it was unanimously.
C.	Other.
	Mr. Smith stated that Councilmembers Dawkins, Kendrick, and Jones had watched the Satellite Teleconference with several other interested parties concerning the attempted take-over of the Goodyear Tire and Rubber Company, which is the parent company of Kelly Springfield. He was asked to prepare a Resolution, which he has done. A letter was sent with this information to Congressman Charlie Rose, Senator Jesse Helms, and Senator-elect Terry Sanford.
		RESOLUTION (KELLY SPRINGFIELD). RESOLUTION NO. R1986-165.
	Councilmember Dawkins offered motion to adopt the foregoing Resolution, seconded by Councilmember Ross and carried unanimously, 9 to 0.
	A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1986.
	Councilmember Kendrick stated that he feels we have another problem to deal with. He stated that Merrill-Lynch is supporting and backing financially the take-over. No one seems to be coming against Merrill-Lynch. He went on to say that he does not feel we should back people that are tying to take over other companies in America.
	Mr. Smith reminded Council that the funeral for Fire Chief Hood will be Wednesday, at 3:30 p.m. at Rogers and Breece Funeral Home. Councilmember Jones stated that the young athlete from E. E. Smith High School, Robert Tew's funeral would be tomorrow at 2:00 p.m. Councilmember Dawkins stated that he believed that the young man had just received, this past weekend, a scholarship to play ball at the University of North Carolina.
17.	Matters of Interest to Council:
	Councilmember Jonhson requested a Task Force for ditches and drainage problems be formed. He stated they really need to come up with some solution to these problems.
	Councilmember McBryde stated they needed to set a Policy Committee meeting concerning the rules of procedures for Council meetings. The Committee agreed on December 17, 1986, at 7:00 p.m., in the Kyle House Conference Room. He requested to be notified of any other agenda items to be placed before this Committee.
	Councilmember Ross requested a copy of the Sidewalk Policy.
	Councilmember Jones stated that there were still no sidewalks at the Lucile Souders School (off Ramsey Street).
	Councilmember Ross stated that concerning the 600 Block of North Street, the weeds need cutting in that area again. Also, she was concerned about the accident that happened recently at the Saint Ann's School. She feels that we should contact the State to see about having a school caution light installed at that location, due to the children playing next to the street, even though it is a fenced-in area. Mrs. Ross further stated that she would like for the news media to put in the record that there was no set-up at the last meeting of the motion she made for the stadium. She did this on her own without consulting anyone else.
	Councilmember Johnson requested that the Stadium Committee check on the old fairground, just off Gillespie Street, as a possible site for the stadium.
	Mayor Hurley requested that Council bring items to the Information Meeting that Council would like to see implemented in the next year. He thanked the Police Officer for being in attendance at the meeting.
	There being no further business, the meeting was adjourned at 9:25 p.m.
INFORMATION MEETING
MONDAY, NOVEMBER 24, 1986
	INFORMATION MEETING
	SANITATION/FLEET MAINTENANCE CONFERENCE ROOM
	MONDAY, NOVEMBER 24, 1986
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Thelbert Torrey, Mark Kendrick, Jimmie Jones, Milo McBryde, J.L. Dawkins, Joseph Pillow, Samuel Johnson, Ida Ross
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
Absent:	Councilmember Mildred Evans (excused)
	Mayor Bill Hurley called the Information Meeting to order and Councilmember Johnson offered the Invocation. The Council first considered items recommended by the City Attorney as follows:
A.	Assignment of Powell Avionics Lease to United Carolina Bank.
B.	Lease to D & G Air Service, Limited.
C.	Lease to Fayetteville Composite Squadron, North Carolina Wing, Civil Air Patrol, Inc.
D.	Approval of Consent Judgment in State Highway Condemnation.
	Upon motion by Councilmember McBryde, seconded by Councilmember Pillow, the Council voted unanimously to follow the City Attorney's recommendation.
	The City Manager then presented a proposed agreement with the Capitol Department Store for cease of the Anderson Street parking lot. This lease would be for a three-month period. If both the City and the Capitol were satisfied with the operation of the parking lot after three months, a lease for a longer period of time would be brought back for Council consideration. Upon motion by Councilmember Jones, seconded by Councilmember Ross, the Council voted unanimously to authorize the City Manager to negotiate the three-month lease.
	The City Manager presented a request by the Salvation Army for temporary use of the Anderson Street Library Building. Upon motion by Councilmember Kendrick, seconded by Councilmember Jones, the Council voted unanimously to approve the request.
	The City Council then considered an ordinance requiring demolition of property located at 1415 Murchison Road. Mr. Walter Haire of the Inspections Department stated that the owner had constructed a safety wall as required but had not obtained a building permit. Upon motion by Councilmember Ross, seconded by Councilmember Hendrick, the Council voted unanimously to place this item on the agenda for their December 15 meeting.
	The Council then began a discussion of their goals and objectives for fiscal Year 87-88.
	Upon completion of the goal-setting session, the meeting was adjourned.
REGULAR MEETING
MONDAY, DECEMBER 15, 1986
	FAYETTEVILLE CITY COUNCIL
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, DECEMBER 15, 1986
	7:00 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Samuel Johnson, Mark Kendrick, and Thelbert Torrey
OTHERS PRESENT:	John P. Smith, City Manager
				Roger L. Stancil, Assistant City Manager
				Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and the Invocation was given by Thomas Holtsclaw, Senior Pastor, Camp Ground United Methodist Church, followed with the Pledge of Allegiance to the Flag led by Mayor Hurley.
	Mayor Hurley recognized the Youth Council members present who were Elaine Gaskins and Jonathan Perez.
	Councilmember Kendrick offered motion to approve consent items 1A through M, seconded by Councilmember Ross and carried unanimously. The consent items are listed as follows:
1.	Consent:
A.	Approval of minutes of regular meeting of October 27, 1986.
B.	Approval of minutes of regular meeting of November 3, 1986.
C.	Approval of minutes of regular meeting of November 17, 1986.
D.	Approval of minutes of regular meeting of November 24, 1986.
E.	Adoption of Resolution authorizing sale of surplus City-owned property located at lot 5, Brower Hills Subdivision, south side of Brower Trail.
	A RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1986-166.
F.	Adoption of Resolution authorizing sale of surplus City-owned property located at Lot 9, Brower Hills Subdivision, north side of Brower Trail.
	A RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY.  RESOLUTION NO. R1986-367.
G.	Adoption of Resolution declaring the following tracts of land as surplus property:
	1.	Tract north side of Blount Street between Williams and Winslow Streets.
		A RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1986-168.
	2.	Tract on the southeast corner of Shaw Road and CSX Railroad.
		A RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1986-169.
H.	Approval of sale of property at 614 Mechanic Street to Mr. and Mrs. Richard H.J. Jones for the sum of $1,985.93.
I.	Set Public Hearing for January 5, 1987, to consider Vanstory Street Conservation Area Plan.
J.	Approval of acceptance of Airport Grant, Project No. 9.9344106 (Airport Master Plan).
K.	Approval of Budget Ordinance Amendment Change 87-8 to transfer Richard Herrera to City Manager's Office, allocation of one-third of expenses back to Community Development, and establish indirect cost allocation to Community Development.
L.	Approval of the following Finance matters:
	1.	CAP 87-829 - Rental Rehab project including Windsor Terrace and Orange Circle Project Areas for $70,000.
	2.	CAP 87-1 - Community Development Program Year 12 approved for fiscal year 1986-87 for $908,000.
	3.	CAP 87-884 - Parking and Linkages on south side of 100 Block Hay Street (old Belk site) $150,000.
	4.	Change 87-7 to CAP 1 reducing the Pedestrian Linkages project by $150,000 to fund CAP 87-884.
M.	Approval of King's Grant in a PND Planned Neighborhood District for preliminary and final detailed PND Plan review for an area located on the west side of Raleigh Road (U.S. 401 North), south of Farmer's Road (S.R. 1612) (Case No. 87-382)
	The foregoing Resolutions are on file In the Clerk's office in Resolution Book R1986.
2.	PWC Matters:
A.	Consideration of designation of Deputy Finance Officer for PWC.
	Tim Wood stated that a management letter accompanying the Audit Report recommend compliance with a City Code requirement, which provides that City Council will annually appoint a Deputy Finance Officer for the Public Works Commission. He recommends to the City Council that the Director of Finance of the Public Works Commission be appointed to this position.
	Councilmember Evans offered motion to approve the appointment of the Director of Finance of the Public Works Commission as Deputy Finance Officer for PWC, seconded by Councilmember Dawkins and carried unanimously.
	At this time, Mayor Hurley recognized James “Bonecrusher” Smith, who had entered he Council Chambers. The Mayor stated he felt that Mr. Smith's name should be changed from “Bonecrusher” to “Gentleman Jim” because he was a true gentleman. Bonecrusher responded that there is a time to be a gentleman and a time to be a bonecrusher and he will be a bonecrusher on March 7 when he meets Mike Tyson.
B.	Consideration of approval and award of low bid for one backhoe excavator to Case Power and Equipment Company. Net Bid - $86,857.68
	Councilmember McBryde offered motion, seconded by Councilmember Jones and carried unanimously, to approve the award of the low bid to Case Power and Equipment Company.
C.	Consideration of execution of agreement between PWC, Cumberland County, and City of Fayetteville conveying title of the Rockfish Creek/Bones Creek Sanitary Sewer Interceptor to City of Fayetteville.
	Councilmember Dawkins offered motion, seconded by Councilmember Kendrick, to execute the agreement between PWC, Cumberland County, and City of Fayetteville conveying the title of the Rockfish Creek/Bones Creek Sanitary Sewer Interceptor to the City of Fayetteville as recommended.
D.	Consideration of adoption of Resolution accepting allocation of North Carolina Senate Bill 2 funds in the amount of $1,750,000 from Cumberland County to the Public Works Commission of the City of Fayetteville to be used in construction of sanitary sewer interceptor between Rockfish Creek Wastewater Treatment Plant and NC-24/53-I-95 Intersection (Locks Creek Interceptor). PWC is committed to matching State funds.
	Mr. Wood stated he recommends that the City accept the funds from the State that are allocated to Cumberland County. Also, a correction will be made on the Resolution from the County to change the location from NC-54 to NC-53. Mr. Wood further stated that Cumberland County desires to assign these funds to the Public Works Commission with a provision that the funds be matched and that these funds be used to assist in construction of the Sanitary Sewer Interceptor at this location.
	Councilmember Pillow moved to adopt this Resolution as recommended, seconded by Councilmember Ross and carried unanimously.  (A copy of this Resolution is attached to the original minutes.)
E.	Consideration of approval of amendments to PWC Employees Retirement Plan as recommended by the plan Board of Trustees and by the Public Works Commission.
	Mr. Wood presented the proposed amendments that will attempt to bring PWC Employees Retirement Plan up to the same level as the State Retirement Plan, which is used by the City. (A copy is attached to the original minutes.)
	Following lengthy discussion, Councilmember Evans offered motion to approve the amendments as recommended, seconded by Councilmember McBryde and carried unanimously.
3.	Consideration of adoption of the following Demolition Ordinances.
	Walter Haire requested that items 3 D and E be pulled from the Agenda due to the registration green cards not being received by him.
A.	Property located at 1415 Murchison Road
	Mr. Haire stated that nothing has been done and he has not heard from Dr. Allen concerning this item.
	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 (1415 MURCHISON ROAD). ORDINANCE NO. NS1986-27
	Councilmember Kendrick introduced the foregoing Ordinance and moved its adoption, seconded by Councilmember Pillow and carried 8 to 1 with Councilmember Jones voting no.
	Mr. Haire stated that adoption of an Ordinance for a lien on the work done at 1403 Murchison Road is needed.
	AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN (1403 MURCHISON ROAD). ORDINANCE NO. NS1986-28
	Councilmember McBryde introduced the foregoing Ordinance and moved its adoption for a lien in the amount of $475.00 on the property at 1403 Murchison Road, seconded by Councilmember Dawkins and carried unanimously at 7:32 p.m.
B.	Property located at 611 Frink Street
	Walter Haire stated that this case had been pending since 1981.
	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 (611 FRINK STREET). ORDINANCE NO. NS1986-29
	Councilmember Evans introduced the foregoing Ordinance and moved its adoption, seconded by Councilmember Pillow and carried unanimously.
C.	Property located at 106 Fayhart Road
	Attorney Herndon was recognized as representing the owners. He requested an extension of time due to the hardship in the past but now the building can be required to standards.
	Following discussion, Councilmember Dawkins offered motion to give a 90-day extension, seconded by Councilmember Ross and carried 8 to 1 with Councilmember Pillow voting no.
	Councilmember Dawkins asked Mr. Haire if anything can be done if a registered green card is not returned within a reasonable time. Mr. Haire responded that an ad could be run in the newspaper one day a week for two weeks and then returned to Council for action.
	Councilmember Kendrick asked Mr. Haire what has been done at the locations that the two of them had visited--1007 Arsenal Avenue and 108 Clarke Street. Mr. Hair stated that he is doing follow-ups on these two locations.
	Councilmember Pillow asked if there were other old cases that date back to the 1950's. Mr. Haire responded that he has been trying to catch up on backlog in addition to following up on current problems.
	Councilmember Torrey asked if there are any outside toilets in this area.
	Mr. Smith responded that there are some and a report is in the process of being prepared for Council.
Consideration of bid for computer equipment for Police Department.
	Mr. Smith received only one bid and it is a State contract purchase price.
	Following some discussion, Councilmember Evans moved to approve the award to Speery Corporation, seconded by Councilmember Johnson.
	Councilmember Jones referred to the bid specifications of item 4 under “remarks” which reads: “Speery reserves the option of shipping this item as used equipment. All aspects of warranty, maintenance, and performance are the same as new. All other equipment is new and factory fresh.” Mr. Jones stated that he did not like the word “fresh,” neither did he appreciate the option of this being shipped as used equipment.
	Mr. Jones offered substitute motion to re-advertise this bid, seconded by Councilmember Ross and motion failed 2 to 7 with Councilmembers Jones and Ross voting for and Councilmembers Dawkins, McBryde, Evans, Pillow, Johnson, Kendrick, and Torrey voting against.
	Mayor Hurley then returned to the main motion and it carried with Councilmembers Dawkins, McBryde, Evans, Pillow, Johnson, Kendrick, and Torrey voting far and Councilmembers Jones and Ross voting against.
Consideration of a joint street signage project with North Carolina Department of Transportation.
	Mr. Smith explained to Council that this program had not been offered by NCDOT at the time of the budget preparation. Therefore, if Council approves this, a budget revision will be prepared.
	Bob Bennett stated that NCDOT has recently changed their policy and has adopted a program to participate in street name signing to be installed overhead at signalized intersections. The program calls for a uniform system of signing.  The only stipulation is that this be uniform throughout the City and we pay for the labor.
	Louis Chalmers presented slides showing what is in use now and what the difference will be with the new system.
	Councilmember Evans offered motion to approve as recommended, seconded by Councilmember Jones and carried unanimously.
Consideration of an agreement with North Carolina Department of Transportation for the improvement of Southern Avenue from Cumberland Road to Owen Drive.
	Mr. Bennett stated that the North Carolina Department of Transportation has designated the widening of this portion of Southern Avenue as being eligible for funding improvements as a Small Urban Project. The State's Small Urban Projects provide only for construction money and require the City to provide any right-of-way needed, and to adjust utilities without reimbursement from the State. Mr. Bennett stated that they recommend approval of the agreement by adoption of the attached Resolution. (A copy of the Resolution is attached to the original minutes.)
	Councilmember Dawkins offered motion to approve as recommended by the Engineering Department, seconded by Councilmember Kendrick and carried unanimously.
Consideration of a street resurfacing list to be financed with bond funds.
	Mr. Bennett stated that they want to substitute Hay Street and Minor Street due to their very bad condition and complaints from the general public. The funds designated for resurfacing by the issue will provide for resurfacing inclusion of the streets on the present contract. This is approximately one-third of the list to be resurfaced. (A copy of the list is attached to the original minutes.)
	Following lengthy discussion, Councilmember Dawkins offered motion to approve as recommended, seconded by Councilmember Jones and carried unanimously.
8.	Consideration of assessing a portion of the sidewalk projects financed by bond funds.
	Mr. Bennett stated that the present policy for construction of sidewalks is far no assessment at locations for which the Council approves funds for an annual sidewalk construction program.  The policy provides for participation/assessment of one-half the construction cost not to exceed $3.00 per linear foot for construction of sidewalks, other than the annual construction program. A decision needs to be made as to whether or not any portion of the construction cost on bond finance of sidewalk projects is to be made.
	Following lengthy discussion, Councilmember Dawkins offered motion to have no assessment on the bond referendum funds for sidewalks, seconded by Councilmember Ross and carried 7 to 2 with Councilmembers Dawkins, McBryde, Evans, Ross, Pillow, Kendrick, and Torrey voting for and Councilmembers Jones and Johnson voting no.
9.	Consideration of Resolution authorizing Lease/Purchase Agreement for Airport Terminal equipment.
	Mr. Smith stated that Council previously approved the purchase of items for the Airport. The action for consideration at this time is the method of financing.  (A copy of the Certificate of Resolutions and Incumbency is attached to the original minutes.)
	Following discussion, motion was made by Councilmember Johnson to approve as recommended, seconded by Councilmember Pillow and carried unanimously.
10.	Consideration of design of College Lakes Fire Station.
	Mr. Smith stated that the Fire Chief has a conceptual design in mind and wants to move as quickly as possible to get the facility in operation. He stated that while valid arguments can be made for outside or in-house design, we have learned that the practice of purchasing design services based on low bid does not necessarily produce the quality and control of the project that is in the City's best interest. He further stated that bond money left over, if any, by doing in-house could be used for equipping the station.
	Chief Johnson was recognized and he stated that he wants the building to blend in with the neighborhood. Frank Dallas of the Engineering Department did a design to his specifications.
	Following some discussion, Councilmember Jones offered motion to authorized the design to be done in-house, seconded by Councilmember Ross and carried unanimously.
11.	Consideration of lease of USO Property from U.S. Army.
	Mr. Smith stated that having gone as far as we can go in negotiating the lease he has three alternatives. They are: (1) Accept the lease and sublet the facility for a community use, (2) Accept the lease and operate the facility ourselves, or (3) Reject the lease and allow the Army to sell the property.
	Following lengthy discussion, Councilmember Johnson offered motion to have Mr. Smith negotiate with the Army to purchase the land along the creek bank. There was no second.
	Councilmember Evans offered motion to reject the offer to lease from the Army, Councilmember McBryde seconded.
	Following further discussion, Councilmember Dawkins offered a friendly amendment to Mrs. Evans' motion to request the Army consider leasing to the City of Fayetteville a certain amount of creek property right-of-way for the Linear Park. Councilmember Evans accepted the friendly amendment. Mayor Hurley called far a vote and it carried 8 to 1 with Councilmember Ross voting no.
	At this time, Mayor Hurley stated that they would advance to Item 17B on the agenda due to the representatives present on this matter.
17.	B.	Report from Baseball Stadium Committee.
	In summarizing from Mr. Smith's memorandum, the Committee has found that it would be physically impossible to develop a suitable facility for the 1987 season and the cost of developing Pope Park as an interim ball park would be almost the same as a permanent site.
	The Committee is therefore recommending that Pope park not be considered for development as a temporary site, and the Committee continue its study of possible permanent locations (including Pope Park), and that a temporary site be designated for the 1987 season. The only apparent option for a temporary site is Edge Field.
	Following some discussion, Councilmember Ross offered motion to go along with Edge Field as a temporary site, seconded by Councilmember Torrey.
	The Mayor then asked for a show of hands to see if Council would allow representatives from the audience, and there was a two-third vote for approval.
	Councilmember Evans asked if there is any obligation for financing by the City other than the $25,000 already approved. Mr. Smith responded that the City has made no financial obligations.
	There was also some discussion concerning lighting the field which is currently being handled by the County since it is a County park. The zoning in that area was also discussed briefly.
	Councilmember Pillow stated that we have already entered into the agreement, voted on the $25,000 with the four conditions, and it is up to the County to come up with a working contractual agreement with a private group. He further stated that when he voted, it was for Edge Field being a temporary site.
	Clinton Harris was recognized and asked by Council to report on what the County Commissioners had decided at their meeting this evening. He stated that the County Commissioners decided to work out a contractual agreement with the County School Board and ask the Stadium Committee to listen to objections from the area residents.
	Mrs. Betty Ford, Eugene Street resident, was recognized and stated that the ballfield property adjoins the back of her property. She stated that there had been a neighborhood meeting held, and they do not want a professional ball team in the back yards of a strictly residential area. Mrs. Ford further stated that they have had Little Leagues and American Legion teams playing on this field but only approximately 100 people, at most, were in attendance.
	Mr. Koonce was recognized and stated that he went door-to-door explaining their position and answering questions in the neighborhood. He stated that their team will be there on a temporary basis and it will be a better park after they leave.
	Following questions and answers of Mr. Koonce, the Mayor called for a vote on the motion and it carried 7 to 2 with Councilmembers Jones and Kendrick voting no.
12.	Consideration of offer of property by Mr. Ernest Wood.
	Mr. Smith stated that Mr. Woods' property is located on Person Street along the Cape Fear River and has approached the City with a verbal offer to dedicate the property to the City. Mr. Smith stated that he discussed this with Jack Wilson who indicated no immediate need or use of the property. Taxes on the property amount to $93.24 per year. Mr. Smith further stated that he could not see the city putting this property to any productive use in the near future.
	Councilmember Kendrick offered motion to reject Mr. Wood's offer, seconded by Councilmember Evans and carried 8 to 1 with Councilmember Johnson voting no.
13.	Consideration of amendment of Section 28-42 regarding commercial advertisement on taxicabs.
	Councilmember Kendrick offered motion to adopt the ordinance on the first reading, seconded by Councilmember McBryde and carried unanimously.
	There was some discussion concerning the elimination of the inspection fee charged to the taxicabs for the signs.
	Councilmember Kendrick then withdrew his motion. However, Councilmember McBryde would not withdraw his second, therefore, Mayor Hurley stated that the motion stands.
	Councilmember Evans offered substitute motion to approve the amendment but eliminate the fee, seconded by Councilmember Jones.
	There was some further discussion and Councilmember McBryde stated that if this passed, then everyone would not be “fed from the same spoon.”
	The substitute motion failed 4 to 5 with Councilmembers Evans, Jones, Torrey and Johnson voting for, and Councilmembers Dawkins, McBryde, Ross, Kendrick and Pillow voting against.
	Mayor then returned to the main motion and called for a vote which passed 5 to 4 with Dawkins, McBryde, Ross, Pillow and Kendrick voting for, and Councilmembers Evans, Jones, Torrey and Johnson voting against.
14.	Consideration of a new Section 20-145.1 to allow additional equipment for newer lightweight cars.
	The City Attorney presented this item and stated that Clark Dill, Chairman of the Wrecker Review Board, is requesting a change in the Wrecker Ordinance to allow for more lightweight-type wreckers to be used with certain newer model cars made of fiberglass and new design frames.
	Following some discussion, Councilmember Evans offered motion to adopt the ordinance as recommended, seconded by Councilmember Torrey.
	Mr. Tom Simmons was recognized at this time, who is a member of the Wrecker Review Board representing the Wrecker Service Industry. He stated that a carrier wheel disk for small cars are not feasible on the big wreckers.
	Mayor Hurley then recognized Mr. G. H. King, King's Union Service Station on Murchison Road. He stated that he bought a large wrecker approximately 10 years ago when this happened. He further stated that he had a small wrecker at that time and had to sell it to buy a new one. The wheel they are speaking of is an expensive one and he will only buy one if he has to, because he can pull cars with what he has now.
	Following some further discussion, Councilmember Evans withdrew her motion and Mr. Torrey withdrew his second.
	Councilmember Kendrick then offered motion to delay until more information on how this amendment affects the rotation list can be obtained, seconded by Councilmember Jones and carried unanimously.
	At this time, Mayor Hurley requested Mayor Pro Tem Dawkins preside temporarily. Mayor Pro Tem then called for Item 15 on the agenda.
15.	City Attorney Matters:
A.	Consideration of amendment of Section 20-121 regarding removal of abandoned vehicles.
	Mr. Cogswell stated that this will give us a spelled-out procedure to get rid of abandoned vehicles.
	AN ORDINANCE AMENDING SECTION 20-121, “REMOVAL OF ABANDONED OR JUNKED MOTOR VEHICLES,” THE FAYETTEVILLE CITY CODE. ORDINANCE NUMBER S1986-16.
	Councilmember Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Jones and carried unanimously.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1986.
B.	Offer to purchase property; parcels M-8 and M-9; Murchison Road Redevelopment Plan; Blue Street area.
	The City Attorney stated that in September, Council deferred this matter until a response from the Senior Citizens Service Center could be obtained concerning their interest in the property.  A response in memo form was forwarded to Council. Following a 30-day posting of the property, the only offer was that of Robert Thompson. Therefore, Mr. Cogswell recommends authorizing the advertisement of the offer.
	Following discussion, Councilmember Evans offered motion to advertise Parcels M-8 and M-9 on Murchison Road Redevelopment Plan, Blue Street Area, seconded by Councilmember Pillow and carried 7 to 2 with Councilmembers Johnson and Jones voting against.
	At this time, Mayor Hurley returned to the meeting and again presided. 
16	Appointments:
A.	Fayetteville Appearance Commission
	1.	Elections to fill two at-large vacancies from nominees.
	Mayor Hurley called for a show of hands for the nominees, and they are as follows:
		Ms. Louise S. Morgan nominated by Mr. Pillow - 7 votes Mrs. Sandy Simpler nominated by Mr. Jones - 2 votes 
		Wanda Foster nominated by Mr. Dawkins - 1 vote 
		Freddie D. McAllister nominated by Mr. Torrey - 8 votes
	Two at-large vacancies will be filled by Mr. McAllister and Ms. Morgan.
	2.	Nomination to fill Engineer category vacancy.
	Councilmember Dawkins nominated Mr. Robert Myrl Harris. 
B.	Personnel Review Board
	1.	Election to fill one vacancy.
	Councilmember Evans offered motion to elect Mr. Robert Cellner by acclamation. Motion seconded and carried unanimously.
	2.	Nominations to fill one unexpired term.
	Councilmember Evans nominated Ms. Geraldine Henderson.
C.	Election to fill one vacancy on Fayetteville Redevelopment Commission.
	The Mayor asked for a show of hands for the election by acclamation of Mr. J.T. Gibson, and it was unanimous.
D.	Historic Resources Commission
	1.	Nominations to fill one vacancy.
	Mrs. Evans nominated Mr. Frank Barrigan, III.
	2.	Set length of term.
	Councilmember McBryde offered motion to follow the recommendation of the Historic Resources Commission, seconded by Councilmember Kendrick and carried unanimously.
	The terms are as follows:
	C. John Malzone - 2 years
	Mr. W. Edward Murphy - 2 years
	Mr. Frank Brown - 2 years
	Mr. Dan MacMillan - 4 years
	Mr. Ron Wilson - 4 years
	Mrs. Betty Monroe - 4 years
	Vacant position - 4 years
	At this time, Mr. McBryde stated that it had been brought to his attention that a nominee of his on the Fayetteville Revitalization Commission resides outside the City limits. It was decided by Council that this should go on the next agenda for nominations to fill the term of General John Rose.
17.	Administrative Reports:
A.	Statement of taxes collected for the month of November, 1986, from the Cumberland County Tax Collector.
	Mr. Smith has submitted this report.
B.	Report from Baseball Stadium Committee.
	(Previously considered following Item 11).
C.	Other
	Councilmember Dawkins reminded Council that Christmas was on Thursday this year and they should consider giving Friday as an extra holiday this year to the City employees.
	Councilmember Kendrick offered motion to give City employees Friday, December 26 as a day of vacation, seconded by Councilmember Dawkins, with the stipulation that emergency departments would operate on the usual schedule with compensatory time off. Motion carried 8 to 1 with Councilmember Johnson voting against.
	Mr. Smith stated that he has one item that normally would be a consent item but he did not receive it in time for the agenda packet. A retiring Police Officer has requested his duty badge and weapon and according to City policy, State Law and State Policy, he recommends approving issuance of these items to retiring Police Sergeant Nash.
	Councilmember Evans offered motion to approve as recommended, seconded by Councilmember Jones and carried unanimously.
	Mr. Smith stated that he had another item that was relative to the stadium item 17B concerning the zoning in that area, and he recommends returning this to the Planning Board for further study. Mr. Smith then read § 32-22 (20): “Sporting events such as baseball, football, basketball, track meets, and similar games, including accessory concessions, when operated by a public or private school or public body, or leased for similar games by a public or private school or public body.”
	Councilmember McBryde offered motion to return this to the Planning Board, seconded by Councilmember Jones and carried unanimously.
	Mr. Smith stated that Council voted to reopen the storm drainage system in Greens Subdivision for a public hearing at the January meeting.
	PRELIMINARY RESOLUTION REQUIRING THE CONSTRUCTION AND RECONSTRUCTION OF A STORM SEWER AND DRAINAGE SYSTEM IN A PORTION OF THE GREENS SUBDIVISION. R1986-170.
	Councilmember McBryde introduced the foregoing resolution and moved its adoption to set a public hearing for the storm drainage for January 5, seconded by Councilmember Kendrick and carried unanimously.
	At this time, the City Attorney requested Council Action on two items:
	(1) In the matter of John Lewis Locklear vs. Police Officer Orval Cox, et al, 86 892 CRT Federal District Court. Mr. Cogswell recommends authorizing the City Attorney's office to provide legal representation in this matter.
	Councilmember McBryde offered motion to authorize as recommended, seconded by Councilmember Kendrick and carried unanimously.
	(2) In the matter of Raul Rodriguez vs. J. P. McGuinness and Gary Scearce, et al, 8428 CIV 23 Eastern Federal District Court. Mr. Cogswell recommends approval of settlement release in the sum of $15,000, which is no admission of liability in any part and also the voluntary dismissal that would be a dismissal of prejudice as to all defendants. He further stated that there would be no further claim of Attorney's Fees, that the Counter Claims of McGuinness and Scearce against the Plaintiff would be dismissed and that the Plaintiff has waived and would have no further rights of appeal in any matter in this case. Mr. Cogswell is making this recommendation on behalf of Stacy Weaver who is representing this matter.
	Councilmember Kendrick offered motion to approve settlement release in the sum of $15,000 as recommended by the City Attorney, seconded by Councilmember McBryde and carried unanimously.
18.	Matters of Interest to Council:
	Councilmember Jones stated that he felt if we worked with the Council on the College Lakes Property, it could be obtained for $1 per year and graded in time to be used in the spring as park property.
	Mayor Hurley reminded Council of the employee reception on Thursday, December 18, from 3:00 - 4:30 p.m. He also wanted to respond to something that was in the newspaper concerning the Prince Charles Hotel. He stated that he had been trying for the past two weeks to get in touch with the public relations person to the Goodyear Tire Company to see if he could get an appointment with the powers-that-be so that we could take a delegation to see if we could take a plea to have them consider Fayetteville as their home office. Mayor Hurley stated that Sol Rose suggested the Prince Charles Hotel as an incentive and the State might even rehabilitate the building since it is on the Historic Registry. Also that they are in the business of encouraging businesses to come into our State. He further stated that he made a general comment at the last Wednesday morning executive session of the Economic Development Board meeting of the Chamber of Commerce. Mayor Hurley stated that it did get out of the Executive Session bind when Mrs. Thrasher of the Fayetteville Observer called him this morning and asked if he had made that statement, he stated that he had. He did not realize that Mrs. Thrasher was going to call each member of the Council that she could reach before he had a chance to contact them or he would have refused the interview. Mayor Hurley then assured Council that he would not in any way try to make a decision for the Council on any matter. It reads in the paper that he is trying to do something behind Council's back and he is in no way trying to do this, and will be more careful in the future with interviews.
	Mayor Hurley also stated that past member of Council, Mr. Milton Wofford had asked Council to consider budgeting for a trolley or bus of some type for the downtown area. He stated that now is the time to get staff to investigate this before it is time to work on the budget. Council was in agreement.
	Mayor Hurley also stated that he and Chairman Bedsole of the County Commissioners agreed that a joint meeting of the two parties needs to be held in January to share common goals. Council again was in agreement.
	There being no further business, Council adjourned the meeting at 10:58 p.m.
	RESOLUTION COMMITTING SENATE BILL 2 FUNDS
	WHEREAS, the County of Cumberland, North Carolina has $1,750,000 of unallocated Senate Bill 2 funds available for sanitary sewer projects, and
	WHEREAS, the County of Cumberland by resolution adopted the seventeenth day of November, 1986, has requested the State of North Carolina to transfer $1,750.000 of the County's allocation of Senate Bill 2 funds to the Public Works Commission of the City of Fayetteville to be used In constructing a sanitary sewer interceptor between the Rockfish Creek Wastewater Treatment Plant and the vicinity of the intersection of N.C. Highway 53/210 with Interstate Highway 95, and
	WHEREAS, Public Works Commission of the City of Fayetteville has funds on hand in an amount equal to the County's unpledged allocation with which to construct said sanitary sewer interceptor described hereinabove, and
	WHEREAS, design of said sanitary sewer interceptor has been completed in order to facilitate construction beginning in the first quarter of 1987, and
	WHEREAS, the Public Works Commission has determined that construction of said sanitary sewer Interceptor should be constructed In Commission's service area in the interest of the public health, welfare and public necessity;
	NOW THEREFORE BE IT RESOLVED that the Public Works Commission of the City of Fayetteville and the City Council of the City of Fayetteville hereby approve construction of said sanitary sewer interceptor and certify that the Public Works Commission of the City of Fayetteville has sufficient funds on hand to match State funds in the amount of $1,750,000 and hereby requests allocation of and authority to utilize State funds in connection with the project described hereinabove and as described in Cumberland County Resolution of 17th November, 1986, a copy of which is appended hereto.
	Adopted this 26th day of November, 1986, by the Public Works Commission of the City of Fayetteville.
	PROPOSED AMENDMENT
Eligibility				Date of employment.
Normal Retirement Date			First day of month coincident with or next following (1) attainment of age 65, or (2) completion of 30 years of Credited Service and attainment  of age 62.
Employee Contributions		Same as present plan.
Average Compensation				Average annual compensation of a Participant during the 4 consecutive years within the last 10 years of employment, producing the highest average.
Normal Retirement Benefit	Same as present plan.
Credited Service				Full years and months of uninterrupted employment (recognized from date of employment).
Delayed Retirement			Same as present plan.
Early Retirement				Age 55 and 20 years of Credited Service; benefit payable at Early Retirement Date reproduced in accordance with the following table:
		Age When Early				Percent of Benefit
		Retirement Payments Begin			Payable
			64						99%
			63						97%
			62						95%
			61						92%
			60						88%
			59						83%
			58						77%
			57						69%
			56						60%
			55						50%
Disability Retirement		Same as present plan.
Death Benefit				Same as present plan.
Vesting						Full vesting in employee contributions with interest, plus full vesting all accrued benefit attributable to employer contributions after 5 years of service.
Asset Valuation			Market Value.
Retired Employees				10% ad hoc increase plus 1/4 of 1% increase for each month that has elasped from retirement to July 1, 1986.
	COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL
	OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA
	A motion was made by Councilmember J.L. Dawkins and seconded by Councilmember Mark Kendrik for the adoption of the following Resolution, and upon being put to a vote was duly adopted:
	WHEREAS, the North Carolina Department of Transportation has prepared and adopted plans to make certain street and highway improvements within this Municipality under Project 9.8069707, Cumberland County, said plans consisting of the improvement of SR 1132 from SR 1141 to SR 1007 in Fayetteville to include widening, drainage work and curb and gutter; and,
	WHEREAS, said Department of Transportation and this Municipality propose to enter into an Agreement for the above-mentioned project whereby this Municipality agrees to effect the necessary adjustments of all utilities and to provide the right of way for the project, all without cost to the Department of Transportation; and,
	WHEREAS, said Department of Transportation agrees to construct the project in accordance with the approved project plans; and,
	WHEREAS, the Agreement will further provide for the establishment, maintenance, and enforcement of traffic operating controls for the regulation and movement of traffic on the project upon its completion.
	NOW, THEREFORE, BE IT RESOLVED that Project 9.8069707, Cumberland County, is hereby formally approved by the City Council of the Municipality of Fayetteville and that the Mayor and Clerk of this Municipality are hereby powered to sign and execute the Agreement with the Department of Transportation.
	I, Bobbie Joyner, Clerk of the Municipality of Fayetteville, do hereby certify that the foregoing is a true and correct copy of excerpts from the Minutes of the meeting of the City Council duly held of the 15th day of December, 1986.
	WITNESS, my hand and the official seal of said Municipality on this the 16th day of December , 1986.
Please Note:  To view the table, please see Book W, page 240 of the City of Fayetteville Meeting Minutes.
	CERTIFICATE OF RESOLUTIONS AND INCUMBENCY
I, Bobbie Joyner, do hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of the City of Fayetteville, North Carolina, a political subdivision or agency duly organized and existing under the laws of the State of North Carolina (the “City”), and that the following resolutions have been presented to and duly adopted by the City Council at a meeting duly and regularly held and convened in accordance.with applicable law on the 15th day of December, 1986:
	WHEREAS, the City has entered or is entering an Equipment Lease/Purchase Agreement dated April 26, 1982, and a Commitment Letter dated November 11, 1986, with first Union National Bank of North Carolina;
	NOW, THEREFORE, be it RESOLVED that the Agreement and Letter be, and is hereby approved and that the action of the official or officials of the City in signing the Agreement and Letter on behalf of it be, and is hereby, ratified, confirmed and approved; and be it further
	RESOLVED, that an official of the City be, and is hereby, authorized, empowered and directed to sign on its behalf the Agreement and any addenda, schedules, notes, UCC financing statements or other instruments issued under the provisions of the Agreement and any other instrument or document which may be necessary or expedient in connection with agreement upon or fulfillment of the provisions of the Agreement.
	RESOLVED, the individual(s) named below are the duly elected or appointed officers of the City holding the offices set forth opposite their respective names. I further certify that (i) the signatures set opposite their respective names and titles are their true and authentic signatures and (ii) such officers have the authority on behalf of the City to enter into all documentation connected with the Equipment Lease/Purchase Agreement.
	NAME				TITLE		SIGNATURE
	John P. Smith		City Manager	John P. Smith
	IN WITNESS WHEREOF, I have duly executed this certificate and affixed the seal hereto this 16th of December, 1986
	(Seal)		Bobbie Joyner
				Secretary/Clerk