1985 - MEETING MINUTES
CITY OF FAYETTEVILLE,
NORTH CAROLINA
REGULAR MEETING
MONDAY, JANUARY 7, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, JANUARY 7, 1985
	7:00 P.M.
Present:	Mayor Bill Hurley
			Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans, and Jimmie Jones
			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 all those present to this first meeting of 1985.  The Invocation was offered by the Rev. James F. Grant, Pastor of Christian and Missionary Alliance Church.  Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley stated the City Attorney had requested an Executive Session at the end of this meeting to discuss a litigation matter.
	Mayor Hurley recognized Mr. Dawkins who suggested that the January 19th goals setting session scheduled to meet at Mrs. Evan's residence be held instead at 10:00 a.m. in the Kyle House Conference Room.
	Mr. Dawkins then offered motion that the January 19th session be set for 10:00 a.m. at the Kyle House Conference Room, seconded by Mr. Wofford and carried unanimously.
	Mayor Hurley stated that Rev. Johnson had been sworn in today as the new Secretary of the North Carolina Department of Corrections and asked Rev. Johnson if he had any comments.  Rev. Johnson offered brief remarks and stated that he had worked hard today.  Mayor Hurley and the Councilmembers extended congratulations to Rev. Johnson for his appointment.
1.	Consent:
	Mr. McBryde offered motion for approval of all of the consent items 1A through 1J.  Motion seconded by Mr. Dawkins and carried unanimously. 
	The Consent items appear below:
A.	Approval of minutes of regular meeting of December 17, 1984.
B.	Authorize advertisement of sale of property located at McIver Street and Humphrey Lane.
C.	Set public hearing for February 4, 1985, to consider an application by the Fayetteville Prince Hall Masonic Corporation for a special use permit as provided for by the Fayetteville Zoning Ordinance Article IV, Section 32.25 (1) to operate a private club on a non-profit basis in an R5 residential district for an area located on the north side of Cumberland Street, east of Murchison Road.
D.	Approval of Pamalee Plaza Shopping Center in a C3 heavy commercial district for preliminary and final group development addition review for an area located on the west side of Murchison Road, north of US 401 Bypass (Pamalee Drive).
E.	Authorize advertisement of Piedmont Fuel Farm Lease.
F.	Authorize advertisement of Piedmont Lease for four offices located in the Air Cargo Facility.
G.	Authorize advertisement of Piedmont Airport Use Agreement.
H.	Adoption of Resolutions Directing the City Clerk to Investigate Petitions Received under G.S. 160A-31:
1.	Petition from Timothy R. Smith.
2.	Petition from Combined America Properties.
3.	Petition from Lyle Gardner and M. Durwood Stevenson.
	RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER GS 160A-31.  RESOLUTION NO. R1985-1.
	RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER GS 160A-31.  RESOLUTION NO. R1985-2.
	RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER GS 160A-31.  RESOLUTION NO. R1985-3.
I.	Award of contract for PWC for two Trenching Machines to Ditch-Witch of North Carolina, the low bidder for their bid of $51,695.72.
J.	Set Public Hearing for February 4, 1985, to consider continuation of the Downtown Redevelopment Loan Program first approved on September 13, 1982.
	Mayor Hurley stated that there was an additional consent item.
K.	Set Public Hearing for January 21, 1985, ordering the extension of the sanitary sewer collection system and water distribution system into Sandhurst Drive and Walter Reed (formerly Maiden) Road.
	Mrs. Evans offered motion to set the foregoing public hearing as requested by the adoption of the following resolution, seconded by Mr. Jones and carried unanimously.
	PRELIMINARY RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA INTO SANDHURST DRIVE AND WALTER REED (FORMERLY WALDEN) ROAD.  RESOLUTION NO. R1985-4.
2.	Public Hearings:
A.	Consideration of a resolution confirming the assessment roll for the paving of Grady Street.  Adoption of the resolution was recommended.
	The City Engineer presented this matter and stated that all property owners had been notified of this public hearing and that the assessment rate was four dollars per front foot.
	There were no proponents present.
	Council recognized Mr. Willie Paul, for his Mother on Hamlet Street and asked why must she pay this assessment.
	Mr. Dawkins explained the City's assessment policy and stated the street was paved by petition of a majority of the property owners.
	There was then some discussion of this matter.
	Mr. Wofford then offered motion for adoption of the resolution at 7:15 p.m.
	Seconded by Mr. McBryde and carried unanimously.
	A RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR THE PAVING AND OTHER IMPROVEMENT OF GRADY STREET.  RESOLUTION NO. R1985-5.
B.	Consideration of a resolution confirming the assessment roll for the paving of Hamlet Street.  Adoption of the resolution was recommended.
	The City Engineer presented this matter and stated that all property owners had been notified of this public hearing; the paving was done by majority petition; and the assessment rate was $4.00 per front foot.  The interest rate was at 8%.
	It was noted that Mr. Willie Paul had spoken in opposition to this assessment on the Grady Street matter.  It was noted that he thought he was speaking on the Hamlet Street matter at the time.
	There were no proponents present.
	Council recognized Mr. Joseph Hall in opposition.  Mr. Hall stated the paving is not completed in front of his lot.  He stated also the paving was not completed at the corner lot of Mrs. Brown, where Hamlet Street intersects with Mayview.
	Following some discussion, the City Engineer suggested that he review the Brown property and bring it back to City Council at a later date.
	Mrs. Brown was recognized and stated that motorists have been driving over her property for a long time and that the paving does not help us at all.  Mr. Joseph Hall was again recognized and requested paving of the intersection.
	Mayor Hurley then declared the public hearing over.
	Following brief discussion, Mr. Wofford offered motion to adopt the resolution confirming the assessment roll at 7:30 p.m., excepting for the Coy D. and Bryan S. Brown lot, and continuing this parcel to the next meeting.  Motion seconded by Mr. McBryde and carried unanimously.
	A RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR THE PAVING AND OTHER IMPROVEMENT OF HAMLET STREET.  RESOLUTION NO. R1985-6.
C.	Consideration of a resolution confirming the assessment roll for the paving of Grady Street and Hamlet Street.  Adoption of the resolution was recommended.
	The City Engineer presented this matter and stated that all property owners had been notified and that the assessment rate was $4.00 per foot.
	There were neither proponents nor opponents present.
	Mrs. Evans offered motion for adoption of the resolution at 7:35 p.m.
	Seconded by Rev. Johnson and carried unanimously.
	A RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR THE PAVING AND OTHER IMPROVEMENT OF GRADY STREET AND HAMLET STREET.  RESOLUTION NO. R1985-7.
D.	Consideration of adoption of an ordinance extending the corporate limits of the City of Fayetteville, North Carolina - McArthur Place.  Adoption of the ordinance was recommended.
	The City Manager presented this matter and stated that it was by 100% petition and that the Clerk had certified the petition at the last meeting.  He recommended that Council make the annexation effective February 1, 1985.
	There were no proponents present.
	Mr. Clinton Harris, a local citizen, was recognized in opposition stating that his opposition was due to the minority voting and the one man, one vote system.
	Following brief discussion, Mr. Wofford offered motion for adoption of the annexation ordinance and making it effective 1 February 1985.  Motion seconded by Mr. McBryde and carried unanimously.
	AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA - MCARTHUR PLACE.  ANNEXATION ORDINANCE NO. 85-1-291.
3.	Planning Board Matters:
A.	Consideration of the rezoning from M2 Industrial District to P2 Professional District or to a more restrictive zoning classification than presently zoned for an area located on the north side of Owen Drive, east of Cumberland Road.  Planning Board recommends approval of C3 Heavy Commercial District.
	Planner Al Mitchell presented this matter and stated that it had been before Council before concerning this rezoning.  He recalled the particulars for Council's information.  He stated that Planning Board recommended denial of M2 to P2 and recommended C3 heavy commercial.
	There was then some discussion of this matter.
	Following this discussion, Mrs. Evans offered motion to follow the recommendation of the Planning Board and planning staff and rezone the foregoing area C3, seconded by Mr. Jones and carried unanimously.
4.	Consideration of resolutions requesting and approving the participation of the North Carolina Housing Finance Agency in the financing of housing projects to be located in the City of Fayetteville.
A.	Weatherstone Apartments.
B.	The Villas of Ascot.
	The City Manager presented this matter and stated that the financing for these projects would be by bonds issued by the North Carolina Housing Finance Agency and the City has no obligation.
	There was then brief discussion.
	Mrs. Evans then offered motion for approval and for adoption of the resolutions on both foregoing items A and B.  Motion seconded by Rev. Johnson and carried unanimously.
	RESOLUTION REQUESTING AND APPROVING THE PARTICIPATION OF THE NORTH CAROLINA HOUSING FINANCE AGENCY IN THE FINANCING OF A HOUSING PROJECT TO BE LOCATED IN THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  RESOLUTION NO. R1985-8.
	RESOLUTION REQUESTING AND APPROVING THE PARTICIPATION OF THE NORTH CAROLINA HOUSING AND FINANCE AGENCY IN THE FINANCING OF A HOUSING PROJECT TO HE LOCATED IN THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  RESOLUTION NO. R1985-9.
5.	Authorize sale of property on Guthrie Street.  Sale to the highest bidder was recommended.
	The City Attorney presented this matter and stated that the deadline for submitting proposals on this property was 5:00 p.m. today.  He stated St. Luke's Holiness Church was the highest responsible bidder at $8,450.  He recommended approval.
	Following brief discussion, Mrs. Evans offered motion for adoption of the resolution as recommended and that the purchase price be paid in thirty days.  Motion seconded by Rev. Johnson and carried unanimously.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY - GUTHRIE STREET.  RESOLUTION NO. R1985-10.
6.	Consideration of a resolution requesting the Cumberland County Joint Planning Board and Planning Department review City and County Zoning Ordinances.  Adoption of the resolution was recommended.
	Councilman Wofford presented this matter for the Liaison Committee.  He stated the review of the zoning ordinances was needed to facilitate annexation and that this is the direction the City and County wish to go.  He stated this matter was also before the County Commissioners for approval this evening.
	He stated the City-County Liaison Committee has been looking at the differences in zoning ordinances between the two units.  In order for the Planning Board to make an in-depth analysis and come back with concrete recommendations, Mr. George Vaughan has asked that the City Council and County Commissioners adopt the resolution.  The resolution does not commit either governing body to any specific changes in the ordinances, but does express an interest in attempting to achieve greater uniformity.
	Mr. Wofford then moved for the adoption of the resolution, seconded by Mr. Jones and carried unanimously.
	RESOLUTION - CUMBERLAND COUNTY JOINT PLANNING BOARD AND PLANNING DEPARTMENT TO REVIEW THE CITY AND COUNTY ZONING ORDINANCES.  RESOLUTION NO. R1985-11.
7.	Consideration of adoption of Interlocal Agreement between City of Fayetteville and Cumberland County establishing a joint agency of local government which shall be called the Cumberland Emergency Management Agency.  Adoption was recommended.
	The City Manager presented this matter and stated that the memo distributed to the Councilmembers at the beginning of the meeting is to amend paragraph 5 of the agreement.  He stated the agency should be administered by the County.  The recommendation was that the I. D. Bureau be a County agency and that the employees be County employees.  He stated the agreement formalizes the current arrangement between the City and the County for the emergency management agency.  The City's share of the agencies budget for the current fiscal year is $15,226.  He noted that the agreement may be cancelled by either party by giving thirty days written notice.  This item is also on the County Commissioners agenda for this evening.  Mr. Strassenberg and I are also attempting to develop agreements on the Law Enforcement Center and the I. D. Bureau.
	There was then some discussion of this matter by City Council.
	Mr. Wofford suggested that the City Manager and the County Manager look at all shared agencies.
	Following some discussion, Mr. McBryde offered motion to adopt the agreement, changing the wording in Paragraph 2 to read “through June 30, 1985" and amending Section 5 as recommended.  Motion seconded by Mr. Wofford and carried unanimously.
	Mayor Hurley then declared a five minute break in the meeting. 
	Mayor Hurley then reconvened the meeting.
8.	Consideration of a contract with Jerry Hopper and Associates for technical and professional services in connection with the installation of a comprehensive capital projects management system.  It was recommended to authorize the City Manager to execute the contract.
	The City Manager presented this matter and stated that he had negotiated the proposed contract with Jerry R. Hopper and Associates as authorized by Council at the December 3, 1984, meeting.  The contract is for technical and professional services in connection with the installation of a comprehensive capital projects management system.  He stated the maximum amount to be received by the consultant, including allowable costs and the fixed fee shall not exceed $50,000.  The fixed fee shall be $46,200.
	The City Attorney commented on the insurance provision and stated that it is not being required in this case since it does not apply.  This is a management consultant type agreement.
	There was then some discussion of this proposed contract.
	Mr. McBryde stated that he was opposed to another consultant contract and that these matters could and should be handled on a staff level.
	Mr. Jones suggested that we look at what other cities are doing and stated that the negotiation of this contract would reflect unfavorably on all departments of the City.
	Mrs. Evans expressed the view that the City can use this management consultant.
	Rev. Johnson expressed the view that this would be a worthwhile investment.  Mr. Dawkins stated that he would not support this proposal.
	Following some discussion, Rev. Johnson offered motion to table this matter and let the City Manager restudy it and bring back to City Council at a later date.  Motion seconded by Mr. Wofford and carried, Mrs. Evans voting against the motion.
9.	Appointments:
A.	Nominations to fill one vacancy on the Human Services Commission.  Mr. Theodore Kinney had tendered his resignation.
	There were no nominations for this vacancy.
B.	Nominations to fill one vacancy on the Board of Trustees, North Carolina Firemen's Relief Fund.  The term of the incumbent, Mr. Herman L. Bishop expires in January.
	Mr. McBryde nominated incumbent Herman L. Bishop.
	The Mayor stated these matters would be reconsidered at the next meeting of the Council.
10.	Delegations or Individuals wishing to address Council:
	There were none.
11.	Administrative Reports:
	The City Manager stated he had no reports to make at this time.
12.	Matters of Interest to the City Council:
	Mayor Hurley called on Mr. Wofford first who stated he had received a letter from the Chairman of the County Commissioners on the various committees for the upcoming year.  Mr. Wofford asked if the Council would stay with the same committees.  This was discussed for several moments and it was the general consensus of the Council that the Mayor would appoint these committees.  Mayor Hurley stated that this subject would be a good topic for discussion at the January 19, 1985, meeting.
	Mr. McBryde asked for status reports on the following matters:
1.	The Cablevision contract study.  The City Manager stated that they have received a legal opinion so far but there has been no response from Cablevision.
2.	Progress on the Farmer's Market.
	Suzan Cheek, the Assistant City Manager for Economic Development, stated that Fayetteville Progress is continuing to work on this.
3.	Ray Avenue Extension.
	The City Engineer stated that he was in contact with the Railroad and was requesting them to adjust the tracks in order that this project could proceed.
	Mr. Dawkins commented on the upcoming meetings with the City Council and the North Carolina Legislative Delegation on January 10, 1985, and the goals setting session scheduled for January 19, 1985.
	Rev. Johnson commented on the present Cablevision franchise and expressed the opinion that the City should get out of this business.  The City Manager stated that the present franchise was not an exclusive one and that other Cablevision companies could apply to serve the City.
	Rev. Johnson stated that the television satellite dishes are becoming increasingly popular.
	There was then some discussion on this topic.
	Mrs. Evans commented on the attended parking lot behind the Capitol on Old Street.  She stated the operating costs is approximately $5,000 per year to maintain this lot.  She suggested putting the parking meters back in.  Following some discussion it was suggested that this topic be placed on a future agenda for discussion at a Council meeting.
	Mr. Jones asked why the bricks put down in front of the Anderson Street Library had been broken up.  The City Engineer replied that they had been installed incorrectly and had to be changed.  Mr. Jones stated this error should
have been caught by the Inspector at the time.  Mr. Jones also briefly discussed the other brickwork being carried on in the Hay Street area.
	Mayor Hurley then recognized Mrs. Milo McBryde in the audience this evening.
	Mayor Hurley reminded the Council of the January 10, 1985, meeting with the North Carolina Legislators.  Mayor Hurley also stated that the new proposed sign ordinance would be before Council shortly.
	Mayor Hurley then thanked the Police Officer for being present this evening.
	Mayor Hurley also commented on the upcoming dedication of the Maiden Lane Park and the naming of it in memory of former Councilman Gene Plummer.
	City Engineer Bennett gave Council a brief report on the progress of the Cliffdale Road-McPherson Church Road intersection.
	Mayor Hurley then stated that he would entertain a motion for an Executive Session.
	Rev. Johnson then offered motion, seconded by Mr. McBryde and carried unanimously that Council enter into Executive Session at 8:50 p.m. to discuss a litigation matter only.
	Council then returned to the Council Chamber and Mayor Hurley adjourned the executive session at 9:15 p.m., reconvened the Council into regular session, and the meeting was adjourned upon motion made and duly seconded.
GOAL SETTING SESSION
SATURDAY, JANUARY 19, 1985
	FAYETTEVILLE CITY COUNCIL
	GOAL SETTING SESSION
	KYLE HOUSE CONFERENCE ROOM
	SATURDAY, JANUARY 19, 1985
	10:00 A.M.
Present:	Mayor Bill Hurley
		Councilmembers Milo Wofford, Milo McBryde (arrived at 10:25 a.m.), J. L. Dawkins, Mildred Evans, and Jimmie Jones
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Suzan K. Cheek, Assistant City Manager
Absent:	Councilmember Aaron Johnson
	Mayor Hurley called the meeting to order and Councilmember Dawkins offered the invocation.  The Mayor explained that the purpose of this session was for Councilmembers to express their goals for the coming year as direction to staff in the development of the 1985-86 Budget.
	Mayor Hurley first introduced Horace Thompson, Chairman of the Revitalization Commission.  Mr. Thompson expressed the Commission's concern over development of the Cross Creek Linear Park and appropriate planning for parking downtown.
	Each Councilmember then listed concerns for the upcoming budget.  There being no further business, the meeting was adjourned at 1:25 p.m.
REGULAR MEETING
MONDAY, JANUARY 21, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, JANUARY 21, 1985
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans, and Jimmie Jones
		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 Chaplain (cpt) Jerome Abraham, let Battalion, 505th Infantry, 82nd ABN Division, Fort Bragg, NC.
	Mayor Hurley then called on Boy Scouts of Troop 959 sponsored by the Elks Lodge to lead the assembly in the Pledge of Allegiance to the flag.
	Mayor Hurley then recognized members of the Fayetteville Youth Council present in the audience to observe proceedings.
	Mayor Hurley stated the City Attorney had requested an executive session at the end of this meeting to discuss a litigation matter.
1.	CONSENT:
	The City Attorney suggested that the public hearing on Item 1F be scheduled for January 28 rather than February 4, 1985.
	Mr. McBryde then offered motion seconded by Mr. Wofford to approve all of the consent items including the change proposed by the City Attorney on Item IF.  Motion carried unanimously.
	The consent items appear below:
A.	Approval of minutes of regular meeting of January 7, 1985.
B.	Approval of Karen Lake Townhouses for preliminary and final zero lot line development review in an R5A residential district for an area located northwest of the intersection of Oakwood Street and Karen Lake Drive.
C.	Approval of preliminary Resolution rescheduling a public hearing for February 18, 1985, to consider the extension of the sanitary sewer collection system and water distribution system into Sandhurst Drive and Walter Reed Road.
	PRELIMINARY RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA INTO SANDHURST DRIVE AND WALTER REED ROAD. RESOLUTION NO. R1985-12.
D.	Approval of Resolution Ordering Destruction of records (Personnel records properly placed on microfilm).
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA ORDERING DESTRUCTION OF RECORDS-PERSONNEL.  RESOLUTION NO. R1985-13.
E.	Approval of Resolution Ordering Destruction of Records (Community Development records properly placed on microfilm).
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA ORDERING DESTRUCTION OF RECORDS-COMMUNITY DEVELOPMENT. RESOLUTION NO. R1985-14.
F.	Set joint Public Hearing for January 28, 1985 with Historic Properties Commission and Fayetteville City Council to consider the designation of the Utley-Tyler House, 916 Hay Street, as an historic property.
G.	Set Public Hearing for February 4, 1985 to consider the Stanberry Court Preliminary Assessment Roll by adoption of a Resolution.
	RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL, AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL-STANBERRY COURT.  RESOLUTION NO. R1985-15.
H.	Authorize the Mayor to execute Piedmont Fuel Farm Lease Agreement by the adoption of a Resolution.
	RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1985-16.
I.	Authorize the Mayor to execute Piedmont Lease for four offices located in the Air Cargo Facility by adoption of a Resolution.
	RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1985-17.
J.	Authorize the Mayor to execute Piedmont Airport Use Agreement by the adoption of a Resolution.
	RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1985-18.
K.	Adoption of Resolutions Fixing Dates of Public Hearing on questions of annexation pursuant to G.S. 160A-31, as amended:
	1.	Petition from Timothy R. Smith.
	2.	Petition from Combined America Properties.
	3.	Petition from Lyle Gardner and M. Durwood Stevenson.
	RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED-PETITION FROM TIMOTHY R. SMITH AND PETITION FROM COMBINED AMERICA PROPERTIES.  RESOLUTION NO. R1985-19.
	RESOLUTION FIXING DATE OF PUBLIC NEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED-PETITION FROM LYLE GARDNER AND M. DURWOOD STEVENSON.  RESOLUTION NO. R1985-20.
L.	Adoption of Resolution Directing the City Clerk to Investigate Petition Received under G.S. 160A-31 from Lairon C. Bullard.
	RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31 LAIRON C. BULLARD.  RESOLUTION NO. R1985-21.
2.	PUBLIC HEARING:
A.	Consideration of a Resolution requiring the paving without a petition of Rowan Street from Seaboard System Railroad to Hillsboro Street.  Adoption of the Resolution was recommended.
	The City Engineer presented this matter and stated that three of the five property owners abutting the section of Rowan Street from Hillsboro Street eastwardly to the dead end petitioned the City for paving.  They do not own a majority of the footage; therefore, the City could not act pursuant to the petition.  On December 17, the Council set a public hearing, to consider paving without petition, for January 21.  We recommend approving the Resolution to pave and adding the project to our continuing street improvement program.  He stated that all property owners had been notified of this public hearing.
	There were neither proponents nor opponents present.
	Following some discussion Mr. Wofford offered motion for adoption of the Resolution as recommended, seconded by Mr. Dawkins, and carried unanimously.
	FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF ROWAN STREET.  RESOLUTION NO. R1985-22.
3.	PUBLIC WORKS COMMISSION MATTERS:
A.	Consideration of a Resolution authorizing condemnation to acquire certain property of Alva C. Rozier and wife, Adelaide T. Rozier; Ortho W. Rozier and wife, Estelle Rozier; Vergie R. Williams and husband, Robert C. Williams; Gurnie T. Rozier and wife, Peggy Rozier; Wayne L. Rozier and wife, Betty Rozier: and Darius S. Rozier and wife, Isabell Rozier.  Adoption of the Resolution was recommended.
	Mr. Tim Wood, Assistant Manager for PWC, presented this matter and stated the condemnation was for the Rockfish interceptor.
	Following discussion Mr. McBryde offered motion, seconded by Mrs. Evans, and carried unanimously to adopt the Resolution.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF ALVA C. ROZIER AND WIFE, ADELAIDE T. ROZIER, ORTHO W. ROZIER AND WIFE, ESTELLE ROZIER; VERGIE R. WILLIAMS AND HUSBAND, ROBERT C. WILLIAMS; GURNIE T. ROZIER AND WIFE, PEGGY ROZIER; WAYNE L. ROZIER AND WIFE, BETTY ROZIER; AND DARIUS S. ROZIER AND WIFE, ISABELL ROZIER. RESOLUTION NO. R1985-23.
B.	Consideration of a Resolution authorizing condemnation to acquire certain property of Julia T. Sanders, widow; and William T. Sanders, single.  Adoption of the Resolution was recommended.
	Mr. Wood also presented this item and stated it was for the Rockfish interceptor.
	Mrs. Evans offered motion for adoption of the Resolution, seconded by Reverend Johnson, and carried unanimously.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF JULIA T. SANDERS, WIDOW; AND WILLIAM T. SANDERS, SINGLE.  RESOLUTION NO. R1985-24.
C.	Consideration of a Resolution authorizing condemnation to acquire certain property of Albert O. McCauley and wife, Marianne W. McCauley; Dickson McLean, Jr., Trustee; and Canal Development Corporation.  Adoption of the Resolution was recommended.
	Mr. Tim Wood also presented this item and stated that it was for the Rockfish interceptor also.
	Mr. Wofford offered motion for adoption of the Resolution, seconded by Mr. Jones, and carried unanimously.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF ALBERT O. MCCAULEY AND WIFE, MARIANNE W. MCCAULEY; DICKSON MCLEAN, JR., TRUSTEE; AND CANAL DEVELOPMENT CORPORATION.  RESOLUTION NO. R1985-25.
D.	Consideration of purchase of chemicals for water and wastewater treatment.  Approval as outlined in the memo was recommended.
	Mr. Tim Wood also presented this matter and recommended approval (a copy of the bid tabulation is attached to the original of these minutes).  Following a brief discussion Mrs. Evans offered motion to follow the recommendation of PWC, seconded by Mr. McBryde, and carried unanimously.
	Mr. Tim Wood then gave a report to the City Council on the power consumption due to the extremely cold weather.  Mr. Wood stated that PWC had broken a record by 30 megawatts use of electric power.  Mr. Wood went on to provide additional statistics for City Council's information.
	Following his report the Mayor and Council thanked Mr. Wood for this interesting information.
4.	PLANNING BOARD MATTERS:
A.	Consideration of Tris Thornton Mini-Warehouse Development in an M2 industrial district for preliminary and final group development review for an area located on the southeast side of Robeson Street, west of the Seaboard Coastline Railroad.
	The Planning Board recommends conditional approval.
	Planner Al Mitchell presented this matter.  He stated that the Planning Board recommended conditional approval per their memo of January 21, 1985.
	Following a brief discussion Mrs. Evans offered motion to follow the recommendation of the Planning Board, seconded by Mr. Wofford.
	There was then some discussion of the matter.
	Mr. McBryde then offered amendment to the motion to delete condition number 8 regarding the right-of-way, seconded by Mr. Dawkins.
	Following some further discussion Mr. McBryde further amended the motion to reserve the 50 foot right-of-way so that the state could purchase the property at a later date.  This substituted amendment was satisfactory with Mr. Dawkins and was carried.
	Mayor Hurley then called for a vote on the amended motion and it carried, Mrs. Evans and Mr. Wofford voting against the motion.
B.	Discussion of Review Process for subdivisions, site plans and group developments.  No action was recommended as this item was for discussion only.
	Planner Al Mitchell presented this matter and gave us some statistics.
	In a memo from the City Manager he stated that last September the Planning Staff discussed this review process with Council at an Information Meeting.  They recommended that the City Council consider the same review process that is used by the County, in which the City Council only reviews upon appeal.  The consensus of Council was that the Council wanted to continue reviewing all development plans.  The Planning Board is proposing that they delegate their review to the staff unless a variance is necessary.  I would suggest that this matter be reviewed in detail either by the Policy Committee or at a Council Information Meeting.
	This matter was discussed by City Council for several moments and it was decided to consider it further at the Information Meeting on January 28, 1985.
5.	Consideration of assessment of two properties on Taft Street (tabled at August 20, 1984 meeting).  Approval of the assessment was recommended.
	The City Engineer presented this matter and stated that on August 20, 1984 the Taft Street assessment roll was presented to the Council.  Two of the property owners which abut Whitfield Road questioned the assessment due to a strip of right-of-way for Whitfield Road previously acquired by NCDOT.  Both property owners have now consented to the proper footage that they should be assessed; and the 25.6 feet which was held up should now be confirmed by the Council.  The two property owners were Mrs. Rosa MacMillian and Mr. W. Edward Murphy.
	Following a brief discussion Reverend Johnson offered motion to follow the foregoing recommendation of the City Engineer and approve the assessments, seconded by Mr. Jones, and carried unanimously.
6.	Consideration of Hamlet Street assessment.  (Continued from 1-7-85).  It was recommended to continue this matter to February 4, 1985.
	The City Engineer presented this matter and stated that at the Scheduled Public Hearing on January 7, to confirm the assessment roll on Hamlet Street, a Mr. Joseph Hall stated complaints on behalf of a Mrs. Brown who owns a corner lot with the address of 1077 Reeves Street.  I have discussed this problem with Mrs. Brown; and, we can correct at least two of the conditions that were stated.
	Mrs. Brown requested that this matter not be on the agenda far tonight because she would be out of town.  We recommend that this item be scheduled for February 4 to accommodate Mrs. Brown.
	Following a brief discussion Mr. McBryde offered motion, seconded by Mr. Dawkins, and carried unanimously to continue the foregoing matter to February 4, 1985 as recommended.
7.	Consideration of awarding City Contract No. 16-316-84, Construction of Various Streets.  It was recommended to award the contract to McDonald Grading Company the low bidder for their bid of $510,361.43.
	The City Engineer introduced this matter and provided statistics for the Council.  (A copy of the bid tabulation is attached to the original of the minutes of this meeting).
	Following a brief discussion Mr. Wofford offered motion to award the contract as recommended, seconded by Mr. McBryde, and carried unanimously.
8.	Consideration of an amendment to Section 5-17(a) of the Fayetteville City Code regarding the sale of alcoholic beverages at the Municipal Market Restaurants.  Adoption of the Ordinance was recommended.
	The City Attorney presented this matter and recommended approval and adoption of the Ordinance.
	He stated it was the same situation as with the Airport Restaurant.
	Following a brief discussion Mr. Wofford offered motion, seconded by Mr. McBryde to adopt the Ordinance as recommended.
	There was then some discussion of this matter and following this Mayor Hurley called for a vote on the motion and it carried, Mr. Jones and Reverend Johnson voting against.
	AN ORDINANCE AMENDING CHAPTER 5, “ALCOHOLIC BEVERAGES," OF THE
	FAYETTEVILLE CITY CODE OF ORDINANCES.  ORDINANCE NO. S1985-1.
9.	Consideration of Resolution authorizing submission of grant application under Urban Mass Transportation Administration Section 9A.
	Adoption of the Resolution was recommended.
	Assistant City Manager Roger Stancil presented this matter and stated that in the memo is a Resolution for Council consideration authorizing the City Manager to file an application for Section 9A funds for transit capital and planning needs.  The apportionment of these special one-time funds for the Fayetteville Urbanized area was $466,000.  We have already applied for and received $270,660 in 1983-84.  These funds were used to rebuild the parking lot of the new maintenance facility and pass through funds to Cumberland County (match provided by them).
	The proposed application is for $96,944 in federal funds to be matched by $12,118 in state funds and $12,118 in local funds.  We propose the local match to be provided from the proceeds of the sale of six buses as discussed at the time of their sale.
	The requested funds would be used as follows:
	1.	Purchase of a microcomputer for $6,000.
	2.	Purchase of four replacement bus engines for $36,000.
	3.	Purchase of two specialized transportation vehicles with wheelchair lifts for $40,000.
	4.	Refurbish roof of maintenance facility for $15,000.
	5.	Planning funds $24,180.
	Following a brief discussion Mrs. Evans moved for adoption of the Resolution as recommended, seconded by Mr. Dawkins, and carried unanimously.
	AUTHORIZING RESOLUTION-URBAN MASS TRANSPORTATION ADMINISTRATION SECTION 9A.  RESOLUTION NO. R1985-26.
10.	APPOINTMENTS:
A.	Nomination to fill one vacancy on the Human Services Commission due to the resignation of Mr. Theodore Kinney.  No nominations were put forth.  However, Mayor Hurley recalled that in October or November a nominee of his, Karen Darlington, had offered to serve on this commission.  The clerk was requested to contact this person to see if she was still interested in serving and this matter would be considered further at the next meeting of the Council.
B.	Election to fill one vacancy on the Board of Trustees, Firemen's Relief Fund.
	Mr. Herman L. Bishop, the incumbent, had been nominated at the last meeting.
	Mr. McBryde then offered motion, seconded by Mr. Jones, and carried unanimously that Mr. Herman L. Bishop be reappointed to the Firemen's Relief Fund for a two-year term of office, said term to run to January 1987.
11.	DELEGATIONS:
	There were none.
	Mayor Hurley then stated that the Council was happy to have the Boys Scouts present tonight to lead the assembly in the Pledge of Allegiance to the flag.  He invited them to come back at any time.
12.	ADMINISTRATIVE REPORTS:
A.	Report of statement of taxes from Cumberland County Tax Collector.
	The City Manager stated the report for the month of December 1984 had been received and should be noted in the minutes of this meeting.
B.	Discussion of Anderson Street parking lot.
	The City Manager gave updated figures for two attended lots.  He stated it they were operating on a break even basis.  He stated that revenues vary from month to month.  He stated the Anderson Street lot was opened in September 1983.  He stated that it operated on a deficit.  He stated that meters could be placed in the lot if desired.  He presented Council with several options.  He stated that the City could sell or lease the lot to someone to operate.  He concluded by stating that his recommendation was to keep the attended lot on Anderson Street open for now or open it as a free lot.  He stated, finally, that Council may want to discuss this matter further at their Information Meeting.
	Remarks were offered by Mrs. Evans concerning this matter as well as Reverend Johnson who suggested to keep the lot as it is.
	Following some further discussion of this matter it is decided to consider it at a later date, possibly the Information Meeting.
C.	Report on N.C. Department of Transportation Improvements 1985-1994.
	The City Manager informed Council that this report is in the agenda packet.  However, in a memo from the City Engineer he stated copies of the Urban Transportation Improvement Projects in the Fayetteville area are attached to the memo.  Please note the computerized signal system is funded for FY 86, with 50% ($1 million) of the funds to be provided by the City of Fayetteville.  The only other new project scheduled are Sycamore Dairy Road Relocation and the CBD Loop, both of which get funding beginning with FY 85.
	The City Manager reminded Council of the Information Meeting scheduled for next Monday evening at 7:00 p.m., January 28, 1985.
13.	MATTERS OF INTEREST TO THE COUNCIL:
	Reverend Johnson stated that there was a shortage of decent housing in the City for low income and elderly persons.  He suggested the appointment of a task force to study providing low cost housing and that such task force be a Mayor's committee.  This was discussed for several moments.
	Mr. Dawkins stated that the railroad tracks on West Russell at the Farmers Market are in bad shape and need some attention.  Mayor Hurley stated he would contact the railroad concerning this.
	Mr. Wofford offered remarks on the Cablevision revenue to the City and suggested that the City Manager draft a bill or invoice to Cablevision and that Council look at it at the Information Meeting.  The City Manager stated he would do this.  Mr. Wofford stated the Council can then take action at that time if desired.
	Mayor Hurley offered that Fayetteville Cablevision is providing a good service to the community.
	Mr. Jones requested the City Manager to check on the connecting covered walkway proposed at the Senior Citizens Service Center on Blue Street.  The City Manager stated that he was looking at the budget and at bids at the present time and would provide information on this at a later date.
	Mayor Hurley reminded Council of the forthcoming announcement from American Airlines this Wednesday afternoon at 2:30 p.m. at the Airport.
	Mayor Hurley then recognized City Engineer Bob Bennett, requested that he come to the front of the council chamber and then presented him with a 25 Year Service Pin.  Mr. Bennett received a standing ovation from those present in the council chamber.
	Mayor Hurley stated that he would then consider a motion to enter into executive session.  Mr. McBryde moved, seconded by Mr. Dawkins, at 8:30 p.m. that Council enter into executive session to discuss a litigation matter only.  Motion carried unanimously.
	The City Council then returned to the council chamber and Mayor Hurley adjourned the executive session at 10:00 p.m., reconvene the Council into regular session and adjourned upon motion made and duly seconded.
RECOMMENDATIONS ON WATER/WASTEWATER CHEMICALS
BIDS RECEIVED JANUARY 8, 1985
After consideration of all bids received, the following evaluated bids are recommended for acceptance by the Commission:
Please Note:  To view the tabulation of bids, please see Book V, page 474, of the City of Fayetteville Meeting Minutes.
INFORMATION MEETING
MONDAY, JANUARY 28, 1985
	FAYETTEVILLE CITY COUNCIL
	INFORMATION MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, JANUARY 28, 1985
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans, and Jimmie Jones
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
	Mayor Hurley called the meeting to order and Councilmember Johnson offered the invocation.
	Mayor Hurley then stated that the joint public hearing by the Fayetteville City Council and the Historic Properties Commission to consider adoption of an ordinance designating the Taylor-Utley House as a historic property was convened.  Mrs. Rosalie Kelly, Vice-Chairman of the Historic Properties Commission, addressed the Council and recommended the adoption of this ordinance.  No one appeared to speak for or against the adoption of the ordinance.  Councilmember Evans offered a motion, seconded by Councilmember Dawkins, to adopt the ordinance.
	AN ORDINANCE DESIGNATING THE TAYLOR-UTLEY HOUSE AS AN HISTORIC PROPERTY PURSUANT TO SECTION 2-54 OF THE FAYETTEVILLE CITY CODE.  ORDINANCE NO. NS1985-1.
	Mayor Hurley then introduced Reverend Sandy Saunders, Chairman of the Parks and Recreation Advisory Commission.  Reverend Saunders stated that the purpose of their presentation was to explain the proposed implementation strategy of the Recreation Master Plan.  Reverend Saunders then introduced Jack Wilson, Director of Parks and Recreation to present the proposed strategy and discuss the proposed contract with Economics Research Associates (ERA) to investigate the private venture capital endeavors of the master plan.  City Council asked the City Manager to bring them a recommendation on the funding of the proposed contract with ERA at the next Council meeting.
	Mayor Hurley then recognized Al Mitchell of the Joint Planning Board staff who discussed the proposed changes in the subdivision review process.  After some discussion, the Council asked the City Manager to place on their next meeting agenda an amendment to the subdivision ordinance eliminating City Council and Planning Board review of subdivision plans except when variances are involved or there are differences of opinion concerning conditions placed on the subdivision development.  Council also asked that the required notice to surrounding property owners be eliminated and that they be supplied a summary from the planning staff of all subdivision reviews on a monthly basis.
	City Manager John Smith then discussed the Anderson Street parking lot and the operation of parking facilities in general.  Mr. Smith indicated that the parking lot behind Social Services will be rehabilitated with the construction of the Prince Charles Hotel.  He also recommended that beginning with the 1985-86 fiscal year that any deficits occurring in the parking facilities fund be funded from the downtown special district tax rather than the general fund.
	The City Manager then presented information concerning the Cablevision franchise.
	Assistant City Manager Roger Stancil presented the proposed plan to remove the layer of brick columns from the wall around the Market House.  This is recommended as a temporary measure for better safety until Paul Lu submits his plan for the Market House.  This proposal has been reviewed and recommended by the Historic and Scenic Sites Commission, the Revitalization Commission, and the Appearance Commission.  There was no objection from Council proceeding with the proposal.
	There being no further business, the meeting was adjourned at 9:15 p.m.
REGULAR MEETING
MONDAY, FEBRUARY 4, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, FEBRUARY 4, 1985
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans, and Jimmie Jones
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order.  Mayor Hurley thanked Mr. Ronald Loftis, New South River Baptist Association and commended the Association for the renovation of the former County Health Department building on Person Street to be used for ministries.  He then called on him for the Invocation.  Following the Invocation, Robert Rozier, Jr., Cub Scout Pack 29, sponsored by Lewis Chapel Baptist Church, led the Pledge of Allegiance to the Flag.
	Mayor Hurley then recognized Scouts from Troop 759 and Troop 704 and stated this is Scouting Week.
	Mayor Hurley then recognized Captain Brewer H. Autry, Fire Department and presented him with a 25 year Service Pin.
	Mayor Hurley stated the City Attorney had requested an Executive Session to discuss a litigation matter at the end of this meeting.
	Mr Dawkins requested and received permission to abstain from discussion and voting on Item No. 3 on the Agenda.
1.	Consent:
	Mr. McBryde offered motion, seconded by Mr. Wofford and carried unanimously to approve all Consent Items.
	The Consent Items appear below:
A.	Approval of minutes of goal setting session held on January 19, 1985. 
B.	Approval of minutes of regular meeting of January 21, 1985. 
C.	Approval of minutes of information meeting on January 28, 1985.
D.	Approval of a request for refund of City taxes to Ruth O. Hutchinson in the amount of $44.20.
E.	Approval of a request for a refund of City taxes to James. M. Thompson and wife, Sarah, in the amount of $86.45.
F.	Approval of a request for a refund of City taxes to Linda Y. Santos and husband, Oscar, in the amount of $84.00.
G.	Approval of request for a refund of City taxes to Tina Lynne Ivey in the amount of $68.17.
H.	Award contract for purchase of eight (8) outdoor interrupter switches to Rigby Electric Supply Company, the low bidder.  (PWC) for $12,704.
I.	Award contract for purchase of three (3) portable air compressors to Mitchell Distributing Company, the low bidder.  (PWC) for $18,743.75.
J.	Award contract for purchase of High Pressure Sodium Lamps, Conversion Kits and Luminaries to Power and Telephone Supply Company and Wesco, the low bidders. (PWC) for various sizes.
K.	Award contract for purchase of two (2) 24,000 lbs. GVW Trucks with flat body to Edmac Truck Sales and Service, the low bidder.  (PWC) for #33,259.02. 
L.	Adoption of Resolution Directing the City Clerk to Investigate Petition Received under G.S. 160A-31 from Combined America Properties.  (Former D.R. Allen office).
	RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31.  RESOLUTION NO. R1985-27.
M.	Adoption of Resolution Fixing Date of public Hearing on question of annexation pursuant to G.S. 160A-31, as amended (Lairon C. Bullard).
	RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED.  RESOLUTION NO. R1985-28.
2.	Public Hearings:
A.	Consideration of an application by the Fayetteville Prince Hall Masonic Corporation for a special use permit as provided for by the Fayetteville Zoning Ordinance, Article IV, Section 32.25 (1) to operate a private club on a nonprofit basis in an R5 residential district for an area located on the north side of Cumberland Street, east of Murchison Road.  Approval subject to conditions was recommended.
	Planner Mitchell presented this matter and stated the Planning Board recommended conditional approval subject to the four conditions in the memo.
	Reverend Johnny Banks representing the Masonic Corporation was recognized in favor of the petition.
	There was no opposition.
	Mrs. Evans offered motion to approve the special use permit subject to the conditions, seconded by Mr. Jones.
	Mr. McBryde suggested condition No. 5 be for Masonic Lodge and no alcoholic beverages sold.
	Mayor Hurley also mentioned that the property bordered Cross Creek and the proposed Linear Park.
	Planner Mitchell proposed waiting for further development of the Park plans.
	Reverend Johnson offered an amendment to the motion to require evergreen shrubs along parking and driveways of the property as conditional approval and be approved by the Planning staff.  The amendment was seconded by Mr. Dawkins.
	Mr. Mitchell suggested that condition No. 5 be that the permit is limited to a Masonic Lodge use only and no alcoholic beverages be permitted on the premises.
	Mayor Hurley then called for a vote on the amendment and it was unanimous in favor.
	Mayor Hurley then called for a vote on the main motion and it was unanimous in favor.
B.	Consideration of adoption of an Ordinance extending the corporate limits of the City of Fayetteville, North Carolina (Weatherstone Apartments).  Adoption of the ordinance was recommended.
	Assistant City Manager Roger Stancil presented this matter and gave statistics.
	There were no proponents present.
	Mr. Clinton Harris, a local citizen, was recognized in opposition because of voting strength, diluted minority voting strength, and no one man - one vote.
	There was then some discussion.
	Mr. McBryde then offered motion of approval of the annexation by the adoption of the ordinance.  Motion seconded by Mr. Dawkins and carried unanimously.
	AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (WEATHERSTONE APARTMENTS).  ORDINANCE NO. 85-2-292.
	Mayor Hurley then recognized Mr. Arthur Mendelis of the Atlanta Engineering Firm who designed the Hay Street Mall, who is in the City to plan the dedication and opening of the Mall.
C.	Consideration of adoption of Ordinance extending the corporate limits of the City of Fayetteville, North Carolina (Combined America Properties; Timothy R. Smith).  Adoption of the ordinance was recommended.
	Assistant City Manager Roger Stancil presented this matter and gave statistics.
	Mr. Mike Prince, 422 Brightwood Lane, representing the owners of the property, was recognized and requested approval.
	Mr. Clinton Harris, a local citizen, was again recognized in opposition to this annexation for the same reasons as in the previous matter.
	Following brief discussion, Mr. McBryde offered motion to approve this annexation by adoption of the ordinance, seconded by Mr. Wofford and carried unanimously.
	AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA - COMBINED AMERICA PROPERTIES.  ORDINANCE NO. 85-2-293.
D.	Consideration of adoption of Resolution confirming the Assessment Roll for water and sanitary sewer utilities constructed in Stanberry Court area.  Adoption of the resolution was recommended.
	PWC Manager Tim Wood presented this matter and requested approval.
	There were no proponents.
	Mrs. Ollie Mae Council, Stanberry Court resident, was recognized in opposition.  She stated she didn't know she would have to pay for this work and does not have the money due to health problems.
	Following some discussion, the City Attorney suggested that she contact his office to discuss deferred payments.
	Mr. Wofford then offered motion for approval by adoption of the resolution at 8:10 p.m., seconded by Mr. McBryde and carried unanimously.
	RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENT - STANBERRY COURT.  RESOLUTION NO. R1985-29.
E.	Consideration of adoption of Resolution continuing the Downtown Redevelopment Loan Program.  Adoption of the resolution was recommended.
	The City Manager presented this matter and stated on September 13, 1982, the Fayetteville City Council approved the Downtown Fayetteville Loan agreement between the City of Fayetteville, Fayetteville Progress, Inc., and various local banks.  The agreement was for the period of one year.  The program was renewed on December 19, 1984.  All parties have expressed intention to renew again the agreement for an additional twelve months.  The committed amount will be $5.7 million dollars.
	Action by the City Council is necessary to extend the City's participation in the Downtown Fayetteville Loan Program.  Council action necessary to adopt the resolution to extend the Downtown Fayetteville Loan agreement is recommended.
	Martha Hayes, a Hay Street businesswoman, was recognized in favor and with questions.
	Mr. John Monaghan, President of Fayetteville Progress, Inc., was recognized in favor and requested approval.
	Following brief discussion, Mrs. Evans offered motion for approval by adoption of the resolution, seconded by Reverend Johnson and carried unanimously.
	RESOLUTION EXTENDING THE DOWNTOWN FAYETTEVILLE LOAN AGREEMENT.  RESOLUTION NO. R1985-30.
	This completed the public hearings.
3.	Consideration of a request to reduce the speed limit on Ellington Street to 25 miles per hour.
	Mr. McBryde offered motion to approve the reduction of the speed limit on Ellington Street from 35 miles per hour to 25 miles per hour as requested.  Motion seconded by Reverend Johnson.
	Mr. Wofford suggested that the City Council consider the possibility of lowering the residential speed limit in the City to 25 miles per hour and then determine those streets where a higher speed limit is safe and so mark these streets and have our City be a 25 mile per hour City except where posted otherwise.
	Mayor Hurley then called a vote on the motion and it carried, Mr. Dawkins abstaining to vote.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL - ELLINGTON STREET. ORDINANCE NO. NS1984-4.
	There was then a discussion of Mr. Wofford's suggestion and it was referred to the Policy Committee for a recommendation.
	Mayor Hurley then recognized Jerry Meek, a student, who made recommendation to the City Council in reference to FTI.  He stated he cannot attend FTI because he is under 18 years of age.  He requested City Council to write a letter to the State Department of Education regarding this.
	Mayor Hurley stated to Jerry that the City Council will write such a letter.
4.	Consideration of granting utility easement to Carolina Telephone and Telegraph Company on Airport property.  It was recommended to authorize the Mayor to execute the easement.
	The City Manager presented this matter and stated that it had been approved by the Airport Commission and FAA.
	Mrs. Evans then moved for approval as recommended, seconded by Reverend Johnson.
	Mr. Wofford suggested that City Council consider requiring payment for easements over City property.  The City Manager was requested to check on future requests.
	Mayor Hurley then called for a vote on the motion and it carried unanimously.
5.	Consideration of Assent for installation of equipment and facility by Flight Unlimited, Inc.  It was recommended to authorize execution of assent.
	The City Manager presented this matter and stated that it is changing of the name on the assent agreement.
	Mr. Jones offered motion to authorize the assent as recommended.  Seconded by Mrs. Evans and carried unanimously.
6.	Consideration of Demolition Ordinance for structure located at 1705 Seabrook Road.  Adoption of the resolution was recommended.
	Walter Haire of the Inspection Department presented this matter and stated that City Council had considered it three months ago and granted a ninety day extension.  He read a letter from Mr. Hector McGeachy, an attorney, representing
Mrs. Hunt, part-owner, who has not been able to contact the other owner about sharing the cost to fix the property.
	There was then some discussion of this matter.
	Mr. Dawkins then offered motion to give a thirty day extension and put the matter on the agenda for the March 4th meeting, seconded by Mrs. Evans.
	Mr. Wofford asked Mr. Haire if he had gotten the word of City Council's desire on commercial property to treat commercial property as we treat residential property.
	Mr. Haire stated he did and had started on Hay Street, but it will be difficult since most property owners are out of State.  Mr. McBryde requested a progress report once a month.  Mr. Haire stated we can be successful in this matter if the City Council will support him.  Mr. Wofford stated that they would.
	Mayor Hurley then called for a vote on the motion and it carried unanimously.
	Mayor Hurley then recognized Public Works Commissioner, Robert Williams in the audience.
7.	Consideration of Demolition Ordinance for structure located at 618 Frink Street.  Adoption of the ordinance was recommended.
	Walter Haire of the Inspection Department also presented this item and stated that the property owner will repair the property and recommended an extension to allow this.
	Mr. W. B. Smith, owner of the property was recognized, and stated he has received funds to start repairs.  He requested a ninety day extension.
	Mr. McBryde offered motion to grant the ninety day extension as requested, seconded by Mr. Jones and carried unanimously.
8.	Consideration of Ordinance imposing a lien against the property located at 602 Cumberland Street.  Adoption of the ordinance was recommended.
	Walter Haire of the Inspections Department presented this matter and stated that $625 was the bid for demolition.
	Mrs. Evans offered motion for adoption of the ordinance at 8:20 p.m., seconded by Mr. Jones.
	Mr. Wofford suggested adding on a service charge to the cost of demolition of these properties since it costs the City money to process.  He suggested an amount of $100 to $200 for each one.  The City Attorney stated that this could be done.  The City Manager stated that it may take an ordinance amendment and that he would check this and come back with a recommendation.
	Mayor Hurley the called for a vote on the motion and it carried unanimously.
	AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN CITY OF FAYETTEVILLE, NORTH CAROLINA, 602 CUMBERLAND STREET IN THE AMOUNT OF $625.  ORDINANCE NO. NS1985-2.
9.	Consideration of ordinance imposing a lien against the property located 3305 Morganton Road.  Adoption of the ordinance was recommended.
	Mr. Walter Haire of the Inspections Department also presented this item and recommended approval.  He stated the amount had been increased due to the additional buildings in the rear of the residence.
	Following discussion, Mr. McBryde offered motion for adoption of the ordinance at 8:25 p.m., seconded by Mr. Wofford and carried unanimously.
	AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN CITY OF FAYETTEVILLE, NORTH CAROLINA, 3305 MORGANTON ROAD, $1,800.  ORDINANCE NO. NS1985-3.
10.	Consideration of award of contract for construction of Street Maintenance Facility.  It was recommended to award the contract to the low bidders.
	The City Engineer presented this matter and read the list of the low bidders and gave explanation. (The City Engineer's memo is attached to the original minutes of this meeting).
	There was then some discussion of this matter.
	Following this, Mr. McBryde offered motion to approve the low bidders as requested, seconded by Mr. Wofford and carried unanimously.
11.	Consideration of Hamlet Street Assessment (deferred from January 7, 1985).  Adjustment of the assessment was recommended.
	The City Engineer presented this matter and gave an explanation. (The City Engineer's memo is attached to the original minutes of this meeting).
	Following some discussion, Mr. Wofford offered motion to adopt the adjusted assessment as recommended by the City Engineer on the Brown property.  Motion seconded by Mr. Jones and carried unanimously.
12.	Consideration of Inter-local Purchasing Agreement with the City of Wilmington.  It was recommended to authorize the Mayor to execute the agreement.
	Assistant City Manager Roger Stancil presented this matter and stated that the Engineering Department was budgeted $3,200 in the 1984-85 Budget for the purchase of two electronic turning movement counters.  They have been in contact with the City of Wilmington who has received bids for such equipment.  The Wilmington request for bids was based on joint participation by the cities of Fayetteville, Wilmington, Greensboro, Durham, Winston-Salem, and Mecklenburg County.  This joint purchasing would result in a 10-15 percent savings in cost.
	In order for us to buy the equipment bid by the City of Wilmington, the Interlocal Purchasing Agreement must be approved by City Council.  We recommend that the Council authorize the Mayor to execute this agreement.
	Following brief discussion, Mr. Wofford offered motion for approval as recommended, seconded by Mr. Dawkins and carried unanimously.
13.	Appointments:
A.	Election of Mrs. Karen L. Darlington to the Human Services Commission.
	Mr. Dawkins offered motion, seconded by Mr. McBryde and carried unanimously for the appointment of Mrs. Darlington to the Human Services Commission for a two year term of office, said term to run to March, 1987.
	Nominations to fill one vacancy on the Recreation and Parks Advisory Commission.
	The City Manager stated to Council at their last information meeting it was recommended that someone representing the educational community be considered for this appointment.  Mr. Wofford then moved to table this item 13B, seconded by Mr. Jones and carried unanimously.
14.	Delegations or individuals wishing to address Council:
	Mr. George W. Breece from Rogers and Breece Funeral Home, was recognized to ask each Council member to consider compassion for a gentlemen who has worked hard for the City as a contract person digging graves in the City cemeteries for some thirty years.  His name is John McNeill, known to most as “Big Baby".
	Recently he was called to Cemetery office and told that the next day would be his last day.  He has dug graves and the City has charged the funeral homes who have paid the City, but he was paid by the City.  So he has been in limbo.  He has been a good grave digger through the years.  He is a man of honor and he loves his job.  I ask that you consider doing whatever you can to help John McNeill.  Thank you.
	Mayor Hurley thanked Mr. Breece.
	A Mr. Donald Fuller was then recognized and stated he had a problem where he lives concerning the sale of drugs in his neighborhood.  The Police Department knows it is going on and has investigated it, but a house across the street does more business than the A & P and I am sick and tired of it.  I hear vulgar language, cars going day and night, and the situation is very bad in general.  It appears that nobody wants to do anything about it.  One man has already died from an overdose.  I have several small children who see this activity.  I called the Police Department today and the Sergeant in charge of narcotics if you could do more than we can, then go ahead, and I think I can, but I'm not employed by the Police Department.  I live on McDaniel Street and I wanted to bring this to your attention.  I want something done about it.
	Mayor Hurley thanked Mr. Fuller and requested the City Manager to check into this.
	Reverend Johnson then requested recognition and asked that a letter he had written to City Council be read.
	Mayor Hurley then read the following letter:
	February 4, 1985
	To:	Mayor Bill Hurley, Councilman J. L. Dawkins, Councilman Milo McBryde, Councilwoman Mildred Evans, Councilman Jimmie Jones, Councilman Milt Wofford
	Fellow Councilmembers:
	This letter comes as my official resignation from the Fayetteville City Council effective immediately.
	I have enjoyed immensely working with each one of you through the years.  I am most grateful to the citizens of Fayetteville for giving me the opportunity to serve them as one of their public servants.  I shall always remember yours and the people's kindness.
	I wish for you and the City administration the best.
	With regrets,  Aaron J  Johnson.
	Mr. Dawkins then moved that we accept the resignation of Reverend Aaron J. Johnson from the Fayetteville City Council with deep regret and with God speed.  Motion seconded by Mrs. Evans.
	Mr. Jones stated that City Council out of our own pockets should give Reverend Johnson a nice dinner and gift to show our appreciation for the job that he has done for the City.
	This was discussed for some moments and a function at the Kyle House, open to the Public was considered.
	Mr. McBryde stated that five years ago he and Aaron sat together as members of this Council for the first time.  In those five years there has been no better Councilmember and I have had no better friend.  I have enjoyed serving with him and I really hate to see him go.
	Mr. Wofford echoed Mr. McBryde's sentiments.
	Mr. Dawkins stated Reverend Johnson was one of the main reasons Fayetteville came through some very trying times.  He is truly a fine gentleman, and he is only on loan to Governor Martin in Raleigh.
	Mrs. Evans stated she will miss her seatmate and wished Reverend Johnson good luck and vaya con dios.  (Go with God).
	Mayor Hurley stated that sometimes the Council has disagreed but they have not been disagreeable.  They have worked well together and that's a compliment to all of us.  And Aaron, as I look back, you have been with your wisdom and diplomacy, able to keep us in that posture and to keep us moving on.  And, sir, I will always admire you and be one of your fans and as Mr. Dawkins said, we are only lending you to Raleigh.  And while you are there, keep looking after our great City.
	Reverend Johnson then thanked the Council for their remarks.
	Mayor Hurley then called a vote on the motion and it carried with one abstention.
	Mrs. Evans then offered a nomination for Reverend Johnson's seat.  The individual who was next on the ballot - Mrs. Emaretta T. Felton.  Nomination if seconded by Mr. McBryde.
	Council decided to carry the appointment over to the next meeting on February 18th.
	Mayor Hurley recognized Mrs. Felton in the audience and invited her to bring members of her family to the next meeting.
15.	Administrative Reports:
	There were none.
	Mr. Jones asked about Mr. John McNeill discussed earlier and Mayor Hurley stated this was recommended to Mr. Smith and to Personnel.  The City Manager stated he would give a report at the next meeting.
	Mr. Dawkins stated he noticed there was not a Police Officer present this evening.
16.	Matters of Interest to the City Council:
	Mr. McBryde asked if the brick crew doing the sidewalks was not coming back.  The City Engineer replied in the affirmative.
	Mr. McBryde asked about paving the street going into the cemetery and the City Engineer stated he would get a report on this.
	Mr. Wofford mentioned the traffic signals on Old Street.  The City Engineer stated the signal was needed at the Anderson Street intersection for the vehicles exiting from the First Citizens Bank parking deck.  Traffic signals for this location at Old Street and Green Street was discussed for a few moments.  Mrs. Evans stated that the Council had made history tonight.  For the first time more than one woman will be on the City Council.
	Mr. Jones stated that he has had a complaint about two gas tanks being in the ground in a residential area and asked if we did not have an ordinance on this.  He stated he would like to take an Inspector out to look at it.
	Mr. Jones asked about the burned house behind the Pizza Hut on Grove Street.  He stated it looks bad and should be cleared.
	Mr. Jones stated he had received complaints from residents of College Lakes that no City Police cars had been patrolling the area apparently but that Sheriff's Deputies cars had.  He requested that City Police cars turn on their blue lights when patrolling this area.
	Mr. Jones commented on the junk on Gillespie Street.
	The Mayor stated that several months ago a proposed City logo design had been submitted and asked about the progress.  Following brief discussion, Mrs. Evans suggested that a City-wide competition be held for the design of a logo and that the City give a prize to the winner.
	Mayor Hurley stated at the goals-setting session we talked about a sidewalk ordinance.  Mrs. Evans stated that this matter would be considered at a Policy Committee meeting when the necessary information is received.
	Mayor Hurley stated that Council should give consideration to the seating arrangement when Mrs. Felton takes her seat at the next meeting.  He stated this will be done at that meeting.
	Mr. McBryde then moved for an Executive Session at 9:00 p.m. for discussion about possible litigation with Cablevision.   Motion seconded by Mr. Jones and carried unanimously.
	Mayor Hurley then adjourned the Executive Session at 9:18 p.m., reconvened into regular session, and, adjourned upon motion made and duly seconded.
MEMORANDUM
JANUARY 31, 1985
TO:		Mr. John P. Smith, City Manager
FROM:	Robert M. Bennett, City Engineer
SUBJ.:	City Contract #10-310-84 -- Construction of Street Maintenance Facility
On January 11th and January 25th, bids were opened for the construction of a Street Maintenance Facility.  Bids are tabulated below.
			General Contractors			Bid Amount
		*	D.W. Ward Construction		$ 120,734
			Triax, Incorporated			  129,028
			Sanford Metal Building Systems	  129,417
			D.F. Tally Construction Co.		  132,366
			Ellis-Walker Construction Co.		  134,998
			Smell Engineering Company		  138,724
			Bullard Construction Co.		  139,800
			F.R. Bray Construction Co.		  148,000
			Sigma Construction Company		  201,600
			Mechanical Contractors
		*	Refrigeration & Heating Co.		    7,790
			Cape Fear Heating & AIC Co.		    7,947
			Bass Refrigeration & Htg. Co.		    8,445
			Electrical Contractors
		*	Bobby Townsend Electric Company	   19,400
			King Electric of Fayetteville		   21,747
			Watson Electric Company		   25,907
			Plumbing Contractors
		*	Haire Plumbing Company		   24,145
			Jones Plumbing Company		   29,968
REGULAR MEETING
MONDAY, FEBRUARY 18, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, FEBRUARY 18, 1985
	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 Manager3
		Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and welcomed everyone present.  He stated this was an historic meeting.  He then called on the Reverend Albert Shuler, pastor of John Wesley United Methodist Church for the invocation.  Following the invocation, Scout Chris Boone, Troop 706, Highland Presbyterian Church led the Pledge of Allegiance to the Flag.
	Following this, Mayor Hurley extended thanks to Reverend Shuler and to Scout Boone for their participation.
1.	Acceptance of resignation from Councilmember Reverend Aaron Johnson.
	Mr. Dawkins offered motion to accept the resignation of Reverend Aaron J. Johnson with deepest regret and God Speed, seconded by Mr. McBryde and carried unanimously.
2.	Election to fill vacancy on the City Council.
	Mayor Hurley asked if there were nominations other than Mrs. Emaretta Felton.  There were none so he declared nominations closed.
	Mrs. Evans then offered motion to appoint Mrs. Emaretta T. Felton to the City Council, seconded by Mr. McBryde and carried unanimously.
3.	Swearing in of new Councilmember by Chief District Court Judge Sol. G. Cherry.
	Mayor Hurley recognized Judge Cherry who administered the Oath of Office to Mrs. Felton.  Following a vigorous round of applause, Mrs. Felton was then seated with the City Council.
	Mayor Hurley then called on Mrs. Felton to introduce her husband, Mr. Albert Felton and members of her family present in the audience.  Mrs. Felton stated that she would do the very best that she could as a member of the City Council.
4.	Consent:
	Mr. McBryde offered motion, seconded by Mr. Wofford and carried unanimously to approve all consent items A-K.  The Consent Items appear below.
A.	Approval of minutes of regular meeting of February 4, 1985.
B.	Approval of a request for a refund of City taxes to Peggy Merchant in the amount of $14.27.
C.	Adoption of Resolution Fixing Date of Public Hearing on question of annexation pursuant to G.S. 160A-31, as amended. (Combined America Properties, Inc.).
	RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED.  RESOLUTION NO. R1985-31.
D.	Set Public Hearing for March 18, 1985, to consider the closing of Berma Court by the adoption of a resolution.
	PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE BERMA COURT.  RESOLUTION NO. R1985-32.
E.	Award contract for purchase of approximately 12,000 feet of 8" Class 150 PVC Water Pipe to Pump and Lighting Company, the low bidder (PWC) for $46,320.
F.	Award contract for purchase of one 35,000 lb. GVW Truck, cab and chassis to Edmac Truck Sales and Services, Inc., the low bidder, (PWC), for $20,505.27.
G.	Award contract for purchase of one 48-inch industrial sweeper to Tennant Company, the low bidder, (PWC), for $13,822.16.
H.	Approval of Arlington Arms Apartments in an R6 residential district for preliminary and final group development review for an area located south of Arlington Avenue, east of Cheselka Street.
I.	Approval of Garden Condominiums in an R5A residential district for preliminary and final condominium development revision review for an area located on north side of Tree Top Drive, east of Raleigh Road.
J.	Approval of Broadwell Land Company property in an R10 residential district for preliminary and final subdivision review for an area located north of Cliffdale Road, east of McPherson Church Road and west of Branson Creek.
K.	Approval of sale of Humphrey Street/McIver Street property to Norwood O. Thompson for $500.00 by the adoption of a resolution.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1985-33.
5.	Public Hearings:
A.	Consideration of a resolution ordering an extension of the Water Distribution System and Sanitary Sewer Collection System into Sandhurst Drive and Walter Reed Road.  Adoption of the resolution was recommended.
	PWC Manager Tim Wood was recognized and recommended approval.
	There were neither proponents nor opponents present.
	Mr. Wofford moved for adoption of the resolution as recommended, seconded by Mr. Dawkins and carried unanimously.
	FINAL RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM OF THE CITY OF FAYETTEVILLE, NC INTO SANDHURST DRIVE AND WALTER REED ROAD.  RESOLUTION NO. R1985-34.
B.	Consideration of adoption of Ordinance extending the corporate limits of the City of Fayetteville, North Carolina (Lairon C. Bullard).  Located at the southeast corner of intersection NC 87 and US 301.  Adoption of the ordinance was recommended.
	Assistant City Manager Roger Stancil presented this matter and gave statistics on the area petitioned for annexation.  He stated the Annexation Management Team recommended approval of the annexation.
	Mr. Lairon C. Bullard of Hope Mills, NC was recognized and requested the annexation.
	Mr. Clinton Harris, a local citizen, was recognized in opposition due to the voting strength and the one man, one vote system.
	Following some discussion, Mrs. Evans offered motion for adoption of the ordinance of annexation, seconded by Mr. Jones and carried unanimously.
	AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NC, SOUTHEAST CORNER OF INTERSECTION OF NC 87 AND US 301.  ORDINANCE NO. 85-2-294.
	Mayor Hurley stated this ended the public hearings.
6.	Planning Board Matters:
	Mayor Hurley stated that he had a request from an individual to speak on the next matter.
A.	Consideration of Highland Villas in an R6 residential district for preliminary and final zero lot line development revision review for an area located on the south side of Pamalee Drive (U.S. 401 Bypass), east of Cain Road.  Planning Board recommended conditional approval.
	Planner Al Mitchell presented this matter and stated the Planning Board recommended conditional approval per the memo in the agenda packet.
	Mayor Hurley recognized Mr. Jim Pettinger, Forest Hill Drive, who stated he was concerned with the 100 year floodway.  He stated his property was next to the Highland Villa's property.  He requested the 110 feet be maintained so that water will not be diverted onto his property.
	Mr. Mitchell stated that this was all covered in condition no. 9 of the memo.
	Mayor Hurley recognized Mr. Frank Edwards, owner of the property, who stated that he had consulted with the City Engineer and that elevation is the main factor at this site.  He stated he would keep and maintain all rules and regulations of City government concerning this matter.
	Following brief discussion, Mrs. Evans offered motion to follow the recommendation of the Planning Board and approve the site conditionally.  Motion seconded by Mr. Dawkins.
	There was then a detailed discussion of Condition No. 9 in the Planning Board memo.
	Following this discussion, Mr. Wofford offered a substitute motion that we approve with the exception of Condition No. 9 where we will accept either 110 feet from the center line of the creek or 133 feet contour and any other provisions that will keep us in compliance with the flood management ordinance.  Motion seconded by Mrs. Evans and carried unanimously.
B.	Consideration of revision to the Subdivision Ordinance.  The recommended action was to set a public hearing for March 18, 1985.
	Planner Al Mitchell presented this matter and stated that it was a revision of the Subdivision Ordinance which allows the Planning Department to approve subdivisions and group developments with the appeals process to the Planning Board and City Council.  He requested that Council set the public hearing.
	Mrs. Evans then moved, seconded by Mr. Wofford and carried unanimously to set a public hearing on the foregoing matter for March 18, 1985.
7.	Consideration of a request from Eutaw Shopping Center to landscape the Bragg Boulevard median strip between Stamper Road and Elm Street.
	Mayor Hurley recognized Mr. Bill Tucker, President of the Eutaw Merchants Association who introduced Mr. Bob Williams, who presented details of the request.
	The City Manager presented cost figures and stated that the shopping center owners want to share in the cost of landscaping the median strip.  Eutaw proposes to pay for all planting and to provide future maintenance of the plants and irrigation system.   It is proposed that the City would provide the electrical and water service including any extensions to the median strip.  There is an existing water main under the median that can be tapped for water service.  Electrical service would have to be extended from the margin of Bragg Boulevard by underground bore to the median strip.  NCDOT will have to approve this request and on behalf of the shopping center it has been forwarded to the local office of NC DOT.  We recommend approval of the request, subject to NCDOT approval.
	Following brief discussion, Mr. Dawkins offered motion to honor the request of the Eutaw Merchants Association and that final design is to be approved by the City.  Motion seconded by Mr. McBryde and carried unanimously.
	Mayor Hurley requested the planting of dogwood trees in the median.
8.	Consideration of Resolution of Application for allocation for private activity bonding for Downtown Loan Program to Thorpe & Clark, Attorneys, for restoration of Cool Spring Tavern.  Adoption of the resolution was recommended.
	The City Manager presented this matter and stated that under the provisions of the 1984 Deficit Reduction Act and state regulations, the City must request an allocation for private activity bonds to cover any loans made from our downtown loan pool.  The federal legislation limits the amount of industrial revenue bonds that can be issued in a State, and this procedure is necessary to assure that a State does not exceed its allowed limit.  North Carolina is far below the maximum amount, but the State still must go through these procedures and thus we must also.
	Mr. Wofford offered motion for approval by the adoption of the resolution, seconded by Mrs. Evans and carried unanimously.
	RESOLUTION OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA APPROVING THE APPLICATION FOR ALLOCATION FOR PRIVATE ACTIVITY BOND.  RESOLUTION NO. R1985-35.
9.	Consideration of request from residents of Eunice Drive:
A.	Acceptance of a portion of Eunice Drive for maintenance:
B.	Setting a public hearing ordering installation of water system and sanitary sewer in Eunice Drive without petition.  Adoption of the resolution was recommended.
	The City Engineer presented these matters and stated that one resident had protested this matter and had a deed withdrawing his dedication from this section of Eunice Drive.  The City Engineer requested delay of both of these items until the next meeting.
	Motion was made and seconded to delay this matter as requested by the City Engineer.  Motion carried unanimously.
10.	Presentation of conceptual development plan for The Market Complex.
	Mayor Hurley recognized Mr. David Rowland of Fayetteville Progress, Inc., who displayed drawings of the proposed Market and presented statistics to the Council concerning the activity.
	Following Mr. Rowland's presentation, Mrs. Evans stated that this was one of the most exciting things to happen in the City.
	Mr. Wofford asked about the placement of the Cupola and this was pointed out to them by Mr. Rowland.
	Mayor Hurley then thanked Mr. Rowland for the presentation.
11.	Consideration of awarding contracts for renovation of 222 Hay Street as Transit Information Center.
	Award of the low bid subject to concurrence by UMTA and NCDOT was recommended.
	Assistant City Manager Roger Stancil presented this matter and displayed drawings (a memo of Mr. Stancil's presentation is attached to the original of these minutes).
	Following the presentation, Mr. Dawkins offered motion to follow the recommendation of City Administration and approve the contracts.  Motion seconded by Mr. Wofford and carried unanimously.
12.	Consideration of a report from Mr. Billy Rose concerning the width of Sycamore Dairy Road relocation.
	The City Manager presented this matter and stated that the bottom line of the NCDOT decision is that if the roadway is to have five lanes, then the City must pay the extra cost.  The NCDOT staff has estimated this cost at $25,000 for construction with another $75,000 for right-of-way for two parcels of land at the intersection of McPherson Church Road.  The remainder of the right-of-way, as planned, is adequate for the five lane facility.
	Following discussion of this matter, Mr. McBryde offered motion to proceed with four lanes only, seconded by Mrs. Felton and carried unanimously.
	Mayor Hurley then paused in the business of the meeting to recognize other Scouts in the audience.  They were Troop 704 from Ft. Bragg and Troop 706 from Highland Presbyterian Church.
13.	Consideration of Demolition Ordinance for structure located at 224 Davis Street.
	Mr. Walter Haire of the Inspections Department was recognized and requested Council delay this matter to the March 4, 1985, meeting.
	Mr. McBryde offered motion, seconded by Mr. Jones and carried unanimously to approve the delay of the foregoing matter to the March 4, 1985, meeting.
14.	Consideration of Demolition Ordinance for structure located at 504 McIver Street.  Adoption of the ordinance was recommended.
	Mr. Walter Haire of the Inspections Department presented this matter and requested approval.
	Mr. Wofford offered motion for adoption of the ordinance, seconded by Mr. 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. NS1985-5.
15.	Consideration of Demolition Ordinance for structure located at 323 Seabrook Road.  Adoption of the ordinance was recommended.
	Mr. Walter Haire of the Inspections Department presented this matter and requested approval.
	Mr. Wofford offered motion, seconded by Mr. McBryde and carried unanimously to adopt the ordinance.
	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. NS1985-6.
16.	Consideration of resolution authorizing Lease/Purchase Agreement for computer system.  Adoption of the resolution was recommended.
	Assistant City Manager Stancil presented this matter and stated that on November 16, 1984, we received proposals from various financial institutions for the lease/purchase of our Wang computer system hardware over a five year period.  First Union National Bank quoted the lowest interest rate at 8.45%.  We recommend the Council adopt the resolution.
	Mrs. Evans offered motion, seconded by Mrs. Felton to approve by the adoption of the resolution as recommended.  Motion carried unanimously.
	CERTIFICATE OF RESOLUTIONS - EQUIPMENT LEASE/PURCHASE AGREEMENT NEW COMMITMENT.  RESOLUTION NO. R1985-36.
17.	Consideration of Resolution Reaffirming Policy on Equal Employment Opportunity for the City of Fayetteville, North Carolina.  Adoption of the resolution was recommended.
	The City Manager presented this matter and gave information to the City Council concerning it and stated that the resolution will become a part of the Affirmative Action Plan.
	Following brief discussion, Mr. McBryde offered motion to adopt the resolution, seconded by Mr. Jones and carried unanimously.
	RESOLUTION REAFFIRMING POLICY ON EQUAL EMPLOYMENT OPPORTUNITY FOR THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  RESOLUTION NO. R1985-37.
18.	Appointments:
A.	Nominations to fill one vacancy on the Recreation and Parks Commission.
	Mr. Dawkins nominated Mr. William G. Johnston, Jr., presently Athletic Director of Fayetteville City Schools.
	There were no other nominations and Mayor Hurley stated this item would be reconsidered at the next meeting of the Council.
19.	Delegations:
	Mayor Hurley recognized Mr. Clinton Harris, a local citizen, who commented on a building being built at 2800 Raeford Road and stated that he was concerned about the absence of sidewalk construction at this location.
	The City Engineer stated that the construction is entirely on the property owners property and he chooses not to install sidewalks.
	Mr. Harris also commented on sidewalks at the new Bordeaux Library and stated that he hoped they were in the plans for construction.
20.	Administrative Reports:
A.	Discussion of cemetery operations.
	The City Manager presented this matter and stated it was not for action tonight.  He stated the ordinance changes the municipal code and that the City Attorney has not had the opportunity to review it as yet.  He presented Council with some information from his memorandum in the agenda packet.  He stated the Council may wish to consider this at the Information Meeting.
	Mr. Wofford suggested that Council consider this matter at the Information Meeting and this was agreeable.
B.	Annexation.
	The City Manager presented this matter and stated that in a memorandum from Assistant City Manager Roger Stancil, he stated during the past few months, we have received several petitions for annexation into the City of Fayetteville.  We have been presenting these petitions to Council who has been acting on them.  One problem that this causes concerns the required review of annexations by the U.S. Department of Justice.  It is my understanding that they have sixty days to comment on each annexation.  Every time a new annexation is submitted for their review, the sixty day time period begins again.  Obviously, if we continue to annex areas into the City of Fayetteville by petition, this review process could be extended indefinitely.
	In order for us to get some understanding of the Department of Justice's position on our annexations, we recommend that the Council place a moratorium on action concerning annexation petitions until an opinion on these annexations already submitted is received.  This action by Council would also help us to avoid the appearance that the staff might be thwarting the public's right to petition Council for annexation.
	There are currently two petitions for annexation in process.  The process for these petitions can be concluded by the March 4th Council meeting.  We therefore recommend that the Council adopt this moratorium effective after the March 4th Council meeting.
	The City Council agreed to a temporary moratorium on this matter.
C.	Discussion of process for funding outside agencies in 1985-86 Budget.
	The City Manager presented this matter and stated that during the Council discussion of the recommended budget for 1984-85, there was some discussion of changing the method by which outside organizations request funds from the City of Fayetteville.  Our current budget calendar calls for us to send instructions 
for making budget requests to outside agencies on February 15th.  Before we send these instructions, however, we thought that the Council might wish to discuss this issue and make any changes in the process they wish.  We can then notify the outside agencies of any changes.
	Mrs. Evans suggested that City Council do as we have done in the past.  Mr. Wofford stated we would accept suggestions to compete for funds available.  There was then some further discussion of the matter.
	Following this discussion, the City Manager suggested placing a notice in newspaper so that all agencies could be aware of the process.
D.	Report on the paving of Gale Street.
	The City Engineer presented this matter and stated that at the last Council meeting, the need for paving Gale Street was discussed.  This street serves primarily as a City cemetery access road.  The estimated cost for paving the street from Ann Street to the eastern margin of the cemetery property is $36,000.  This is for a narrow, two-lane asphalt street without underground drainage.
	Cumberland County owns property abutting Gale Street for about 560 feet along the north side.  The County does not presently utilize Gale Street for access to the County Landfill; and, we do not believe they propose any use of their property that would require access from Gale Street.  With this in mind, the City may want to proceed with the paving without assessing the County.  If, however, the County is to be assessed, a public hearing should be set for March 18, 1985, to consider the assessment.  We recommend approval of the project so that it can be included in the next street construction contract.
	There was then some discussion of the matter and Mr. Wofford suggested that we not charge the County any assessment, but that garbage trucks not be permitted to use the street through the cemeteries.
	Following some further discussion, Mr. McBryde offered motion to pave the street and that we not assess the County but prohibit garbage trucks from using this cemetery street.  Motion seconded by Mrs. Felton and carried unanimously.
E.	Report of statement of taxes from Cumberland County Tax Collector.
	The City Manager reported to Council that such statement for the month of January 1985 had been received and receipt of it should be noted in the minutes of this meeting.  The Clerk was so directed.
F.	Set Information Meeting for February 25, 1985.
	The City Manager stated that this Information Meeting on February 25, 1985, is the regular information meeting and it was so set by City Council.
	Mrs. Evans informed the Council that the Policy Committee had met this morning and had discussed sidewalk policy and that this can be a discussion at the Information Meeting also.
21.	Matters of Interest to the City Council:
	Mr. Wofford issued a welcome to Mrs. Felton.
	Mrs. Evans also issued a welcome to Mrs. Felton.
	Mr. Dawkins also issued a welcome to Mrs. Felton.
	Mr. Dawkins suggested that the City Engineer or someone take a look at the rusting rails on the Maiden Lane bridge and see if something could be done about them.
	Mr. McBryde and Mr. Jones also issued a welcome to Mrs. Felton to the Council.
	Mr. Jones stated that no parking signs are needed in the Rowan Street parking lot since he had receive a complaint that a park user had received a citation recently.
	Mr. Jones also informed the City Engineer that the City streets are in bad shape and need attention.
	Mayor Hurley then recognized the newest Council Member, Mrs. Felton and asked if she had remarks to make.
	Mrs. Felton stated that she was glad to be here and that she will be more verbal the next meeting.
	Mayor Hurley stated to Mrs. Felton that he was happy to have her on the Council and invited to come by his office at any time to discuss the activities of City government.
	Mayor Hurley noted that the posts are going up on the downtown Hay Street Mall.
	Mayor Hurley informed Council that on Friday, February 22, 1985, between the hours of 4:00 and 5:00 p.m., a reception would be held in the Kyle House honoring the Reverend Aaron Johnson.  Everyone is invited to attend and a special invitation has been issued to Reverend Johnson's church congregation, the Mount Sinai Baptist Church.
	Mayor Hurley then issued thanks to the Police Officer for being present for the meeting this evening.
	Thereafter, all matters of business having been completed, this meeting was adjourned at 8:45 p.m. upon motion made and duly seconded.
INFORMATION MEETING
MONDAY, FEBRUARY 25, 1985
	FAYETTEVILLE CITY COUNCIL
	INFORMATION MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, FEBRUARY 25, 1985
	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 councilmember Dawkins offered the invocation, followed by the Pledge of Allegiance to the Flag.
	Council first heard a report on proposed revisions in cemetery operations by Jack Wilson, Director of Parks and Recreation.  Mayor Hurley asked that the record indicate the City's grateful receipt of the advertisement in Sunday's Fayetteville Observer concerning the Parks and Recreation master plan and the time and effort of Murchison Bailey and the Fayetteville Publishing Company in providing this ad.  Upon completion of Mr. Wilson's report, Council asked that the appropriate action implementing the proposed revision be placed on the agenda for the next regular Council Meeting.
	Council next heard a report on the City's Affirmative Action efforts for 1984 from John Smith, City Manager.  This report indicated significant progress by the City in reaching its Affirmative action goals for 1984, especially in the upper levels of City administration.
	Council next heard a presentation of the 1983-84 Audit Report by John Smith, City Manager.
	Councilmember Evans then presented a report from the Policy Committee.  She reported that the committee recommended that the City concentrate its efforts on sidewalks on major arterials.  They also requested that in future sidewalk bids 4˝" width sidewalks be bid as alternates to determine any savings by this reduction in width.  She also indicated that the committee had requested increased enforcement on new construction to safeguard the City's right-of-way from encroachment.  She also discussed the recommendation that the City's sidewalk policy be advertised and a recommendation that the City funds for sidewalks be invested only in arterial sidewalks and that the participation program with private developers be temporarily delayed.  Councilmember Evans expressed her disagreement with this proposal.  Councilmember Evans also reported on the committee discussion of a 25 mile per hour speed limit in residential areas, a proposed tree ordinance for trees in the public right-of-way and a proposed clean builders program.  The Council requested that these items be given to them for information.
	Councilmember McBryde requested a list of City employees driving vehicles home, why those vehicles were approved, and the mileage involved in the trips to home and back.  Upon motion by Councilmember McBryde, seconded by Councilmember Jones, the Council voted unanimously to convene into executive session at 8:40 p.m.  Council reconvened in regular session at 9:17 p.m.  Upon motion by councilmember McBryde, seconded by councilmember Wofford, the Council voted unanimously to file a motion asking the court to overturn the verdict or grant the City a new trial in the Spell case.
	There being no further business, the meeting was adjourned at 9:20 p.m.
REGULAR MEETING
MONDAY, MARCH 4, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, MARCH 4, 1985
	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 the Reverend Earl Pierce, Associate Pastor, Calvary Assembly 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 for litigation.
1.	Consent:
	Mr. Wofford pulled Consent Items M and S.
	Mr. McBryde moved for approval of Consent Items 1A through 1W excepting Item M and S, seconded by Mr. Jones and carried unanimously.
	The Consent Items appear below:
A.	Approval of minutes of regular meeting of February 18, 1985.
B.	Approval of minutes of information meeting of February 25, 1985.
C.	Approval of a request for a refund of City taxes to Donald Knapherde in the amount of $39.01.
D.	Approval of a request for a refund of City taxes to Robert Bartlett in the amount of $56.10.
E.	Approval of a request for a refund of City taxes to James Bynum in the amount of $12.35.
F.	Approval of a request for a refund of City taxes to John Wilson Dye, III in the amount of $87.75.
G.	Approval of a request for a refund of City taxes to Jimmie Holt in the amount of $711.04.
H.	Approval of a request for a refund of City taxes to Douglas Waddell in the amount of $29.64.
I.	Set public hearing for April 1, 1985, to consider amendments to the Fayetteville Zoning Ordinance establishing a new zoning district:  C2S Central Business District and the rezoning from C1 Local Business District, C2 Central Business District and C3 Heavy Commercial District to C2S Central Business District for an area located on both sides of Hay Street, between Dick Street and Ray Avenue Extension.
J.	Approval of the L.R. Baker property in an R10 residential district for preliminary and final group development review for an area located southeast of Law Road, north of Eunice Drive.
K.	Approval of Baldino's Sub Shop in a C1P Shopping Center District for preliminary and final site plan addition review for an area located on the east side of Ramsey Street (U.S. 401 North), north of Law Road.
L.	Approval of Tallywood Shopping Center in a C1P Shopping Center District for preliminary and final site plan addition review for an area located on the west side of Fairfield Road, north of Raeford Road.
	Item M had been pulled.
N.	Approval of Broadwell Condominiums in an R6 Residential District for preliminary and final condominium development review for an area located on the southwest corner of Raleigh Road (U.S. 401 North), and Coronation Drive.
O.	Approval of the Rebecca Thompson Subdivision in an R5A Residential District for preliminary and final subdivision revision review for an area located north of Pamalee Drive (U.S. 401 Bypass), and southwest of Oakwood Street.
P.	Approval of Bordeaux Motor Inn in a C1P Shopping Center District for preliminary and final site plan addition review for an area located south of Village Drive, east of Owen Drive.
Q.	Approval of Singleton Subdivision in an R6 Residential District for preliminary and final zero lot line subdivision review for an area located south of Bickett Street, north of Karen Lake Drive and Oakwood Street.
R.	Receipt of Financial Statements and Audit for Fiscal Year ending June 30, 1984.
	Item S had been pulled.
T.	Set public Hearing for April 1, 1985, to consider approval of City's application for Community Development Block Grant funding for FY 1985-86.
U.	Authorize advertisement of service area lease agreement between City of Fayetteville and Highland Limousine Service.
V.	Authorize advertisement of service area lease agreement between City of Fayetteville and Allstate Limousine Service.
W.	Set public hearing for March 18, 1985, to consider the issuance of a Downtown Loan to Thorpe and Clarke, Attorneys, for the sum of $45,000 (restoration of Cool Spring Tavern).
M.	Approval of the Davenport in a P2 Professional District for preliminary and final group development revision review for an area located on the north side of Ft. Bragg Road, west of McPherson Avenue.
	Mr. Wofford asked questions concerning City Council's approval of plans before construction begins.  Planner Mitchell said the developer has an approved plan, but this is a revision.  He stated the Council had approved this plan in December.
	Following brief discussion, Mr. Wofford offered motion for approval of the foregoing, seconded by Mr. McBryde and carried unanimously.
S.	Authorize advertisement for upset bid on surplus Honda Motorcycle (1978) Serial Number CB75OK2815456 under N.C.G.S. 160A-269.
	Mr. Wofford asked what the original bid was on this vehicle and how we obtained the other bid.
	The City Manager stated the original bid at the auction was $900.00, but the person making the bid did not return to redeem the vehicle.  An offer of $700.00 was received and the recommendation is to advertise the offer for an upset bid.  There was then a brief discussion.
	The City Manager was requested to check on this procedure before City Council action.
	Following this, Mr. Dawkins offered motion to table this matter, seconded by Mrs. Evans and carried unanimously.
2.	Public Hearings:
A.	Consideration of adoption of Ordinance extending the corporate limits of the City of Fayetteville, North Carolina (Combined America Properties, Inc.).  Adoption of the ordinance was recommended.
	Assistant City Manager Roger Stancil presented this matter to Council and gave statistics from the Fact Sheet.  He stated this was by petition from the property owner and the Annexation Management Team recommends annexation. 
	Mr. Clinton Harris a local citizen, was recognized in opposition due to the voting strength, and the one man - one vote system.  Mr. Harris stated also that sidewalks had not been included.
	Following brief discussion, Mr. Dawkins offered motion for adoption of the ordinance, seconded by Mr. McBryde and carried unanimously.
	AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA - COMBINED AMERICA PROPERTIES.  ORDINANCE NO. 85-3-295.
	Mayor Hurley stated this completed the public hearings.
3.	Consideration of requests from residents of Eunice Drive:
A.	Acceptance of a portion of Eunice Drive for maintenance.
B.	Setting a public hearing ordering installation of water system and sanitary sewer system in Eunice Drive without petition.   Adoption of the resolutions and setting a public hearing for March 18, 1985, were recommended.
	The City Engineer presented this matter and stated that Eunice Drive was dedicated by recorded plat of Pine Park Subdivision in 1956.  At that time, the area was outside the City; and the street was never paved and neither has any utilities been extended along the street.  The City has received a request from Mr. W. T. Hall to accept the street for maintenance; and he advises that he would also desire water and sewer.
	There was one additional residence on the street which is presently served by well and septic tank.  The street is 50' wide; therefore, meets the City standard for a residential street.  We recommend acceptance of the street for maintenance purposes and setting a public hearing to consider ordering the installation of water distribution system and sanitary sewer collection system from Law Road to the northeast corner of Lot 15, Pine Park Subdivision, as recorded in Plat Book 19, Page 78.
	The remainder of the Subdivision is in a different water shed and requires a different sanitary sewer outfall for PWC.  We have had no requests at this time for street maintenance or water and sewer service for this remaining portion.
	There was some discussion of this matter.
	Following this discussion, Mr. Wofford offered motion for the adoption of both resolutions, seconded by Mr. Dawkins and carried unanimously.
	RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PORTION OF EUNICE DRIVE. RESOLUTION NO. R1985-38.
	PRELIMINARY RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM OF THE CITY OF FAYETTEVILLE NORTH CAROLINA INTO EUNICE DRIVE.  RESOLUTION NO. R1985-39.
4.	Consideration of joint agreement with Cumberland County and Chamber of Commerce for membership	on and participation in Economic Development Board.
	The City Manager presented this matter and stated that Mr. Billy Clark could not be present this evening.  He then stated that on July 1, 1984, the Chamber of Commerce and the County of Cumberland entered into an agreement establishing an economic development board.  Representation on the board consists of two representatives from the Board of County Commissioners, two from the Chamber of Commerce, two from local utilities, and two from local industries.  The County Manager, the Treasurer of the Chamber of Commerce, and the President of Fayetteville Technical Institute also serve as ex-officio members.  The City of Fayetteville is not represented.
	Several weeks ago, the Chairman of the Board, Billy Clark along with Mr. Cobby Reaves and Dr. Charles Speegle, contacted Mayor Hurley to discuss the possibility of City representation on the Economic Development Board and coordination of City economic development activities with the County-wide activities of the Board.  After considerable discussion, it was agreed that the City would be invited to become part of the organization.  Under the proposed structure, the City would have one voting board member (the Mayor or his designee), and the City Manager would serve as an ex-officio member.  It is further requested that the City appropriate $20,000 to the organization in the 1984-85 Fiscal Year Budget.  The County currently contributes $59,904 annually.
	I strongly recommend that the City accept this invitation.
	I recommend that the Council endorse the concept of City participation and instruct City staff to negotiate an agreement within the parameters outlined in this memorandum, and bring that agreement back to the City Council for final action at a future date.
	There was then some discussion of this matter.
	Following this discussion, Mr. Dawkins offered motion to follow the foregoing recommendation of the City Manager, seconded by Mr. McBryde and carried unanimously.
5.	Consideration of contract with Economics Research Associates for assistance in securing private investment in implementation of Parks Master Plan.  The recommended action was to authorize the City Manager to execute the contract.
	The City Manager presented this matter and stated that the contract attached to his memo is the proposed contract for services with Economics Research Associates recommended by the Parks and Recreation Advisory Commission.  The proposal for services was presented to you by Jack Wilson at your January information meeting.  I am recommending one change to the contract regarding expenses which is to delete the 10% additive on actual expenses, such as travel, meals, and other matters.
	Funds for this contract are available in Capital Projects Ordinance CAP-3 which is a general revenue sharing project that we are ready to close out.  If you approve the contract, I will bring back to you a new project ordinance in the amount of $45,000 to begin implementation of the Master Plan.
	Mrs. Evans stated she felt this is premature in view of the other projects being considered at this time.
	Mr. Dawkins stated that money is short and the City cannot afford this at this time.
	Mr. Jones stated that the Council should finish what we have started first.
	Mr. McBryde stated the Council needs to take another look.  He stated this may take a bond issue.
	Mr. Wofford suggested placing this matter in next year's budget.
	Mayor Hurley stated he was in favor of approving this contract.
	Mrs. Evans then moved to table this matter, seconded by Mrs. Felton and carried, Mr. Dawkins and Mayor Hurley voting against the motion.
6.	Consideration of amendment to the Cemetery Ordinance and schedule of fees.  Adoption of the amendment was recommended.
	The City Manager presented this matter. (His memo and the fee schedule are attached to the original minutes of this meeting).
	The City Attorney stated the proper motion would be to repeal Chapter 10 in its entirety and adopt the new ordinance and that it be in the form prescribed by Section 1-6 of the City Code.
	Following some discussion, Mrs. Evans moved for adoption of the ordinance and the new fee schedule, effective April 1, 1985.  Motion seconded by Mr. Dawkins and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 10, “CEMETERIES", OF THE FAYETTEVILLE CITY CODE OF ORDINANCES.  ORDINANCE NO. S1985-2.
	Mayor Hurley then recognized representatives from the Junior League in the audience.
7.	Appointments:
A.	Nominations to fill three vacancies on the Human Services Commission.
	Mr. McBryde nominated Dr. Eldon Tietje.  Mrs. Evans nominated Dr. William Bell, incumbent.  Mr. Jones nominated James Flanders.  Mayor Hurley nominated Barbara Hammonds, incumbent.
	Mayor Hurley stated these nominees would be considered again at the next meeting.
B.	Election of Mr. William G. Johnston, Jr. to the Advisory Recreation and Parks Commission.
	Mr. Dawkins moved the appointment by acclamation of Mr. William G. Johnston, Jr. and it was unanimous.
	(Mr. Johnston's appointment is to fill the vacancy created by the resignation of B. T. McNeill, said term to run to October 1986).
8.	Delegations or individuals wishing to address Council:
	Mayor Hurley recognized Mr. Matthew Smith who stated that on February 22, 1985, members of the Recreation and Parks Commission came to Park Street in Haymount and removed 48 plants, azaleas, dogwood and others that had been planted by the residents of that street in the parkway.  This was done at the request of a resident of that street, not a property owner, without the knowledge or consent of any of the property owners on the street.  Park Street is where I was born and raised he stated.  My parents live there still as they have for 56 years.  My father and myself went up and spoke with the people and asked them to please stop until we could find out why this was being done.  A call was made to the Recreation and Parks Department and Mr. Barefoot came up at 2:00 p.m. and met with us.  The City has never participated in the upkeep of these plants.  Mr. Barefoot stated that Mr. Steve Nimocks, a resident of the street had asked Recreation and Parks to clean up the center area of the street.  The cold weather had taken its toll on these plants, of course, and the property owners had not had time to look after them.
	Recreation and Parks had dug the plants up.  The dogwoods cannot be replanted.  Mr. Barefoot was very apologetic, and was under the impression that Mr. Nimocks was speaking for the entire street and had a petition.  This never materialized.  The damage has been done.  I am not asking City Council to reconstruct what has been destroyed.  There was an offer to replant he stated.  We are all trying to make the City a better place in which to live.   Mr. Barefoot has said there are no plans to do anything until a petition is presented to Recreation and Parks.  Mr. Smith asked that in the future assurances be taken that requests of this nature be checked completely to avoid this ever happening again.
	Mayor Hurley thanked Mr. Smith for his remarks.
	Mr. Wofford suggested that the City Manager check into this matter and come back to Council with a recommendation.
9.	Administrative Reports:
A.	Scheduled meeting of Streets, Roads and Transportation Committee.
	The City Manager suggested the setting of a meeting.  Mr. Dawkins set the meeting for 7:00 p.m., Wednesday, March 13 at the Kyle House.
10.	Matters of Interest to Council:
	Mr. Wofford stated he had noticed the ad in the paper on the outside agency funding and stated it was a good ad.
	Mr. Wofford suggested that Council give serious consideration to the unsightly appearance of our City streets.  Also, the trash on the streets is frown the fast-food type operations.  He suggested a tax be imposed by the State Legislature on these places.  He suggested discussion at an information meeting in the near future.
	Mrs. Evans stated in reply that she does not believe we can single out one group for this.
	Mr. Dawkins suggested an educational program to solve this problem of street litter.  He stated the Clean Community is attempting to do this.
	Mrs. Felton stated we really need to educate the people, since the fast food people are only selling their product, and are not directly responsible for the litter.
	Mayor Hurley asked the City Attorney if the City could enact a local litter ordinance.  The City Attorney replied in the negative since there was already a state law.  The Mayor asked if the City police are empowered to enforce it.  The City Attorney replied that they are but they must see the offense.
	Mr. Jones stated he had received several calls about starting the paving on Orange Street.  He stated he wants to see all other streets slated for paving up for bids as soon as possible.
	Mr. Jones stated he had received calls about father-son employees in the City.
	The City Manager was asked to explain the City policy on this.  He stated the policy generally discourages employing family members in the same department, particularly where one is in a supervisory position over the other.
	Mr. Jones stated the Blind Center is only furnishing transportation four days a week to its workers.  It was suggested contacting the agency providing the bus service since it was very much needed every day.
	Mayor Hurley called attention of the Council to a letter in the agenda packet from a private citizen concerning City taxicabs.  He cited several instances in which our taxi service is deficient and stated our cabs are a reflection of our City.
	The City Attorney suggested non-exclusive types of franchises to help the problem.  He stated he would come back with a recommendation.
	This was discussed for several minutes and it was decided the Policy Committee would meet with the City Attorney to consider this matter.
	Mr. McBryde then offered motion for an Executive Session at 8:50 p.m. to consider a litigation matter only, seconded by Mr. Dawkins and carried unanimously.
	Mayor Hurley adjourned the Executive Session at 9:10 p.m., reconvened into Regular Session and recognized the City Attorney.
	The City Attorney recommended that the City Council authorize legal representation for Jimmie R. Cook in four separate cases in Eastern District of North Carolina, 84-1059, 1060, 1061, and 1062 in the Raleigh Division.  I find that his representation meets the requirements of Section 2-60 of the Fayetteville City Code and that he was acting in the course and scope of his employment at the time alleged in the complaint.  The name of the case is Autry vs. Dahnke.
	Mr. McBryde moved to authorize legal representation as recommended by the City Attorney.  Motion seconded by Mr. Jones and carried unanimously.
	Thereafter all matters of business having been completed, this meeting was adjourned at 9:15 p m. upon motion made and duly seconded.
REGULAR MEETING
MONDAY, MARCH 18, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, MARCH 18, 1985
	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 present.  City Attorney Robert Cogswell offered the invocation.  Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
1.	Consent:
	Mr. McBryde pulled Consent Item 1D.
	Mr. Wofford then offered motion for approval of Consent Items 1A through 1I, excepting 1D, seconded by Mrs. Felton and carried unanimously.
	The consent items appear below.
A.	Approval of minutes of regular meeting of March 4, 1985.
B.	Amend Resolution fixing date of Public Hearing ordering installation of water system and sanitary sewer system in Eunice Drive without petition from March 18, 1985, to April 1, 1985.
C.	Approval of the initial zoning of Tract I to R10 residential district and the initial zoning of Tract II to R6 residential district or to more restrictive zoning classifications for areas located on the west side of McArthur Road, north of Walker Street.
	Item D had been pulled.
E.	Approval of Rivercliff Villas in an R6 residential district for preliminary and final zero lot line subdivision revision review for an area located on the south side of Eastwood Avenue, east of U.S. 401 North and west of the Cape Fear River.
F.	Approval of Landmark Apartments in an R6 residential district for preliminary and final group development review for an area located on the west side of Ramsey Street (U.S. 401), south of London Drive.
G.	Authorize Mayor to execute service area lease agreement between City of Fayetteville and Highland Limousine Service.
H.	Authorize Mayor to execute service area lease agreement between City of Fayetteville and Allstate Limousine Service.
I.	Award of contract for purchase of three 4-door sedans to LaFayette Motors, the low bidder, for PWC, for $22,683.
D.	Approval of Hunter Property Condominiums in an R5 residential district for preliminary and final condominium development review for an area located on the north side of Rowan Street, east of Oakridge Avenue.
	Planner Al Mitchell presented this matter and stated the Planning Board recommended conditional approval per their memo in the agenda package.
	Mr. McBryde stated he had been contacted by some residents in the area who asked about a hedge around the property.
	Mr. Walter Moorman, consulting engineer for the project, stated the plan is to install some foliage around the project.  He stated that most buildings are removed from other structures with Number 6 and Number 7 being the only exceptions.  Mr. Moorman stated the developer has a good record and will cooperate.
	Following some discussion, Mr. Wofford offered motion for approval of the foregoing as recommended by the Planning Board,  seconded by Mrs. Evans and carried unanimously.
2.	Public Hearings:
A.	Consideration of the issuance of a Downtown Loan to Thorpe and Clark, Attorneys, for the sum of $45,000 (restoration of Cool Spring Tavern).  Approval was recommended.
	City Attorney Cogswell informed Council that the applicant had requested a continuance of this matter.
	Mr. Wofford then moved to continue this public hearing to the next regular meeting of the City Council, seconded by Mr. McBryde and carried unanimously.
B.	Consideration of revision to the Subdivision Ordinance.   Approval was recommended.
	Planner Al Mitchell Presented this matter and stated the subdivision amendments were discussed by City Council on January 28, 1984, and the planning staff was recommended to prepare the amendment and schedule a public hearing.  Mr. Mitchell stated the amendment would delegate to the planning staff the review and approval of all plats and plans except if there is a controversy.
	Mr. Walter Moorman was recognized in favor of the proposed changes and requested approval.
	There was no opposition present.
	Mr. McBryde then moved for approval by the adoption of the amending ordinance, seconded by Mr. Dawkins and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 27, “SUBDIVISIONS", OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES.  ORDINANCE NO. S1985-3.
C.	Consideration of adoption of a resolution ordering the closing of Berma Court.  Adoption of the resolution was recommended.
	The City Engineer presented this matter and stated that it was by request of the developer.  He stated this matter had been advertised as required.  He stated Berma Court is a cul-de-sac street running westwardly off McPherson Avenue.  It was dedicated by recording a plat in 1956.  Mr. Russell Davenport owns all of the property abutting Berma Court, including the Davenport Apartment project.  His plans are to add twelve additional dwelling units on the site; and, to eliminate Berma Court as a public street.  The project has adequate frontage along McPherson Avenue.  We recommend approval of his request my adopting the resolution.  The resolution reserves an easement to the City for the existing utilities.
	Mr. Davenport of 2509 Morganton Road was recognized and requested approval.
	There was no opposition present.
	Following some discussion, Mr. McBryde offered motion for approval of the foregoing by adoption of the resolution, seconded by Mr. Dawkins and carried unanimously.
	RESOLUTION AND ORDER CLOSING BERMA COURT.  RESOLUTION NO. R1985-42.
	This concluded the public hearings.
3.	Consideration of authorization of advertisement for upset bid on surplus Honda Motorcycle (1978) Serial Number CB750K2815456 under N.C.G.S. 160A-269. (Continued from March 4, 1985 meeting).  Authorization of advertisement was recommended.
	The City Manager presented this matter and stated that at the last meeting the question was raised as to how the bid on the motorcycle came about.  There was no advertisement of the motorcycle.  Several offers have been made, the highest being $300.  Mr. McGugan did not feel these offers worth accepting and advertising since the high bid at the auction was $900.  Seven hundred dollars is however, a fair offer and Mr. McGugan felt that this offer should be advertised.
	Upset bids are a perfectly legal and acceptable way to dispose of surplus property.  I would suggest that we accept the offer and advertise in the classified section of the paper.  If there are other interested parties, they can offer an upset bid.
	Mrs. Evans offered motion to authorize the advertisement, seconded by Mr. Jones and carried unanimously.
	At this point in the meeting, Mayor Hurley stated he had forgot to mention that the City Attorney had requested an Executive Session at the end of this meeting for litigation matter.
4.	Consideration of amendment to Resolution authorizing City Manager to execute UMTA Grant applications.  Adoption of the amended resolution was recommended.
	Assistant City Manager Roger Stancil presented this matter and stated that in the past, these resolutions have referred to specific sections of the UMTA of 1964 and to the specific activities funded by those sections (capital, operating, and planning projects).  The amended resolution covers every section and every type of project for which we applied.  The adoption of this resolution would simplify the application process.  We would continue to seek Council authorization for each application and allocation of appropriate matching funds.  Adoption of the resolution is recommended he concluded.
	Following brief discussion, Mr. McBryde offered motion for adoption of the resolution, seconded by Mrs. Evans and carried unanimously.
	AUTHORIZING RESOLUTION - UMTA GRANT APPLICATIONS.  RESOLUTION NO. R1985-43.
5.	Consideration of appointment of steering committee to review human service transportation.  Recommended action was adoption of a joint resolution with Cumberland County Board of Commissioners.
	Assistant City Manager Roger Stancil presented this matter and stated that human service transportation in the Fayetteville/ Cumberland County urbanized area is a highly de-centralized system with agencies providing transportation to their own clients through private vehicles, agency vans, and various arrangements with public and private transportation providers.  A preliminary study prepared by the Joint Planning Board indicated that there is some potential for a coordinated transportation system that will reduce this duplication of effort and maximize the return on our transportation investment.  There have been several attempts in the past to implement a transportation system for this purpose.  These attempts have not proven successful.  We recommend, therefore, that the Board of Commissioners and the City Council jointly appoint a steering committee of representatives from appropriate agencies to study this issue and make recommendations to the governing bodies within six months.  He requested adoption of the joint resolution.
	Following brief discussion, Mr. Dawkins offered motion for approval of the foregoing by adoption of the resolution as recommended, seconded by Mrs. Felton and carried unanimously.
	JOINT RESOLUTION.  RESOLUTION NO. R1985-44.
6.	Consideration of Streets and Roads Committee recommendation for:
(a).	Sidewalk Projects
(b).	List of streets for resurfacing.
(c).	Establish bus lane on 400 Block of Hay Street.
	Recommended action was adoption of a and b and discussion of c.
	Mr. Dawkins stated the Committee did meet and was unanimous on a and b, but had no consensus on c.  He stated cost of the sidewalks will be approximately $240,000.  The following is the Sidewalk Program Fiscal Year 1984-85.
I.	Approved Commitments:
	A.	Murchison Road (West Side), from Mt. Sinai Homes to Filter Plant Drive.
	B.	Woodsland Subdivision (Participation)
	C.	Servco Service Station - Owen Drive (Participation)
	Subtotal - $71,100
II.	Sidewalk Repair:
	A.	Russell Street (Both Sides), from Robeson Street to Eastern Boulevard
	B.	Person Street (Both Sides), from Market Square to Eastern Boulevard.
	C.	Grove Street (Both Sides), from St. James Square to Eastern Boulevard.
	D.	Reserve for Spot/Emergency Repairs.
	Subtotal - $54,000
III.	Proposed New Sidewalk Construction:
	A.	Village Drive (South Side), from Bordeaux Motor Inn to Boone Trail (Participation).
	B.	10 Bus Stop Pads
	C.	Rosehill Road (West Side), from Ramsey Street to Northern Property Line of Rosehill Gardens (additional R/W needed).
	D.	Ramsey Street (West Side), from Hillsboro Street to Quincy Street.
	E.	Ramsey Street (West Side), from Langdon Street to Rosehill Road.
	F.	Skycrest Drive (South Side), in front of Glendale Acres Elementary School.
	G.	Hillview Avenue (South Side), from Soodars Elementary School to Ramsey Street.
	H.	Old Wilmington Road (North Side), at West End of Walker/Spivey School Property.
	I.	Albany Street (North Side) at E. E. Smith High School.
	J.	Rosehill Road (East Side), from Ramsey Street to Northeast Boundary of Hillside Manor Retirement Development.
	K.	Winslow Street (East Side), from Franklin Street to Russell Street.
	L.	Russell Street (North Side), from City Parking Lot at TV40 Building to Maxwell Street.
	M.	Purchase (8) additional feet of right-of-way on South Side of Morganton Road, from Lots #817 and #816, Total 319.10 LF.
	N.	Developer Participation - Various Developments
	O.	500 Block Hay Street Improvements
		Grand Total - $240,000
	(Copies of the foregoing and a list of the proposed street resurfacing are on file in the office of the City Engineer and the City Clerk).
	Mrs. Evans suggested that Council consider a and b together.
	Mr. Wofford commented that the Committee had done a good job.  He stated he was critical of the location of some sidewalks, however.  He suggested a look at Northview and Morganton Road.
	There was then some discussion of the matter.
	Mrs. Evans then moved for approval of a and b as presented, seconded by Mr. McBryde and carried unanimously.
(c).	Establish bus lane on 400 Block of Hay Street.
	The City Manager presented this matter and stated that with the completion of the Olde Fayetteville Commons Mall in the near future, the traffic operations in the 400 Block of Hay Street has been reviewed in relation to the Transit Mall.  The establishment of this exclusive bus lane would require the revision of on-street parking in this block of Hay Street.  Parking on the southside could be increased from 21 to 24, while the 13 spaces on the northside would be eliminated to provide the additional traffic lane.  The foregoing represents alternate one, he commented.  Alternates two and three are in the agenda packet.
	The City Engineer displayed projections of the proposals, alternates one, two, and three.
	Mr. McBryde stated he was opposed to the removal of any more parking on Hay Street.  He suggested that this be held in abeyance until Ray Avenue is opened.  The businesses downtown need the spaces he concluded.
	Mr. Dawkins suggested the acceptance of alternate #3 (signing).
	Mr. McBryde then moved for approval of alternate #3 (signing).  Motion seconded by Mr. Dawkins and carried unanimously.
	Mr. Wofford suggested changing the signs to read “Buses and Parking Only".
	(Copies of all of the foregoing are on file in the offices of the City Engineer and City Clerk).
7.	Consideration of a request from First Citizens Bank to improve safety of vehicles exiting from the bank parking deck onto Old Street.
(a)	Adoption of parking prohibited ordinance, Schedule #11.
(b)	Amendment to parking zones, Schedule #13.
	The City Engineer presented this matter and stated that in a letter from First Citizens Bank they stated their desire for certain changes in traffic operations along Old Street.  We agree that the sight distance for cars entering Old Street from First Citizens parking deck is very short and should be improved by the elimination of one parking space on the west side of the deck driveway.
	We do not believe the elimination of all parking on Old Street is necessary at this time.
	About a year ago, we studied protective left turning movements at Green-Bow/Old Street intersection and did not find it warranted at that time.  Since the study was made, we note there have been several suggestions by citizens and Councilmembers alike that a protected left turn would be a desirable feature.  We propose to review this again in the immediate future, and will ask NCDOT's local traffic engineer for assistance in this review.
	Following brief discussion, Mrs. Evans offered motion to follow the recommendation of the City Engineer on the elimination of the one parking space by the adoption of the two ordinances.  Motion seconded by Mr. Dawkins and carried, Mr. Wofford voting no.
	AN ORDINANCE OF TUE CITY OF FAYETTEVILLE, NORTH CAROLINA SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE #11 - “PARKING PROHIBITED".  ORDINANCE NO. NS1985-7.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE #13 - “PARKING ZONES".  ORDINANCE NUMBER NS1985-8.
	Following the foregoing action and in a matter related to it, Mr. Jones requested the City Engineer to measure the median in Green Street at Bow and Old Streets to see if there is enough room for two cars.  The City Engineer stated he would and would make a report to the Council.
8.	Consideration of a 90-day extension on the Lease Agreement between the City of Fayetteville and Crescent Development Corporation regarding the Municipal Market.  Recommended action was to authorize advertisement.
	The City Manager presented this matter and stated that Crescent Development Corporation is requesting a 90-day extension on the lease from March 31, 1985 to June 30, 1985.  Crescent is working to obtain suitable permanent financing for the project he stated.  Within two weeks, he said they should have floor plans and completed proforma which they can take to the banks.  He stated they feel positive about their progress and would be glad to furnish whatever information is needed to substantiate this request.  He stated there was also a report in the packet from Mr. David Rowland of Fayetteville Progress giving a status report on the conditions relevant to the commencement of the market lease.  The City Manager recommended approval of the advertisement.
	Following brief discussion, Mr. McBryde moved to authorize the advertisement according to N.C.G.S 160A-269.  Motion seconded by Mr. Jones and carried unanimously.
9.	Consideration of demolition ordinance for structure located at 224 Davis Street.  Adoption of the ordinance was recommended.
	Council recognized Mr. Walter Haire, of the Inspections Department who presented this matter and stated that Community Development will loan the funds to the owner to correct the conditions if he can qualify.
	Council recognized Mr. Thomas Matthews, 224 Davis Street, the owner, who stated he was out of work but was now back to work and has tried to borrow the necessary funds but does not know if it will be approved.  He requested an extension.
	Mrs. Evans moved for a 60-day extension on this matter for Mr. Matthews to secure a permit.  Motion seconded by Mrs. Felton and carried unanimously. 
10.	Consideration of demolition ordinance for structure located at 1040 Southern Avenue.  Adoption of the ordinance was recommended.
	Mr. Walter Haire was again recognized, presented this matter and recommended demolition.
	Mr. Conrad Lee, a part owner of the property was recognized and stated the building was only used for storage and the lower part for an incidental sewing operation.  He stated it was his and the other owner's intention to sell the property.  He requested time to contact the other owners who are scattered far and wide prior to any action by Council.
	The City Attorney recommended to Council that all heirs should be notified before any action is taken.
	Council took no action on the foregoing matter.
11.	Consideration of ordinance amending Chapter 14 and Chapter 16 of the Fayetteville City Code (administrative fees for clearing vacant lots and demolition of buildings).  Adoption of the ordinance with effective date of April 1, 1985, was recommended.
	The City Manager presented this matter and stated that the question had come up recently with Council about additional administrative fees to the demolition of buildings fee.  A study had been made by the Inspections Department and it was recommended that two fees be adopted effective April 1st.  The one for vacant lots in the amount of $25.00, and the one for building demolition $75.00.
	Following brief discussion, Mrs. Evans offered motion for adoption of the ordinance, seconded by Mr. Wofford.
	The City Attorney then informed Council that there must be a change made in the wording in Section 16-50(a) for better clarification.  There was then some discussion of this matter.
	The City Attorney then requested a continuance of this matter.  Council took no action.
12.	Appointments:
A.	Elections to fill three vacancies on the Human Services Commission. (4 nominees).
	City Council then cast their votes and the following were appointed:
	Dr. Eldon Tietje, James E. Flanders, and Barbara Hammonds.  The foregoing appointments were for two year terms of office each, said terms to run to March 1987.
13.	Delegations or individuals wishing to address Council:
	Council recognized Mr. Clinton Harris a local citizen, who extended thanks to the Streets and Roads Commission for the funds for the sidewalks.  He requested additional funds for sidewalks in the budget and for funds for grading of sidewalks.  He also requested funds for the purchase of property for sidewalks as in the recent Raeford Road case.  He requested Council remove the bump at the old railroad crossing on Morganton Road.
	Council then recognized Reverend Johnny Banks, who raised a question on the City building code.  He stated he lives in senior citizens apartments located in Tara Gardens off Law Road.  He stated the heating system in the apartments is gas and he is concerned about exits in the case of fire.  It was his contention that when the apartments were constructed, insufficient exits were provided in the case of fire.
	Mayor Hurley informed Rev. Banks that the apartments were constructed according to the State Building Code, however, he stated he would have the matter looked into.
	The Clerk was instructed to call the Buildings Inspector tomorrow AM and have him contact Rev. Banks concerning this matter and check the code requirements.  The City Manager stated he would report back to the Council at the next meeting on this matter.
	Council also recognized Bettie Joe Goodenough who informed Council that the new trees recently planted on the Mall are very pretty.  She also stated that she had a complaint concerning the riding of bicycles and mopeds along the sidewalks which are a problem and a hazard to pedestrians.  She requested that signs be installed prohibiting this practice.
	Mayor Hurley informed Mrs. Goodenough that he will have the Police Department check this out.
14.	Administrative Reports:
A.	Report of taxes from Cumberland County Tax Collector.
	The City Manager stated that this was being reported to Council and that it be made a matter of record in these minutes.
B.	Report of plant removal from Park Street.
	The City Manager stated in a memo that in order to improve the overall appearance of the City, the Parks and Recreation Department has been taking over maintenance of median strips that were previously under Street Division jurisdiction.  The Park Street situation arose out of a citizen complaint that the median was not being maintained.  The median is City property and the action taken was an attempt by Parks and Recreation to take over and maintain a piece of City property that was not being adequately maintained.
	The memo from the Parks Horticulturist dated January 8, 1985, attached to this memo indicates that the City Horticulturist did a study of the median and recommended to the Parks Division what needed to be done.  The result was that the City became caught in the middle of a dispute between neighbors.  I believe the solution at this point is for the City to meet with the residents, present its plans, make reasonable modifications and then proceed.
	There was then some discussion of this matter and Mr. Wofford stated that he disagrees with the recommendation of the Horticulturist that except for the upper end of the first median (which is grass) the whole area should remain in a natural straw mulch.
	Mr. McBryde suggested replacing the plants which were removed.
	Following some further discussion, Mayor Hurley suggested a meeting of the Buildings and Properties Committee with residents of the street and with the City Horticulturist in order to come to an agreement.  Mr. McBryde, chairman of the Commission stated he would schedule such a meeting.
C.	Report on proposed restoration of the Market House.
	The City Manager stated the 1984-85 Budget included plans to paint the Market House.  However, as you will note from the additional information included, the Market House has some thirty layers of paint and is in need of more serious attention.  A representative of the N.C. Department of History and Archives will be meeting with Mr. McGugan next week.  Hopefully we can get a recommendation as to the best course to take.  It appears that just another layer of paint would be a waste of money.  He stated he would bring back a recommendation to Council.
	Mr. Wofford suggested that a look also be taken at the old Train Station on Hay Street.
	The City Manager informed Council that there was no need for an information meeting this month.
	Mr. Wofford then offered motion to cancel the information meeting for March 25, seconded by Mr. Dawkins and carried unanimously.
15.	Matters of Interest to the Council:
	Mr. Jones stated that the extension of Longview Drive had been renamed Carol Street.  He stated there are two Carol Streets in the City and that the residents of the one at the end of Longview Drive are not receiving their mail.  He suggested changing the name back to Longview Drive.
	Planner Al Mitchell stated that he would check this out and report back to Council.
	Mr. Jones asked how far are we advanced with the Prince Charles Hotel.
	The City Manager replied that the loan was due to close in December 1984.  However, it did not.  He stated the developer had submitted new budget figures to HUD and that they are in contact with another bank to negotiate the loan.
	Mr. McBryde stated that he had received a call from a lady in Eutaw Place concerning two businesses operating out of residences.  He stated that this caused some problems and suggested a rewriting of the ordinance about businesses operating in homes.
	Mr. Dawkins wished his son, Johnny, a Happy 26th Birthday Anniversary today.
	Mrs. Evans asked about the status of the Adams Court property.  Mr. Cogswell stated no word had been received as yet from Mr. Breswitz.  He stated he would attempt to contact him and get information on this property.
	Mr. Wofford stated he knows someone who is interested in buying this property.
	Mr. Wofford stated that a citizen had sent him an article from the Kinston newspaper about rates in that City for Cablevision.  He stated they were receiving 27 channels, 24 of them basic service,  for $8.95 a month.  He suggested that the City should take another look at the service being provided by Fayetteville Cablevision.
	Mayor Hurley that about one year ago Dr. Jack Britt, Superintendent of Cumberland County Schools had contacted him concerning the former Walker School on Elizabethtown Road.  Dr. Britt had informed him that the only access to this school was by a dirt path.  Dr. Britt had suggested to him the hard surfacing of the road.  Mayor Hurley stated that it was understanding that Mr. McCauley, the owner of the property will donate the right-of-way.  However, under the City's assessment policy, Mr. McCauley would be assessed for the paving.
	There was then some discussion of this matter and Mr. Wofford suggested the assessing of the school system for this paving.
	City Engineer Bob Bennett was asked to comment on this and he suggested the City buying the property for the installation of water and sewer and paving for future development of the location.  He stated the estimated cost to do this would be between $100,000 and $200,000.
	Mayor Hurley then extended thanks to the Police Officer for being present at the meeting this evening.
	Mr. McBryde then offered motion, seconded by Mrs. Felton that Council adjourn into Executive Session at 9:15 p.m. to consider a litigation matter only.
	Council then re-entered the Council Chamber and Mayor Hurley adjourned the Executive Session at 10:10 p.m., reconvened the Council into regular session, and adjourned the meeting upon motion made and duly seconded.
MEMORANDUM
MARCH 11, 1985
MEMORANDUM
TO:		Cliff Strassenburg, County Manager John P. Smith, City Manager
FROM:	Allen O'Neal, Assistant County Manager
		Roger Stancil, Assistant City Manager
SUBJECT:	Coordinated Human Service Transportation
Human service transportation in the Fayetteville/Cumberland County urbanized area to a highly decentralized system with agencies providing transportation to their own clients through private vehicles, agency vans, and various arrangements with public and private transportation providers.  We believe that the system as it exists often results in a duplication of efforts and something less than the best use of local, state, and federal funds available for human service transportation.  A preliminary study prepared by the Joint Planning Board dated November, 1984, and entitled “An Analysis of Selected Human Service Transportation providers in Cumberland County, North Carolina" indicates that there is some potential for a coordinated transportation system that will reduce this duplication of effort and maximize the return on our transportation investment.
There have been several attempts in the past to implement a transportation system for this purpose.  These attempts have not proven successful.  We believe, however, that a concentrated study by the agencies involved can result in recommendations for successful coordination.  The Public Transportation Division of the N.C. Department of Transportation has offered to provide technical assistance in this study.
We recommend, therefore, that the Board of Commissioners and the City Council jointly appoint a steering committee of representatives from appropriate agencies to study this issue and make recommendations to the governing bodies within six months.  This effort will also allow us to meet the terms and conditions of our transit-related grants that require us to provide human service transportation.  A recommended joint resolution is attached.
REGULAR MEETING
MONDAY, APRIL 1, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, APRIL 1, 1985
	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 the Invocation was offered by Councilman Jimmie Jones.  Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley then issued an enthusiastic welcome to the All-America citizens in the audience from their All-America City Council.
	Mayor Hurley stated the City Attorney had requested an Executive Session to be held at this time on a litigation matter due to the fact that Mr. Cogswell must leave on a business trip early tomorrow morning.
	Mr. McBryde offered motion, seconded by Mrs. Felton and carried unanimously to enter into Executive Session at 7:05 p.m. for a litigation matter only.
	The Council then re-entered the Chamber at 7:25 p.m. and Mayor Hurley adjourned the Executive Session and reconvened into Regular Session.
1.	Consent:
	Mr. McBryde pulled Consent Item 1E.  Mr. McBryde then corrected the minutes of March 18, 1985, Page 512, by substituting the word Eutaw “area" in place of Eutaw “place".
	City Manager Smith informed Council that Consent Item 1J should be withdrawn from the agenda and Consent Items 1I and 1K should read set a public hearing for May 6, instead of approval.
	Mr. Wofford then offered motion, seconded by Mr. Dawkins for approval of all Consent Items except 1E, 1J, and with corrections to the minutes and Consent Items 1I and 1K, motion carried unanimously.
	The Consent Items appear below.
E.	Approval of request for weapon and badge upon retirement of Herman Bishop, Auxiliary Major, Police Auxiliary Unit.
	Mr. McBryde stated that Mr. Bishop had practically raised him, was a good friend and a life long acquaintance.  He stated he felt his more than 40 years of service to the community with the Police Department deserved more than merely a Consent Item on the agenda.
	Mr. McBryde then offered motion for the approval of Consent Item E and of the request of Mr. Bishop and that a special ceremony be held to honor Mr. Bishop.  Motion seconded by Mr. Dawkins and carried unanimously.
	There was then a brief discussion on including in the ceremony recognition of all 30 year retirees from the City.
	Mr. McBryde then requested permission to abstain from voting on Items 2B, and 4 on the agenda and permission was granted.
	Mayor Hurley then stated the City Attorney had requested permission to interject an item pertaining to the Adams Court property in response to a question raised by Mrs. Evans at the last meeting.
	The City Attorney provided Council with a brief history concerning the Adams Court property.  He stated Mr. Jim Breswitz had requested deferral of this 
matter at one time due to financing.  He stated the matter was readvertised.  He stated the sale was then approved for the sum of $32,800.  He stated he had contacted Mr. Breswitz who told him that the Tax Department had assessed this property at $180,000.  Mr. Breswitz stated that he was going before the Board of Equalization and Review at its next meeting.
	Mrs. Evans then thanked Mr. Cogswell for this information and stated she would wait two weeks before recommending that City Council action be rescinded.  Mrs. Evans requested that this item be placed on the agenda for the next meeting.
	The approved Consent Items which should have appeared before Consent Item 1E appear below:
A.	Approval of minutes of regular meeting of March 18, 1985, as corrected.
B.	Approval of request for a refund of City taxes to Daniel Seaman in the amount of $159.35.
C.	Approval of a request for a refund of City taxes to Gary Compton and wife, Jeannette, in the amount of $318.14.
D.	Approval of a request for a refund of City taxes to AAA Company, Inc., in the amount of $494.00.
	Item E had been pulled.
F.	Authorize advertisement of Corporate Hangar Lease Agreement between Fayetteville Airport Commission and Frederick M. Powell (Powell Avionics).
G.	Authorize advertisement of Corporate Hangar Lease Agreement between Fayetteville Airport Commission and Valley Motors, Inc.
H.	Authorize advertisement of Amendment to Automobile Parking Lot Lease Agreement between Fayetteville Airport Commission and APCOA, Inc.
I.	Set Public Hearing for May 6, 1985, on the rezoning from R5 residential district to C1 local business district or to a sore restrictive zoning classification for an area located on the south side of Moore Street, east of Turners Lane.
	Item J had been withdrawn.
K.	Set Public Hearing for May 6, 1985, on the rezoning P2 professional district to C1 local business district for an area located on the north side of Hillview Avenue, west of Ramsey Street (U.S. 401 North).
2.	Public Hearings:
A.	Consideration of installation of water system and sanitary sewer system in Eunice Drive without petition.  Adoption of the resolution was recommended.
	The City Engineer presented this matter and stated that all property owners had been notified of this public hearing.
	There were neither proponents nor opponents present.
	Mr. Wofford then offered motion for adoption of the resolution, seconded by Mr. McBryde and carried unanimously.
	FINAL RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA INTO EUNICE DRIVE.  RESOLUTION NO. R1985-45.
B.	Consideration of amendments to the Fayetteville Zoning Ordinance establishing a new zoning district:  C2S central business district and the rezoning from C1 local business district, C2 central business district and C3 heavy commercial district to C2S central business district for an area located on both sides of Hay Street, between Dick Street and Ray Avenue extension.  Adoption of the ordinance was recommended.
	Planner Al Mitchell presented this matter and displayed a projection.  He stated the Planning Board recommended approval.
	Mrs. Joan Allen, 1414 Pine Valley Loop was recognized in favor and introduced members of the Blue Ribbon Sign Commission.  She displayed slides of the downtown area with explanations of the various signs shown on the various buildings.
	Mr. Brad Goodrum, 1524 Brookside Avenue, was recognized with comments in favor of this matter.
	Mr. Horace Thompson, 506 Thorncliff Drive, was also recognized in favor and comments.
	Mr. George Vaughan, Planning Department Director, was recognized with comments concerning this matter.
	There were no opponents present.
	Following some discussion, Mr. Dawkins offered motion to adopt the and the ordinance, seconded by Mrs. Evans and carried; Mr. McBryde abstaining.
	AN ORDINANCE AMENDING CHAPTER 32, “ZONING", OF THE FAYETTEVILLE CITY CODE OF ORDINANCES.  ORDINANCE NO. S1985-4.
C.	Consideration of City's application for Community Development Block Grant ending for FY 1985-86.  Approval was recommended.
	Mr. Richard Herrera, Director of Community Development Department presented this matter and stated that they had held four public hearings and had received funding suggestions.  He displayed projections of the proposed funding as follows:
	COMMUNITY DEVELOPMENT BLOCK GRANT
	1985-85
	STAFF FUNDING RECOMMENDATIONS
Administration						$211,200.00
Recreation (Savoy Heights)			100,000.00
Historic Preservation (Cool Spring)	20,000.00
Rehabilitation:
	1.	Windsor Terrace area		434,880.00
	2.	Orange Street Area			289,920.00
		TOTAL					$1,056,000.00
	Council than recognized the following persons from the audience in favor of Council than this funding as follows:
	Mary Helen Cole, 335 Hawthorne Road, who stated that plumbing was needed in the houses.
	Mrs. Rosalie Kelly, 127 Dobbin Avenue, in favor of the Cool Spring Restoration and requested that the Committee members stand, which they did.
	Reverend Sandy Saunders, Recreation and Parks Advisory Commission, in favor of the recreation funding and the Cool Spring Restoration.
	James Wall was recognized for Orange Street rehabilitation.
	Cynthia Thompson was recognized for upgrading of housing on Hawthorne Road.
	Jean McCormick, Kensington Circle, desired funding for their area.  Mr. Herrera stated this was outside the area designated for funding but he would be happy to discuss the matter with her.
	Jessie Gaddy, Savoy Heights, for upgrading of housing.
	Sally McGugan, Windsor Drive, for upgrading of housing.
	Betty Gillis, West Drive, for upgrading of housing.
	John McKinnon, Windsor Drive, for upgrading of housing. 
	Geneva Allison, Hawthorne Road, for plumbing in housing.
	Charlie Holmes, Hawthorne Road, for housing rehabilitation.
	Evelyn Freeman, Hawthorne Road, for insulation in housing. 
	There was no opposition present.
	Following brief discussion, Mr. McBryde offered motion to approve the funding as recommended, seconded by Mr. Jones and carried unanimously.
	Mr. Herrera then presented the Council with a timeframe for implementation of these improvements.
D.	Consideration of the issuance of a Downtown Loan to Thorpe and Clark, Attorneys, for the sum of $45,000 (restoration of Cool Spring Tavern).  Approval was recommended.
	The City Attorney presented this matter and stated that it had been continued from the last meeting.  He stated that Mr. Clark had requested approval of $45,000.
	There were neither proponents nor opponents present.
	Following some discussion, Mr. Jones offered motion for approval of the foregoing as recommended, seconded by Mrs. Felton and carried unanimously.
E.	Consideration of ordinance amending Chapter 14 and Chapter 16 of the Fayetteville City Code (administrative fees for clearing vacant lots and demolition of buildings). (Continued from March 18, 1985 meeting).
	The City Attorney presented this matter and stated that it had been deferred from the last meeting for the rewriting of a section of the ordinance.  He stated the effect of the ordinance was to create an administrative charge of $25.00 for vacant lots and $75.00 for building demolition.  He stated it was recommended the effective date of the ordinance be May 1, 1985.
	Following brief discussion, Mr. Wofford offered motion, seconded by Mr. McBryde to adopt the ordinance as presented for the additional administrative fees and to be effective May 1, 1985.  Motion carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 14 AND CHAPTER 16 OF THE FAYETTEVILLE CITY CODE OF ORDINANCES.  ORDINANCE NO. S1985-5.
4.	Presentation by Revitalization Commission regarding establishment of a Downtown Historic District.
	Mr. John Rose, 310 Circle Drive, was recognized for the Revitalization Commission Historic Committee.  He referred Council to the memorandum in the agenda packet and requested the establishment of an Historic District in the downtown area.  Mr. Rose recognized the members of the Historic Committee.  He stated they need $10,000 to start this program.  He stated the effect of the Historic District would be to protect the downtown mall properties.
	The following named were recognized in favor of the proposal:
	Mr. John Malzone, Committee Member; Mr. W. E. Murphy, of the Historic Properties Commission; and Mr. John Edge, 404 Pilot Avenue.
	Mr. Rose was again recognized with comments and requested approval of this proposal.
	Following brief discussion, Mrs. Evans offered motion that Council authorize the funding of $10,000 for this project as requested, seconded by Mr. Wofford and carried, Mr. McBryde abstaining to vote.
	The City Manager stated that funding would be available and that he would present a budget amendment at the next meeting.
	Mayor Hurley then declared a five minute break.
5.	Consideration of a request for Loading Zone at 121 Gillespie Street.
	The City Engineer presented this matter and stated in a memorandum that there was a loading zone at this location years ago.  In March of 1984, a review of the downtown loading zones, bus stops, and curb side parking zones was done in several unsigned, and unutilized ordinanced loading zones were discovered.  This loading zone had been overlapped by a bus stop for some time prior to March of 1984.  The loading zone ordinance at this location was deleted by Council; action on March 12, 1984.  Immediately south of the Market Square there is a two bus length bus stop; and, south of the bus stop are two marked curb parking spaces.  A review of the bus stop situation with the Transit Department reveals the two bus length is needed until the Mall opens; and then, this bus stop along with several others, can be reviewed to re-establish parking or loading zones as needed.  Please recall, there is a Council adopted warrant for establishing loading zones he concluded.
	Council recognized Mr. Steve Satisky, Collinwood Drive, and a downtown merchant on the Market Square.  Mr. Satisky gave a brief history of this location and of the former loading zone and the bus stops and stated the loading zone had been used extensively for his business alone.  He requested reestablishment of the loading zone.
	Following some discussion, Mr. McBryde offered motion to reestablish the loading zone at this location by the adoption of ordinances.  Motion seconded by Mrs. Felton.
	Following some further discussion, Mayor Hurley called for a vote on the motion and it carried, Mr. Wofford voting no.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE 10, LOADING ZONE - 121 GILLESPIE STREET, ORDINANCE NO. NS1985-9.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE 1, BUS STOP - 121 GILLESPIE STREET. ORDINANCE NO. NS1985-10.
6.	Consideration of interlocal agreement between Fayetteville Airport Commission and the Town of Spring Lake for the use of a 1969 Ford Tanker Fire Truck at the Airport.
	Mr. McBryde offered motion for approval of the foregoing agreement, seconded by Mr. Jones and carried unanimously.
	The City Manager stated that Consent Items 7 and 8, dealing with demolition ordinances, had been handled by the Inspection Department and can be deleted from the agenda and from discussion this evening.
9.	Consideration of 90-day extension of the Lease Agreement between City of Fayetteville and Crescent Development Corporation regarding The Municipal Market.  Approval was recommended.
	The City Manager stated this amendment would extend the lease agreement from March 31, 1985, to June 30, 1985.
	Mr. McBryde then moved for approval of the 90-day extension as recommended, seconded by Mr. Jones and carried unanimously.
10.	Appointments:
B.	The City Manager reminded Council that a letter had been distributed before the meeting by Mr. Tim Wood, Manager of PWC, requesting that Council take no action on Item B, nominations to fill one vacancy on the Public Works Commission Retirement Board, until the next meeting when recommendations would be made.
A.	Appointment of Taxicab Review Board Members.
	In a memo, Assistant City Manager Stancil, Chairman of the Taxicab Review Board, stated that one of the original appointments by City Council to the Taxicab Review Board representing the taxicab industry was Mr. Joe Marshall.
	Mr. Marshall has recently gotten out of the taxicab business.  The Taxicab Owners Association and the Review Board recommend that Council appoint Mr. Bill Baxley, AAA Cab Company, to replace Mr. Marshall.  Mr. Baxley has served since the beginning of the Board as an alternate member.  The Taxicab Owners Association and the Review Board recommend that Council also appoint Mr. Charles
Thorne, American Cab Company, to replace Mr. Baxley as an alternate member.
	Mr. McBryde offered motion to appoint Mr. Baxley and Mr. Thorne as recommended, seconded by Mr. Dawkins and carried unanimously.
11.	Delegations or individuals wishing to address Council:
	No persons wished to be recognized.
12.	Administrative Reports:
A.	Report on proposed restoration of Market House.
	The City Manager informed Council that the North Carolina Department of Archives and History had visited the City and observed the present condition of the building.  They had agreed with the proposal presented at the last meeting; that just another coat of paint would be a waste of time and money.
	Following some discussion, Mr. McBryde offered motion, seconded by Mr. Wofford and carried unanimously, that the City Manager be authorized to proceed with the restoration and the utilization of the funds for this purpose.
B.	Report on swimming pool operations.
	Mr. McBryde offered motion, seconded by Mrs. Evans that Council approve the request by the Advisory Recreation Commission that Seabrook Pool be closed and that $8,500 be allocated as soon as possible for necessary mechanical repairs of Lamon Street pool as contained in their memorandum to City Council from Mr. Jack C. Wilson, Director of the Recreation and Parks Department.
	Council recognized Mr. Wilson who presented the proposal in detail and there was considerable discussion of the matter.
	Following this discussion, Mayor Hurley called for a vote on the motion and it carried, Mr. Wofford voting no.
13.	Matters of Interest to the Council:
	Mrs. Felton stated that she had been contacted by some residents about the park on Estes Place.  She stated the park has deteriorated and the place needs a good general cleaning up.  She stated the children and the residents in the area could not utilize the park to its fullest in its present condition.  The City Manager and the Assistant City Manager were requested to check this matter out.
	Mr. Jones stated that protected left turn signals were needed badly at the Old, Bow, Green Street intersection.  He cited as an example the automobile accident which occurred at this intersection last Saturday in which a life was lost.  The City Engineer was requested to study this matter to this end.
	Mr. McBryde stated the bus stop at Whitfield Road and Southern Avenue needs relocation.  He stated that persons are having to stand in the street to catch a bus.  The City Engineer was requested to check this matter.
	Mr. Dawkins stated that the complete intersection at the Old, Bow, Green Street intersection needs looking at.  The City Engineer stated that he had this under survey.
	Mr. Wofford stated that cable television and emergency number 911 need to be put back on the list of things to be studied.
	Mr. Wofford also suggested that the copy of the telegram from President Reagan to Mayor Hurley in recognition of Fayetteville being designated an All-America City be made a part of the minutes of this meeting.  Mr. Wofford also suggested that the resolution adopted by City Council accepting the designation of Fayetteville as an All-America City be placed in the minutes of this meeting also.  The Clerk was directed to see that this is done and copies of these documents are on file with the original minutes of this meeting in the Clerk's office.
	On the same subject, Mayor Hurley also suggested that these documents be placed in the time capsule.
	Mr. McBryde requested City administration to provide reports of Internal Affairs investigations in the Police Department to the City Council members.
	Mayor Hurley asked the status of the Hawley Lane paving.  The City Engineer stated that additional right-of-way is needed and is being acquired at this time.  Following the acquisition of this right-of-way, paving can proceed he stated.
	Mayor Hurley then extended thanks to the Police Officer for being present this evening and extended congratulations to Gerald McPhail and his intended bride, upon the occasion of their marriage this Saturday, April 6, 1985.
	The meeting was then adjourned by Mayor Hurley at 9:30 p.m. upon motion made and duly seconded.
FACSIMILE
MARCH 27, 1985
1-021232I086004 03/27/85
TWX WHITEHOUSE WSH DLY PD
202 DLY GOVT WHITE HOUSE DC MAR 27
PMS MAYOR JOHN W. HURLEY //DLR DONT DWR//
CITY HALL
100 GREEN STREET
FAYETTEVILLE, NC  28301
I AM HAPPY TO HEAR THAT YOUR CITY HAS BEEN CHOSEN AS AN ALL-AMERICA CITY FOR 1984-85.  YOUR ADMINISTRATION AND YOUR CITIZENS HAVE REFUSED TO BE DAUNTED BY SERIOUS PROBLEMS, BUT HAVE TAKEN UP THE CHALLENGE AND HAVE SHOWN HOW MUCH CAN BE ACCOMPLISHED BY INITIATIVE AND COMMUNITY SPIRIT.
NANCY JOINS ME IN SENDING CONGRATULATIONS ON YOUR RICHLY MERITED AWARD ALONG WITH OUR BEST WISHES FOR EVERY FUTURE SUCCESS.
RONALD REAGAN
1310 EST
SPECIAL MEETING
TUESDAY, APRIL 9, 1985
	FAYETTEVILLE CITY COUNCIL
	SPECIAL MEETING
	KYLE HOUSE CONFERENCE ROOM
	TUESDAY, APRIL 9, 1985
	5:30 P.M.
Present:	Mayor Bill Hurley
		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:	Councilmember J. L. Dawkins (excused because of death of relative)
	Mayor Hurley called the meeting to order.  Councilmember McBryde offered a motion to convene into Executive Session to discuss litigation, seconded by Councilmember Wofford and carried unanimously.
	Upon reconvening into Regular Session at 6:30 p.m., City Attorney Cogswell recommended that the Council authorize the City's Attorneys to file appropriate post-trial motions in the Spell case pursuant to Rules 50, 59, 60, and 62, if necessary, of the Federal Rules of Civil Procedure, and after the court's decision on those motions, the Council will determine whether or not to file an appeal.  Councilmember McBryde offered a motion to follow the City Attorney's recommendation, seconded by Councilmember Wofford and carried unanimously.
	There being no further business, the meeting was adjourned at 6:35 p.m.
REGULAR MEETING
MONDAY, APRIL 15, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, APRIL 15, 1985
	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.  Reverend Robert L. Ladehoff, Rector, St. John's Episcopal Church, offered the following Invocation:  Almighty God, our heavenly Father, we thank you for those who have worked so faithfully to make this City a good a place to live; our Mayor, the members of this Council, those employed by the City, and the citizens who have caught a vision of what this community can be.  Help us all to build on their foundation.  Make this a City of beauty and compassion, of justice and kindness, of moral, courage, and strength - a City that rejoices in its heritage and that looks to the future with hope and expectation.  In all that we do, show us how we may serve you and your people.  And to your holy name, we give praise, honor, and in glory now and forever.  Amen.
	Following the Invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
Recognition:
	Presentation of weapon and badge to Herman Bishop, Auxiliary Major, Police Auxiliary Unit, upon his retirement.
	Mayor Hurley recognized Mr. Bishop and asked him to come forward.  He then presented him with him shield and service weapon upon his retirement after serving for more than 40 years in the Auxiliary Unit.  Mr. Bishop then expressed his appreciation and stated it was one of mixed emotions.  He stated that he had started serving the community as a teenager with the Sanitation Department.  He stated his association with the Police Department had been most gratifying.  He expressed thanks to the Mayor and Council and to everyone helpful to the Auxiliary Unit during the years.  He stated that although retired, he will continue to serve the community in any capacity possible.  Mr. Bishop was then accorded a standing ovation and a vigorous round of applause.
Recognition:
	Mr. Bob Ervin, President of the Fayetteville Area Board of Realtors, for a special presentation.
	Mayor Hurley then recognized Mr. Ervin and asked him to come forward.  Mayor Hurley stated he was generally accustomed to making presentations rather than receiving one.  Mr. Ervin then read a letter from Mr. Jack Braman, President of the Cleveland, Ohio area Board of Realtors recognizing the City for its All-America City designation and extending the congratulations of their Board of Realtors.  Mr. Ervin presented the letter to Mayor Hurley and stated that there are a lot of people who feel the same way in the Cleveland, Ohio area.  Mayor Hurley extended thanks to Mr. Ervin for the presentation and recognition.
	Councilman Dawkins requested that the Prayer of Reverend Ladehoff be entered in the minutes of this meeting.
	Mayor Hurley and the Councilmembers then directed the City Clerk to enter the following resolution from the North Carolina General Assembly in these minutes at this place:
	GENERAL ASSEMBLY OF NORTH CAROLINA
	SESSION 1985
	SENATE JOINT RESOLUTION 196
Sponsors:		Senators Tally and Rand.
Referred to:	Rules and Operations of the Senate. 
April 5, 1985
A JOINT RESOLUTION HONORING THE CITY OF FAYETTEVILLE ON BEING NAMED AN ALL-AMERICA CITY.
	Whereas, the City of Fayetteville has been one of the principal municipalities of the State of North Carolina for more than two centuries; and
	Whereas, the City of Fayetteville, founded in the 1730's, figured prominently in North Carolina's history during the American Revolution, served as a de facto capital for the State during the federal period, as a military center of vital importance to the country during world wars, and today is an integrated community prepared to meet the challenges of the twenty-first century; and
	Whereas, the citizens of Fayetteville and Cumberland County exemplify the American tradition of people of different races and cultures living and working together successfully to build a better life for everyone; and
	Whereas, the City of Fayetteville has overcome the problems that plague all modern cities and revitalized the community by initiating a successful downtown redevelopment plan; and
	Whereas, the renewed spirit of Fayetteville is apparent in the restoration of its historical architecture, its deep appreciation of its cultural resources, the many green walks, parks, and pleasant malls laid out for the enjoyment of citizens; and
	Whereas, this year the National Municipal League's Citizen Forum on Self Government, recognizing the measures taken by Fayetteville to improve the quality of life for its citizenry named the city an All-America City:
Now, therefore, be it resolved by the Senate, the House of Representatives concurring:
	Section 1.  The General Assembly of North Carolina honors the City of Fayetteville for its significant contributions to the history and culture of this State and proudly congratulates the City of Fayetteville as being named an All-America City.
	Sec. 2.  The Secretary of State shall transmit certified copies of this resolution to the Mayor and City Council of the City of Fayetteville.
	Sec. 3.  This resolution is effective upon ratification.
1.	Consent:
	Mrs. Evans pulled Consent Item 1E.
	Mr. McBryde requested and received permission to abstain from voting on Item 9.
	Mr. McBryde then offered motion to approve all Consent Items except 1E, seconded by Mr. Dawkins and carried unanimously.
	The Consent Items appear below:
A.	Approval of minutes of regular meeting of April 1, 1985.
B.	Approval of minutes of special meeting of April 9, 1985.
C.	Approval of the initial zoning of Tract I to M2 Industrial District and the initial zoning of Tract II to C1P Shopping Center District or to more restrictive zoning classification for an area located on the south side of N.C. Highway 87, west of U. S. 301 (Eastern Boulevard).
D.	Approval of the initial zoning to R5A Residential District or to a more restrictive zoning classification for an area located on the east side of Ramsey Street (U.S, 401 North), north of Heather Ridge Drive.
	Item E had been pulled.
F.	Approval of Corporate Hangar Lease Agreement between Fayetteville Airport Commission and Valley Motors, Inc.
	RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1985-46.
G.	Approval of Corporate Hanger Lease Agreement between Fayetteville Airport Commission and Frederick M. Powell (Powell Avionics).
	RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION R1985-47.
H.	Approval of Amendment to Automobile Parking Lot Lease Agreement between Fayetteville Airport Commission and APCOA, Inc.
	RESOLUTION AUTHORIZING THE AMENDMENT OF THE LEASE OF CITY OF FAYETTEVILLE PROPERTY - APCDA.  RESOLUTION NO. R1985-48.
I.	Set public Bearing for May 6, 1985, to consider the issuance of a Downtown Loan to Thorp and Clarke, Attorneys, for the sum of $50,000.
J.	Award contracts for purchase of 148 overhead and padmount distribution transformers to the low bidders. (PWC)  A copy is filed with the original of these minutes.
K.	Approval of reading into the minutes of the Knights of Pythias Resolution. (A copy is filed with the original of these minutes).
E.	Approval of the initial zoning of Tract I to P2 Professional District and the initial zoning of Tract II to M2 Industrial District or to more restrictive zoning classifications for an area located on the south side of Morganton Road, west of U.S. Highway 401 Bypass.
	Planner Al Mitchell presented this matter and stated that the Planning Board recommended approval as presented in their memo of April 15.
	Mrs. Evans stated to Mr. Mitchell that she thought the zoning should be R10 in keeping with the surrounding R10 area.
	Mr. Mitchell displayed a projection and stated the Planning Board had recommended that the area should be brought into the City as zoned by the County.
	There was then some detailed discussion of the matter.
	Mr. McBryde then offered motion to approve the zoning as recommended by the Planning Board, seconded by Mr. Dawkins.
	Council recognized Mr. Charles H. Astrike, for area residents in opposition to the proposed R5A zoning.  He requested Council to approve the zoning as recommended.
	There was then some further discussion.
	Mr. Jones then offered substitute motion to delay this matter until the next meeting, seconded by Mrs. Felton.
	Mr. McBryde then called the question.  Mayor Hurley stated the question had been called and debate would cease.  Mayor Hurley then called on the motion to cease debate and the vote was as follows:  For:  Councilmembers Dawkins, McBryde, Wofford and Felton.  Against:  Mayor Hurley and Councilmembers Evans and Jones.  Mayor Hurley declared the vote to cease debate, carried.
	Mayor Hurley then called for a vote on the substitute motion and it was as follows:  For the motion:  Councilmembers Felton and Jones.  Against the motion: Councilmembers Wofford, Evans, Dawkins, Mayor Hurley and Councilmember McBryde.  Mayor Hurley declared the substitute motion lost and called for a vote on the original motion.  The vote on the original motion was as follows:  For the motion:  Councilmembers Wofford, Evans, Dawkins, Hurley and McBryde.  Against the motion:  Councilmembers Jones and Felton.  Mayor Hurley declared the original motion to approve the rezoning as recommended by the Planning Board, carried.
2.	Reconsideration of sales agreement on Adams Court property.  It was recommended to rescind the previous action of October 15, 1984.
	The City Attorney presented this matter and stated that he has written and spoken to Mr. Jim Breswitz.  He stated in a memo to Mr. Breswitz dated April 4, 1985, he had informed him that at the April 1, 1985, Council meeting, the Council had asked that this matter be placed on the agenda for the April 15, 1985, meeting.  At that time, they would like to know what your intentions are concerning purchasing the property.  As I have stated previously, based upon our most recent appraisal, the sale price would have to be a minimum of $38,450.  Since the statute under which the sale was authorized states that the property can not be sold for less than the appraised value, I am of the opinion that the Council cannot legally comply with their previous action.  The City Attorney then stated to Council that the first appraisal was $32,800 and the second appraisal was $38,450 and that Council must go by the highest appraisal.
	There was then some discussion of this matter.
	Mr. Dawkins then offered motion, seconded by Mr. McBryde to rescind the previous action of the Council of October 15, 1984.  The motion carried unanimously.
	There was then some discussion of this matter and Mr. McBryde stated that he would call a meeting of the Buildings and Property Commission for Monday, April 22, 1985, at 7:00 p.m. in the Kyle House.
	There was then some further lengthy discussion of this matter and Mrs. Evans moved to adopt a resolution to file a notice with the Register of Deeds that the contract recorded in Book 2975, Page 299, is hereby rescinded by the City of Fayetteville, seconded by Mr. Wofford and carried unanimously.
	Mayor Hurley then stated that the City Attorney had requested an Executive Session for a litigation matter only at the end of this meeting.
3.	Consideration of resolutions authorizing condemnation for street construction projects:
	(a).	Parcel E-1 “C" Street Construction Project
	(b).	Parcel E-2 “C" Street Construction Project
	(c).	Parcel E-3 “C" Street Construction Project
	(d).	Parcel E-4 “C" Street Construction Project
	(e).	Parcel W-2 “C" Street Construction Project
	(f).	Parcel W-3 “C" Street Construction Project
	(g).	Parcel 5-4 Dick Street-Campbell Avenue Construction Project
	Adoption of the resolutions was recommended.
	The City Engineer presented this matter and stated that negotiations have taken place over the last several years on these rights-of-way.  The full appraised price has been offered to the property owners and rejected.  We believe the only way for these projects to go forward is for action to be initiated to acquire the rights-of-way by condemnation.
	Mr. McBryde then offered motion to adopt the resolutions as recommended, seconded by Mr. Jones and carried unanimously.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY - PARCEL E-1.  RESOLUTION NO. R1985-49.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY - PARCEL E-2.  RESOLUTION NO. R1985-50.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY - PARCEL E-3.  RESOLUTION NO. R1985-51.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY - PARCEL E-4.  RESOLUTION NO. R1985-52.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY - PARCEL W-2.  RESOLUTION NO. R1985-53.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY - PARCEL W-3.  RESOLUTION NO. R1985-54.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY - PARCEL 5-4.  RESOLUTION NO. R1985-55.
4.	Consideration of Municipal Agreement, Project #9.8062096, for New Traffic Signal Controller at Cliffdale/McPherson Church Road.  Approval is recommended.
	The City Engineer presented this matter and stated the NCDOT is offering to provide a new traffic signal controller for the City to install at the subject location.  The new controller will provide for protected left turns.  The City's obligation is to install the controller in accordance with NCDOT plans for the intersection.  We recommend approval of the municipal agreement authorizing the Mayor and City Clerk to sign for the City.
	Mr. Wofford moved for approval as requested, seconded by Mrs. Evans and carried unanimously.
5.	Consideration of Resolution of Application for allocation for private activity bond for Thorp and Clarke, Attorneys, for renovation of Cool Spring Tavern.  Adoption of the resolution was recommended.
	Mr. McBryde offered motion for adoption of the resolution, seconded by Mr. Wofford and carried unanimously.
	RESOLUTION OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA APPROVING THE APPLICATION FOR ALLOCATION FOR PRIVATE ACTIVITY BOND - THORP AND CLARKE, ATTORNEYS.  RESOLUTION NO. R1985-56.
6.	Consideration of Resolution of Application for allocation for private activity bond for Larry King and wife for renovation of the Pemberton Building, 242 Bay Street.  Adoption of the resolution was recommended.
	Mr. McBryde offered motion for adoption of the resolution as recommended, seconded by Mr. Wofford and carried unanimously.
	RESOLUTION OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA APPROVING THE APPLICATION FOR ALLOCATION FOR PRIVATE ACTIVITY BOND - LARRY KING AND WIFE. RESOLUTION NO. R1985-57.
7.	Consideration of Demolition Ordinance for structure located at 515 Link Street.  Adoption of the ordinance was recommended.
	Following brief discussion of this matter, Mr. Wofford offered motion to postpone action until a representative from the Inspections Department is present, seconded by Mr. Jones and carried unanimously.
8.	Consideration of adoption of Capital Project Ordinances and Amendments:
	(a).	CAP-85-2
	(b).	CAP-85-3
	(c).	Change 85-1 (CAP-1)
	(d).	Change 85-2 (CAP-2)
	(e).	Change 85-3 (CAP-3)
	(f).	Change 85-4 through 85-9 (CAP 84-1) (CAP 84-12)
	(g).	Change 85-10 (CAP-2)
	(h).	Change 85-11 (CAP-4)
	(i).	Change 85-12 (CAP-7)
	(j).	Change 85-13 (CAP-17)
	(k).	Change 85-14 (CAP-84-7)
	(l).	Change 85-15 (CAP-13)
	Adoption was recommended.
	The City Manager presented this matter and stated the purpose of these ordinances and amendments was to close out projects that are completed and current budget projects.  He stated none of the amendments involve the appropriation of any new funds.  These actions involve only reallocation of balances from one project to another or the allocation of funds in the 84-85 Budget specifically earmarked by City Council for these projects.  Many of these involve adjusting project budgets in accordance with prior City Council actions.
	Mrs. Evans offered motion for approval of the foregoing as recommended, seconded by Mr. Dawkins and carried unanimously.
9.	Consideration of request by the Blue Ribbon Sign Commission for removal of unsafe and unlawful signs in the downtown area.
	The City Manager presented this matter and referred to his memo in the agenda packet stating that the Blue Ribbon Sign Commission wants the City to proceed immediately with the removal of unlawful signs.  These signs generally fall into two categories.  First are the so called “phantom" signs that no longer advertise an existing business.  Second are the non-conforming signs under the new ordinance.  The first category can be removed immediately with a thirty day notice.  The second category has an amortization period.  My recommendation is that we proceed immediately on the “phantom" signs through normal enforcement.  This will require no action by the City Council except possibly a small supplemental appropriation that will be replaced later through the collection of liens.
	The second category of signs will require a longer period of time to get removed.  We may wish to consider some kind of incentive program to get these signs down earlier than one year.  I would like to have a little more time to work with the staff to explore some ideas as to how best to deal with this second category of signs, however, I see no reason not to proceed immediately with “phantom" sign as well as any that represent a safety hazard.  The City Manager stated that this information was in the form of a report and no City Council action is being requested.  He recommended that administration proceed with the Inspections Department as soon as possible if there is no objection from Council.  Council was in agreement.
	Mr. Wofford did remind the City Manager that some signs may have some historic value.  He requested that this be kept in mind for possible museum display of such signs.
10.	Consideration of Adoption of Ordinance regulating traffic and other activities on the Olde Fayetteville Commons.  Adoption of the ordinance was recommended.
	Assistant City Manager Roger Stancil presented this matter and stated the ordinance had been developed by the Transit Wall Management Team to regulate activities on the Olde Fayetteville Commons.  He stated this is a new ordinance and is needed for these purposes.
	There was then a lengthy discussion of the various aspects of the ordinance.
	Following brief discussion, Mrs. Evans offered motion to adopt the ordinance with a separate fee schedule, seconded by Mr. McBryde and carried unanimously.
	Following some further brief discussion, Mr. Wofford offered motion to adopt the foe schedule as recommended by the staff, seconded by Mrs. Felton and carried unanimously.
	The City Attorney then recommended that City Council add an additional paragraph to the ordinance to be in compliance with Section 1-6 of the City Code.
	Mrs. Evans offered motion to approve the foregoing request of the City Attorney, seconded by Mr. Jones and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 26, “STREETS AND SIDEWALKS", OF THE FAYETTEVILLE CITY CODE OF ORDINANCES - OLDE FAYETTEVILLE COMMONS.  ORDINANCE NO. S1985-6,
11.	Appointments:
A.	Nominations to fill one vacancy on the PWC Employee's Retirement Plan Board of Trustees (Employee representative).
    Mr. McBryde nominated Mr. Stephen K. Blanchard as recommended by PWC to complete the term of Mr. Louis Fulcher resigned.
B.	Nominations to fill one vacancy on the PWC Employee's Retirement Plan Board of Trustees (Must be an attorney).
	Mayor Hurley nominated Attorney Walker Worth to complete the term of Oliver Melvin who no longer resides in the City.  Mayor Hurley stated these nominations as well as any other would be considered at the next regular meeting of the Council.
12.	Delegations or individuals wishing to address Council:
	Council recognized Mr. Clinton Harris, who offered comments on the City's sidewalk program and requested Council's support of Fayetteville State University.
	Council also recognized Mr. Roger Nice, 445 Saddle Ridge Road in College Lakes who stated that they had a small problem at the corner of Sandstone and Shoreline Drives.  He stated this was a four-way stop.  He requested a relocation of the stop sign inasmuch as one of the streets is a dead-end.  The City Engineer was requested to check this out.
	Mr. Nice thanked the Council for the new fire hydrants.  He also stated there were some chuck holes that need repair.
	The City Engineer informed Council that all streets in this area are the still the responsibility of NCDOT until July 1, 1985.  The City Engineer was requested to contact DOT on this matter.
	Mrs. Felton stated that she had received requests from some residents to do something about Seabrook Pool as many children use this pool.  Mayor Hurley reminded Mrs. Felton that the Council had voted on this matter at the last meeting.  The City Manager stated that it was his understanding from Mr. Jack Wilson that transportation is to be provided for children in the Seabrook area to Lamon Street pool.  He stated he would check this with Mr. Wilson.
13.	Administrative Reports: 
A.	Report of taxes from Cumberland County Tax Collector.  The City Manager stated that the receipt of this report for the month of March 1985 should be made a matter of record in these minutes.
14.	Matters of Interest to the City Council:
	Mr. Wofford stated that the City Council and City administration needs to look at a liability insurance program for the City particularly with respect to the Police and Fire Departments.
	The City Attorney informed Council that a committee of insurance agents is working with Mr. George McCarthy, the City Risk Manager on this question.  The City Attorney stated that he had met with them on occasion and that additional information would be forthcoming.
	Mr. Dawkins and Mr. McBryde echoed Mr. Wofford's suggestion.
	Mr. McBryde requested that something be done about cars parking in the one hour limit spaces and then moving from space to space to avoid tickets and also parking in reserved spaces.  He stated he observes these infractions daily in the rear of his office on Old Street.  The City Manager was requested to check on this.
	Mrs. Felton renewed her request from the last meeting concerning the conditions in the park on Essex Place.  She stated there were drunks and profanity and that the children could not use this park.  The City Manager was requested to check this also.
	Mr. Dawkins called the attention of the City Manager about the regular meeting of the City Council of June 3 coinciding with the meeting of the All-America night in Washington, DC.  He stated that due to this circumstance no public hearing should be set for June 3 and that the Council meeting should be rescheduled.
	The City Manager stated that this would be taken under consideration and brought up at a subsequent meeting.
	The City Manager informed the Council that the All-America City tape and the Olde Fayetteville Association tape will be shown on Channel 20 on Cablevision on Thursday night, April 18.
	Mayor Hurley reminded the Council of several meetings occurring this month.  They are as follows:  April 23, the Annual Chamber of Commerce Banquet at Fort Bragg; April 23, the League of Municipalities District Meetings in Dunn and Southern Pines; April 23, the Groundbreaking for the New HCA Hospital Offices in the 500 Block of Hay Street; April 24 at 4:00 p.m. in the Kyle House, the Reception for the Dedication of the Maiden Lane Bridge to former City Councilman Gene Plummer and a walk to the bridge afterward for the dedication ceremony.  He recognized the efforts of City Clerk Maurice Downs for his work in preparing the list of invitees; former Mayors and Councilmembers and friends and relatives of Councilman Gene Plummer.
	Mr. Dawkins stated the Maiden Lane Bridge railings need attention badly in that they are rusting and staining the concrete.
	The City Engineer was requested to get an estimate on painting these railings and to take a look at the warranty.
	Mayor Hurley stated that with the permission of the Council, he would like to have entered into the minutes of this meeting the resolution adopted by the General Assembly in Raleigh pertaining to Fayetteville's All-America City designation.  This was agreeable with Council.  The Clerk was so directed and the resolution appears at the beginning of this meeting.
	Mayor Hurley extended thanks to the Police Officer for being present this evening.
	Mr. McBryde then offered motion, seconded by Mr. Jones and carried unanimously that Council enter into Executive Session to consider a litigation matter only at 8:30 p.m.
	The City Council then reentered the Council Chamber and Mayor Hurley adjourned the Executive Session at 9:00 p.m., reconvened Council into Regular Session, and adjourned this meeting upon motion made and duly seconded.
Recommended Low Evaluated bids
for Purchase of 148 Transformers
Bidder			Description 					Total Bid
Hesco			Two 333 KVA, 13.2v Overhead		$ 7,604.00
Eastern Electric		Four 300 KVA, 30, Padmount			 22,212.00
Eastern Electric		One 300 KVA, 30, Padmount			  5,998.00
Hesco			Three 100 KVA, Conv. Overhead		  3,762.00
Rigby Electric		Ten 75 KVA, CSP, Overhead			 12,278.60
WESCO-Fayetteville	Thirty 50 KVA, CSP, Overhead		 23,850.00
Hesco			Twenty 75 KVA, 10, Padmount		 30,760.00
Eastern Electric		Sixty 50 KVA, 10 Padmount		 	65,880.00
Hesco			Sixteen 100 KVA, 10, Padmount		 26,480.00
Rigby Electric		Two 100 KVA, Conv., Overhead		 2,432.56
REGULAR MEETING
MONDAY, MAY 6, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, MAY 6, 1985
	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 the Reverend Warren B. Petteway, Pastor of Baymount United Methodist Church offered the Invocation.  Following the Invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
Recognition:
	Kimberly A. Evans, Miss Fayetteville Dogwood 1986.
	Mayor Hurley recognized Ms. Evans, invited her down to the front, introduced her to the assembly, offered some remarks and made a presentation to her.
	Ms. Evans then commented on the privilege of being chosen to this high honor.  She offered praise for the program and for the All-America City designation.  She was then accorded a vigorous round of applause.
1.	Consent:
	The City Manager suggested that Council delay action on Item A - Change of regular meeting from June 3 to June 10 - to the next meeting since the Washington presentation was set for June 17 at the last word received.  Also, on Item E, a request had been received to postpone this public hearing date to July 15.
	Mrs. Evans requested an Executive Session at the end of the meeting on litigation.
	The City Manager requested moving Item 6 up to after the Consent.
	Mrs. Evans requested permission to abstain on Consent Item L and to pull it at this time.  Mr. Jones requested discussion of another legal matter during the closed session.
	Mr. McBryde then offered motion, seconded by Mr. Dawkins and carried unanimously to approve all consent items except to delay Item A, change date on Item E, and pull Item L.  Mr. Dawkins asked a question on the American Airlines lease and Airport Manager Tom Ray answered his inquiry.  Mayor Hurley then called for a vote on approval on the Consent Items and it carried unanimously.
A.	Delayed.
B.	Approval of the minutes of regular meeting of April 15, 1985.
C.	Approval of a request for a refund of City taxes to Lois A. Ives in the amount of $28.55.
D.	Approval of a request for a refund of City taxes to Aida T. Abdel-Malak in the amount of $13.94.
E.	Set public Hearing for July 15, 1985, to consider the rezoning from R6 residential district to C3 heavy commercial district or to a more restrictive zoning classification for an area located at 1810 Pamalee Drive.
F.	Approval of the initial zoning of Tract I to P2 Professional District and the initial zoning of Tract II to M2 Industrial District or to more restrictive zoning classifications for an area located at 5800 Morganton Road.
G.	Authorize advertisement of Rental Car Concession Agreement between the Fayetteville Airport Commission and Jeff Wilson Associates, Ltd., dba Thrifty Rent-A-Car.
H.	Authorize advertisement of Rental Car Concession Agreement between Fayetteville Airport Commission and Thorton and Stefanovich Rentals, Inc., dba Dollar Rent-A-Car.
I.	Authorize advertisement of Rental Car Concession Agreement between Fayetteville Airport Commission and National Car Rental System, Inc.
J.	Authorize advertisement of Airport Use Agreement between the City of Fayetteville and American Airlines, Inc.
K.	Approval of lease agreement between the City of Fayetteville and New Hanover County and rescind Agreement between the City of Fayetteville and the Town of Spring Lake.
	Item L had been pulled.
M.	Adoption of Resolution concerning rescission of Resolution concerning contract for Adams Court.
	RESOLUTION OF THE FAYETTEVILLE CITY COUNCIL RESCINDING CONTRACT WITH JAMES L. BRESWITZ.  RESOLUTION NO. R1985-58.
N.	Award of contract for purchase of Riveted Steel Grating and Hinged Sections to McCune Technology, the low bidder. (PWC)
O.	Award of contracts for improvements to Third Floor Public Works Commission building to low bidders. (PWC) (A copy of the list of bidders is available in the PWC office).
L.	Authorize advertisement of Assignment and Amendment to Fixed Base Operator Lease between Fayetteville Airport Commission and RMBP, Inc., (fixed base operator).
	Mr. Wofford offered motion for approval, seconded by Mr. Dawkins and carried.  Mrs. Evans abstaining to vote.
	Mayor Hurley then recognized Youth Council counterparts for Youth Week and had them stand, introduce themselves, and state which office they would be filling this week.  Following this, Mayor Hurley stated the Youth and City Council had spent most of today at the Kyle House together in a mutual learning session.
	Prior to discussion of Item 6, the City Attorney stated that Consent Items G, H, I, and J are to authorize advertisement rather than approval.  Mayor Hurley directed that the minutes reflect this change.
6.	Consideration of Supplemental Agreement from Wilbur Smith and Associates for design services for Airport Terminal expansion.  Approval was recommended.
	Airport Manager Tom Ray presented this item and gave details.  The total project sum is $378,000 he stated.  The project is eligible for state and federal funding participation.
	Mrs. Evans moved for approval as recommended by the Airport Commission, seconded by Mr. Dawkins and carried unanimously.
2.	Public Hearings:
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 south side of Moore Street, east of Turners Lane.  Planning Board recommends denial of C1 Local Business District and approval of P2 Professional District.
	Planner Mitchell presented this matter and displayed projections and stated the recommendation had been appealed.
	Mayor Hurley then asked for those in favor of Planning Board's recommendation and there were none.  Mayor Hurley then recognized those in opposition.
	Attorney Stacy Weaver, Jr. was recognized for his clients, the owners of the Tract in favor of C1 zoning and presented details.
	There was then a discussion by the City Council and the City Attorney offered comments on permitted activities.
	Mr. McBryde then moved to rezone the Tract from R5 to C1, seconded by Mr. Wofford and carried unanimously.
B.	Consideration of the rezoning from P2 Professional District to C1 Local Business District for an area located on the north side of Hillview Avenue, west of Ramsey Street. (U.S. 401 North).  Planning Board recommended denial.
	Planner Mitchell presented this matter, displayed projections and gave details of the petition.
	No one appeared in favor of Planning Board's recommendation for denial.
	Mr. Tommy Byrd, Route 1, Box 42A, Bunnlevel, was recognized in favor of the rezoning to C1 and offered comments.  He stated he is resident of City and operates a Print Shop in the area.
	Mr. Pete Oates, of Hillview Avenue was recognized in favor of the C1 zoning.
	Mr. Wofford then moved to deny the rezoning as recommended by Planning Board, seconded by Mrs. Evans and carried, Mr. Jones voting no.
C.	Consideration of issuance of Downtown Loan to Thorpe and Clark, Attorneys, for the sum of $50,000 (for restoration of Cool Spring Tavern).  Approval was recommended.
	The City Attorney presented this matter and stated that Council had already approved $45,000 and an additional $5,000 is requested.  If City Council approves this request, he recommended recession of the previous action before this approval takes place.
	There were neither proponents nor opponents present.
	Mr. Wofford then offered motion to rescind the previous action and approve this request, seconded by Mr. Jones and carried unanimously.
3.	Consideration of a request from S & G Construction Company, Inc. for closing a portion of Coronation Drive.  A Public Hearing was recommended for July 1, 1985.
	The City Manager suggested the Public Hearing for July 1 rather than June 10 as stated on the agenda.
	Following brief discussion, Mrs. Evans offered motion to set the public hearing on July 1 by adoption of the resolution, seconded by Mrs. Felton.
	There was then some discussion by City Council.
	Mayor Hurley then called for a vote on the motion and it carried unanimously.
	PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF CORONATION DRIVE.  RESOLUTION NO. R1985-59.
4.	Consideration of an Ordinance amending certain sections of Chapter 26, “Streets and Sidewalks" of the Fayetteville City Code of Ordinances.  Adoption was recommended.
	The City Attorney presented this matter and stated that portions of the ordinance had been discussed at the last meeting.  He stated that this ordinance deals with loud speakers on buildings on the Olde Fayetteville Commons and prohibits same.
	There was then discussion by the City Council.
	Mr. Jones then moved for adoption of the ordinance, seconded by Mr. McBryde.
	There was then some further discussion.
	The City Attorney suggested deferring action on this matter for two weeks for additional study of the questions raised during the discussion.
	A substitute motion was offered by Mrs. Evans to defer this matter for two weeks until the City Attorney can come back with clarification.  Motion seconded by Mr. Dawkins.
	Mayor Hurley then called for a vote on the motion and it carried as follows.  For the motion:  Councilmembers Wofford, Evans, Dawkins and Felton.  Against the motion:  Councilmembers Jones, McBryde and Mayor Hurley.
5.	Appearance by Mr. Dan Stout, Manager of Eutaw Shopping Center, concerning proposed improvements to existing Cain Road.
	Mr. Stout was recognized and stated he represented Eutaw managers and owners.  He stated Cain Road is one mile long and is the most dangerous street in the entire City system.  It runs between Bragg Boulevard and U.S. 401 Bypass.  He stated this road has been before City Council several times due to its narrowness and extreme hazard to vehicular traffic.  Work has been repeatedly delayed he stated.  He requested Council take immediate action to make the necessary improvements to this street.
	Following some discussion, Mrs. Evans moved that we widen and resurface Cain Road in the manner recommended by the City Engineer in his memo, seconded by Mrs. Felton.
	There was then some discussion by the Council.
	Mrs. Evans then changed her motion to read that we recommend to City Manager than this be placed in the budget and ask him to include in the coming year's budget an amount of money for this purpose.  Mrs, Felton agreed to the change and upon being put to vote carried.  Mr. Wofford voting no.
	Item 6 had already been handled earlier.
7.	Reports from Buildings and Property Committee:
A.	Report on disposal of Surplus Real Property.
B.	Report on Park Street.
	Mayor Hurley recognized Mr. McBryde, Chairman of the Commission, who stated the letter in the agenda packet was self-explanatory.  Recreation and Parks has a plan to present to the Park Street residents.  Upon their approval, Recreation and Parks will come back to City Council with a recommendation to complete the project.  He then called on City Engineer Bennett for the report on the disposal of Surplus Real Property.  Mr. Bennett stated a brief discussion was held by the Committee on establishing a procedure as to how such land could be disposed of.  He referred City Council to the report contained in the agenda packet.  If agreeable, this could be approved by City Council.  He outlined the proposed policy.
	There was then some discussion by City Council.  Mr. Wofford then moved to adopt the policy and the resolution, seconded by Mr. Dawkins and carried unanimously.
	RESOLUTION TO ADOPT A POLICY FOR DISPOSAL OF REAL PROPERTY.  RESOLUTION NO. R1985-62.
8.	Consideration of offer for purchase from the City of a tract of land on Glenola Street.  It was recommended to advertise for upset bids.
	The City Engineer presented this matter and stated the City has received a written offer of $2,100 for the tract.  We propose to advertise the offer for upset bids.
	Mr. Wofford moved to advertise by adoption of the resolution, seconded by Mrs. Evans and carried unanimously.
	RESOLUTION AUTHORIZING SALE OF REAL PROPERTY ON GLENOLA DRIVE.  RESOLUTION NO. R1985-60.
9.	Consideration of request from the developer of Florida Drive, east of Melba Street, to temporarily barricade Florida Drive.  Approval was recommended.
	The City Engineer presented this matter and stated that Mr. Frank T. Edge of 3298 Florida Drive, subdivided the land on each side of this section of Florida Drive and had the street paved.  He still owns all the property on each side of the street.  With no one living in the area, the isolated street has become a problem with night time parking and Mr. Edge is requesting that the City temporarily barricade this portion of the street, until he has a  use for the street to be open.  We recommend approval of his request.
	Following brief discussion, Mrs. Evans offered motion to approve the request, seconded by Mr. Jones and carried unanimously.
10.	Consideration of request from Barbour Homes, Inc., for acceptance of streets for maintenance in McArthur Place Subdivision.  Adoption of the resolution - conditional acceptance was recommended.
	The City Engineer presented this matter and stated this subdivision was developed in 1984-85, including utilities and street improvements outside the City and was recently annexed into the City.  The streets were never accepted for maintenance by NCDOT.  We have inspected the streets and drainage system and find several corrections that should be made by the developer; however, the developer is anxious for the City to accept the street.  We have prepared a conditional acceptance resolution which states the City will accept the streets for maintenance provided the corrections are made in accordance with the usual City standards.  We recommend adoption of the resolution; and, as soon as the corrections are made, the City may begin maintenance.
	Mr. Wofford raised the question of doing this until the Department of Justice decision on annexation is resolved.  The City Manager stated the Department's action applied only to voting rights and not to City services.
	Mrs. Evans then moved to approve the request as recommended by the City Engineer by the adoption of the resolution.  Motion seconded by Mrs. Felton.  Mayor Hurley then called for a vote on the motion and it carried as follows:  For the motion:  Councilmember Evans, Mayor Hurley, Councilmembers Jones and Felton.  Against the motion:  Councilmembers McBryde, Dawkins and Wofford.
	RESOLUTION AUTHORIZING THE ACCEPTANCE OF STREETS IN MCARTHUR PLACE SUBDIVISION.  RESOLUTION NO. R1985-61.
11.	Consideration of revision to traffic schedules:
A.	Schedule #6 - Stop Intersections
B.	Schedule #14 - Yield Right-of-Way
C.	Schedule #11 - Parking Prohibited.
	Approval of all of the foregoing was recommended.
	The City Engineer presented this matter and stated that A and B are in newly annexed areas and C is by petition from businesses on Drake Street.  Mrs. Evans moved to consider A through C together, seconded by Mrs. Felton.
	There was then some discussion by City Council.
	Mr. McBryde questioned the Stamper Road and Lyon Road yield.
	Mrs. Evans then withdrew her motion and Mrs. Felton her second.
	Mrs. Evans then moved to adopt Schedule A, seconded by Mrs. Felton and carried unanimously.
	Mrs. Evans them moved to adopt Schedule 8, seconded by Mrs. Felton.
	Mr. McBryde offered substitute motion to amend the motion to remove Stamper Road yield at Lyon Road, seconded by Mr. Jones and carried unanimously.
	Mr. Dawkins then moved to adopt Schedule C, seconded by Mr. Wofford and carried unanimously.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE TRAFFIC SCHEDULE #6 - STOP INTERSECTIONS - VARIOUS LOCATIONS. ORDINANCE NO. NS1985-11.
	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.  ORDINANCE NO. NS1985-12.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NO. 11 - PARKING PROHIBITED - DRAKE STREET.  ORDINANCE NO. NS1985-13.
12.	Consideration of removal of unused meter poles in the downtown area.  Approval was recommended.
	The City Manager presented this matter and stated that when the City Council voted to remove on-street parking meters, you stipulated that meter poles would remain in case you decided to put the meters back up.  The Appearance Commission has suggested that the City remove the posts.  City administration concurs in that recommendation.  Following brief discussion, Mr. McBryde offered motion to approve the removal of the meter poles as recommended, seconded by Mr. Wofford and carried unanimously.
13.	Consideration of bids for resurfacing of City Streets.  It was recommended to award to Cumberland Paving, the low bidder.
	The City Engineer presented this matter and recommended awarding to the low bidder Cumberland Paving Company, for their bid of $262,063.06.
	Mr. Jones moved for approval as recommended, seconded by Mrs. Felton and carried unanimously.
14.	Consideration of exchange of property between the City of Fayetteville and Seaboard Coastline Railroad.  It was recommended to authorize advertisement.
	The City Manager presented this matter and stated that we have concluded our negotiation with Seaboard Coastline Railroad for the property necessary for Ray Avenue and the Market Project.  One aspect of the proposed settlement is the exchange of a portion of City owned land.  Before the Council can give final approval to the deal, the land exchange must be advertised.  Council can then take final action at the next regular meeting.
	Mrs. Evans moved to authorize advertisement as recommended, seconded by Mr. McBryde and carried unanimously.
15.	Discussion of acquisition of additional downtown parking (300 Block of Hay Street and Belk property).
	The City Manager presented this matter and referred to his memo in the agenda packet. (A copy is attached to the original minutes in the Clerk's office).  The City Manager recommended Council authorize securing additional appraisals.
	Following some discussion, Mrs. Evans moved to refer this matter to the Revitalization Commission for a recommendation, seconded by Mr. Wofford and carried, Mr. McBryde abstaining to vote.
16.	Consideration of request for approval of reinterment of unknown remains.  The recommended action was to authorize advertisement.
	The City Attorney presented this matter and stated that the City does not own Mims Cemetery.  He stated the City is to approve the process of allowing bodies to be reinterred and the County approves the site.  The City Council is to authorize the advertisement (see memo attached to the original of these minutes in the Clerk's office).
	City Council recognized Mr. Waverly Broadwell, who offered comments on the matter and referred to his correspondence in the agenda packet.
	Following some discussion, Mr. McBryde offered motion to advertise the matter and to approve Mr. Broadwell's request to reinter those bodies uncovered in Mims Cemetery and to leave those that have not been disturbed undisturbed. Motion seconded by Mr. Jones and carried unanimously.
17.	Consideration of Financial Plan Arrangement, Change 85-1 (transfer of Maintenance personnel from Transit to Fleet Maintenance).  Adoption was recommended.
	The City Manager presented this matter and stated this is a budget transaction when Transit facility was moved to its new facility and combined with Fleet Maintenance.  This is to account for salaries of Transit Maintenance and Fleet Maintenance personnel.
	Following brief discussion, Mr. Jones moved to adopt the financial plan amendment as recommended, seconded by Mrs. Evans and carried unanimously.
18.	Discussion of Justice Department ruling on annexation.
	Mayor Hurley suggested a separate meeting to discuss this matter in detail.
	Following brief discussion, Council decided to reconsider this matter after the Executive Session tonight.
19.	Appointments:
A.	Election of nominees to PWC Employees Retirement Plan Board of Trustees.
	Mr. Wofford offered motion for the appointment of Steven K. Blanchard, PWC employee, to complete the term of Lewis Fulcher, resigned, to run to June 1988, and Walker Y. Worth, Jr., Attorney, to complete the term of Oliver Melvin, no longer attending, to run to June 1987, seconded by Mr. Dawkins and carried unanimously.
B.	Nominations to fill three vacancies on the Board of Appeals on Dwellings and Buildings.  Mr. McBrdye nominated F. Paul McGwier.   Mr. Dawkins nominated Doyle Hubbard.  Mr. Wofford nominated Horace R. Humphrey.
C.	Nominations to fill one vacancy on Human Services Commission, due to the resignation of Barbara Hammonds.
	Mr. McBryde nominated Tony Macey.
20.	Delegations or individuals wishing to address Council:
	There were none.
21.	Administrative Reports:
A.	Report on petition for Hull Road connection to Elm Street.   Mr. Thornton Rose was recognized for FTI and stated they were considering requesting closing Hull Road due to the traffic and making it a part of the campus.  He requested Council to reject the plan to extend the road.
	Mr. Dan Stout, Eutaw Shopping Center, was recognized and requested approval of the plan and stated that traffic would not necessarily be routed onto Hull Road.
	There was then some discussion by Council.
	Mr. Wofford then moved that the City Engineer investigate the cost of straightening Elm Street and dead ending it into Ft. Bragg Road, seconded by Mr. McBryde and carried unanimously.
B.	Report concerning painting of the guard rails on the Maiden Lane Bridge and approaches. (The Gene Plummer Memorial Bridge).
	Mr. Wofford offered motion to leave this as it is for the time being, seconded by Mr. Jones.
	There was then a brief discussion and sandblasting of the concrete was considered.  Mr. Jones then withdrew his original motion and moved to authorize the City Engineer to explore further the possibility of removing stains from the concrete, seconded by Mr. Dawkins and carried unanimously.
C.	Report concerning the railroad crossings of McPherson Church Road.
	The City Manager reported that the Aberdeen and Rockfish Railroad had responded to the City's request for removing a railroad track that crossed McPherson Church Road.  There remains one track crossing McPherson Church Road immediately south of Raeford Road and this crossing is in fair condition.  We have voiced our appreciation to A & R Railroad for proceeding with this removal.
22.	Matters of Interest to the Council:
	Mr. Wofford stated that he had heard there is pending litigation concerning the old Civil Service Commission.  He asked the staff to check to see if the Council has legal responsibility to help defend any former members of City commissions.
	This was discussed for several moments with the City Attorney.
	Mrs. Evans stated that Sunday-on-the-Square was a great success, and afterward all litter was promptly removed and she expressed thanks and appreciation to the Parks and Recreation and Sanitation Departments for the clean-up.
	Mr. Dawkins stated that the dedication of the Gene Plummer Memorial Bridge was very meaningful and well deserved.  Along with Mr. Plummer, Mr. J. W. Pate, Jr. was a very fine Councilman, he also paid tribute to the late Senator Sam Ervin.
	Mr. McBryde stated that he had become increasingly frustrated with the lack of communications between City Council and City Administration and cited the recent Spell court case.  He stated he had to secure information from various sources.  He stated he had not received information on meal costs for the City's lawyers.  He stated he had not received information on internal briefings on police department internal affairs investigations.  He stated the Chief of Police is building his own supply room despite City's central supply system.  He stated the Word Processing Center is not being fully utilized.  He concluded by stating the City Council needs information on legal expenses, and all of the foregoing is information the City Council needs for its consideration.
	Mr. McBryde then moved that from now on, every time the Internal Auditor makes a report to the Kyle House about anything, including personnel, it be made in writing and copies go to the City Council and Mayor.  Motion seconded by Mr. Dawkins.
	Following some discussion of this motion, Mayor Hurley called for a vote and it carried, Mayor Hurley voting against.
	Mr. Jones stated he was led to believe that when a person completed the necessary training for the Police Department they were eligible to be armed to enforce the laws, such as our Park Rangers.  We had a rape in Mazarick Park and how would a Ranger approach and stop such a person in this circumstance with mace, radio, and handcuffs.  The Rangers should be armed like regular police officers for the protection of park patrons he stated.  It will affect a bond issue on the parks of the City too, he stated, because people will not vote for it.
	Mr. Wofford stated in reply that we should possibly have two Police Departments in the City.  Or, if Rangers are to be armed they should be under the Chief of Police, and, if so, City Council should look at this issue.
	Mrs. Evans stated she does not want to see guns in our City parks.
	Mayor Hurley stated he was in favor of regulation but not police enforcement.  He suggested that City administration check and come back to City Council with a recommendation.
	Mr. Jones asked if the Police Auxiliary had been disbanded.  The City Manager replied that the Chief of Police would like to see an Auxiliary force but an unarmed one.
	There was then some discussion of this matter.
	Mayor Hurley then stated that the City Council would like it entered into the minutes of this meeting, that they recognized the untimely death of former City Councilman J. W. Pate, Jr.
	Mayor Hurley extended thanks to the police officer for being present tonight.
	Mr. McBryde then offered motion, seconded by Mrs. Evans and carried unanimously that City Council enter into Executive Session for a litigation matter only.
	Council then reentered the Council Chamber and Mayor Hurley adjourned the Executive Session and reconvened into Regular Session.
	Mayor Hurley called on the City Attorney for remarks.
	The City Attorney recommended that City Council authorize the filing of a notice of appeal in the case of Henry Z. Spell vs. the City, Charles McDaniel and others.
	Mr. Wofford moved to follow the foregoing recommendation of the City Attorney and to file a notice of intent to appeal in the Henry Z. Spell case, seconded by Mr. Jones and carried unanimously.
	Mayor Hurley stated that concerning the Justice Department's decision on the annexations, what is City Council's pleasure at this time?
	Mr. Dawkins suggested that the City Manager or City Attorney look into the matter of the elections to discuss with the legislative delegation.
	Mrs. Evans suggested that the City Council meet to discuss the decision further and as soon as possible and to consider City Council's options.
	Mr. Wofford then moved that legislation be drafted to allow postponement of the elections until the issue is settled with the Justice Department, seconded by Mr. McBryde and carried unanimously.
	Mayor Hurley then adjourned this meeting to 8:30 p.m., Wednesday, May 8, 1985, City Hall Council Chamber to discuss the annexation issue.
CONTINUATION OF REGULAR MEETING
WEDNESDAY, MAY 8, 1985
	FAYETTEVILLE CITY COUNCIL
	CONTINUATION OF REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	WEDNESDAY, MAY 8, 1985
	8:30 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Mildred Evans, J. L. Dawkins, 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)
	Mayor Hurley reconvened the meeting of May 6 at 8:30 p.m.  The Mayor first asked city Attorney Cogswell to present the letter from the U.S. Department of Justice and the options for the City of Fayetteville.
	City Attorney Cogswell discussed the letter from the Department of Justice disapproving the 29 annexations.  He stated that the City had three options.  One, to seek a reversal of the disapproval in District Court in the District of Columbia; two, seek reconsideration of the finding by the Department of Justice; three, develop a different mode of election for the City of Fayetteville that would satisfy the Department of Justice concerns.  Councilmember Wofford asked if another option, de-annexation of the areas concerned, were not also a possibility.  He stated that his purpose in suggesting this option was to buy adequate time to decide on an election system.  City Manager Smith indicated that this would probably involve the de-annexation of all 29 areas.   Councilmember Wofford suggested that another option might be to do nothing.
	Councilmember Felton suggested dividing the City into six districts.  Councilmember Dawkins asked if anyone's right to vote had been violated by the City of Fayetteville?  City Attorney Cogswell responded no.  Councilmember Dawkins stated that people like to vote on all candidates.  There then followed a general discussion of possible methods of changing the election system and discussion of the impact of additional annexations on any change made now.  Councilmember Evans suggested dividing the City into 3 districts, 2 of those districts with a predominantly black population, and 3 at-large councilmember seats.  Councilmember Wofford suggested 4 districts, 2 predominantly black, 2 predominantly white, and 2 at-large seats with the entire City voting on all candidates.
	Councilmember Evans suggested that the staff investigate the drawing of possible districts.  Councilmember Dawkins suggested that we seek advice from experts or from someone who has been through this process.
	Mayor Hurley stated that he had been delivered a letter from Ms. Henderson of the NAACP requesting that the City Council consider setting up 6 districts.
	Mr. Clinton Harris then addressed the Council and displayed a map dividing the City into 6 single member districts using the number of registered voters as the basis for his division.  He suggested that this method would be the quickest way to get approval by the Department of Justice of a new election plan.
	Upon motion by Councilmember Dawkins, seconded by Councilmember Felton, the Council voted unanimously to convene into Executive Session at 9:40 p.m. to discuss litigation and personnel.
	The Council reconvened into Regular Session at 10:35 p.m.  Upon motion by Councilmember Dawkins, seconded by Councilmember Wofford, the Council voted unanimously to adjourn.
SPECIAL MEETING
MONDAY, MAY 13, 1985
	FAYETTEVILLE CITY COUNCIL
	SPECIAL MEETING
	KYLE MOUSE CONFERENCE ROOM
	MONDAY, MAY 13, 1985
	5:30 P.M.
Present:		Councilmembers Milton Wofford, J. L. Dawkins, Milo McBryde, Jimmy 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 (excused), Councilmember Mildred Evans (excused)
	Mayor Pro Tem Dawkins called the meeting to order at 5:30 p.m.  Upon motion by Councilmember McBryde, seconded by Councilmember Felton, the Council voted to convene into Executive Session to discuss the litigation.
	Council reconvened into Regular Session at 6:55 p.m.  City Attorney Cogswell recommended that the Council employ Nick Fountain, Gary Parson Joyner, and George Cochrane to represent all defendants except Charles in Spell vs. McDaniel, 84-06-CIV-3, U.S. District Court.  The amount of compensation to be as follows:
	Nick Fountain - $85.00 per hour
	Gary Parsons - $75.00 per hour
	Gary Joyner - $65.00 per hour
	George Cochrane - $100.00 per hour
	Messrs. Fountain, Parsons, and Joyner will add 5% surcharge to cover routine copies, instate telephone calls and postage.  Mileage and other out of pocket expenses (out-of-town lodging and meals, for example) to be billed at cost.
	Upon motion by Councilmember Wofford, seconded by Councilmember Felton, the Council voted unanimously to follow the recommendation of the City Attorney.
	Upon motion by Councilmember Jones, seconded by Councilmember Felton, the Council voted unanimously to adjourn at 7:00 p.m.
REGULAR MEETING
MONDAY, MAY 20, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, MAY 20, 1985
	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 the Reverend J.A. McDougald, Mattock Memorial A.M.E. Zion Church.  Following the Invocation, Mayor Hurley led the audience in the Pledge of Allegiance to the Flag.
Recognition - Youth Council Members - David Custard and Dave Cunningham.
	Mayor Hurley recognized David and Dave and Dave read a proclamation of thanks from the Youth Council to the City Council for their support of Youth Week.
	The City Attorney requested an Executive Session at the end of this meeting for a litigation matter.  Mr. Wofford requested discussion of a personnel matter at the same time.
	Mayor Hurley acknowledged receipt of a resolution from the Town of Hope Mills and requested that it be placed in the minutes.
	RESOLUTION
	OF THE
	BOARD OF COMMISSIONERS
	OF THE
	TOWN OF HOPE MILLS, NORTH CAROLINA
	WHEREAS, the City of Fayetteville has been designated as an All-America City for 1985, and
	WHEREAS, the All-America City designation is a great honor recognizing the accomplishments of the City of Fayetteville, and
	WHEREAS, the honor bestowed upon the City of Fayetteville reflects favorably upon all of the citizens and municipalities in Cumberland County including the Town of Hope Mills;
	NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Town of Hope Mills that the citizens of Hope Mills and the Board of Commissioners extend their congratulations to the City of Fayetteville for achieving the All-America City designation and for the many accomplishments which qualified it for this honor.
	ADOPTED this 6th day of May, 1985.
	/s/  Alfred N. Brafford, Mayor
	Alfred N. Brafford, Mayor
ATTEST:
/s/ Erika U. Santiago, Town Clerk
Erika U. Santiago, Town Clerk
1.	Consent:
	The City Attorney stated that in the minutes of May 13, where the City Council approved the employment of Professor Cochran, his rate includes all but travel and long distance phone calls.  He requested that this be made a matter of record.  Council agreed.
	Mr. Dawkins then moved to approve all of the Consent Agenda as presented, seconded by Mr. McBryde and carried unanimously.
	The Consent Items appear below:
A.	Approval of change of regular meeting date from June 17, 1985, to June 24, 1985.
B.	Approval of minutes of regular meeting of May 6, 1985.
C.	Approval of minutes of continuation of regular meeting of May 8, 1985. 
D.	Approval of minutes of special meeting of May 13, 1985.
E.	Set Public Hearing for July 1, 1985, to consider an application by Bordeaux Preschool, Inc., for a special use permit as provided for by the Fayetteville Zoning Ordinance, Article IV, Section 32-27, Item (1) to operate a day care center in a P2 Professional District for an area located on the east side of Boone Trail Extension, south of Village Drive.
F.	Approval of a resolution setting a Public Hearing for July 1, 1985, to consider closing a portion of Alfalfa Street.
	PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF ALFALFA STREET.  RESOLUTION NO. R1985-63.
2.	Report from Revitalization Commission concerning downtown parking alternatives.
	Mayor Hurley recognized Mr. Horace Thompson, Chairman of the Revitalization Commission in the audience. (See Mr. Thompson's report with the original of these minutes).
	Mr. Wofford offered comments on a proposed parking deck in the 300 Block of Hay Street.  Mrs. Evans offered comments and suggested that City Council take no action at the present time.
	Mr. Thompson was recognized with comments from his memo, and emphasized not destroying any more front line buildings.
	There was then general discussion and comments by the Council.
	Mr. John Rose of the Revitalization Commission was recognized with comments and stated we must have a conceptual plan.  Mr. Dohn Broadwell of the Revitalization Commission was recognized with comments.  Mr. Clinton Harris, a local citizen, was recognized with comments.
	Following this discussion, Mr. Wofford moved that we let the City Engineer look into the cost of putting surface parking in the available unused space in the 300 Block of Hay Street where there will be no buildings and also study a lease agreement which we could enter into with the property owners of that land for a five to ten year period with a buffer on Hay Street, then give it to the Revitalization Commission for review.  Also, include the Belk property, too, in the 100 Block of Hay Street.  Motion seconded by Mrs. Evans and carried, Mr. McBryde abstaining to vote.
	Mayor Hurley then extended thanks to the Revitalization Commission for their report.
3.	Consideration of a Resolution of Application for allocation for private activity bond for the Junior League of Fayetteville for renovation of the Hairr Building, 308 Green Street.
	Mr. Wofford moved to adopt the resolution, seconded by Mr. McBryde and carried unanimously.
	RESOLUTION OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA APPROVING THE APPLICATION FOR ALLOCATION FOR PRIVATE ACTIVITY BOND.  RESOLUTION NO. R1985-64.
4.	Consideration of Budget Ordinance Amendment Change 85-7.  Adoption was recommended.
	The City Manager presented this matter and stated that the City Council had received a memo on Friday in explanation.  This is basic year-end budget amendments to get everything ready for close-out among the various funds and accounts.
	Mrs. Evans offered motion to approve the foregoing as recommended, seconded by Mrs. Felton and carried unanimously.
5.	Consideration of resolutions concerning transfer of streets from State to City maintenance in newly annexed areas:
A.	Resolution for accepting certain streets for maintenance as of July 1, 1985.
B.	Resolution requiring NCDOT to continue maintenance of certain streets and resurfacing by NCDOT.
	The City Engineer presented this matter and stated in his memo that NCDOT has requested that the City of Fayetteville by resolution request streets within the recently annexed areas that are not on the Thoroughfare Plan be transferred from State to City maintenance.
	We believe that some of the streets in the College Lakes Subdivision area have been allowed to deteriorate to the extent that they should be resurfaced before the City is required to accept them for maintenance.  We suggest that all of the streets that are in areas recently annexed by the City and where utilities are to be constructed, should be transferred from State to City maintenance.  The streets in the College Lakes area north of Stacey Weaver Drive already have utilities and the majority of those streets are in a very deteriorated condition.  A resolution is attached for official City Council action requesting that these streets remain on the NCDOT system until they are resurfaced.
	Another resolution is attached to officially sanction the transfer of other neighborhood streets from the State system to City maintenance as of July 1, 1985, Street maps are attached for all of the streets involved.
	Mr. Wofford offered motion for adoption of Resolution A, seconded by Mrs. Evans and carried unanimously.
	RESOLUTION AUTHORIZING THE ACCEPTANCE OF STREETS.  RESOLUTION NO. R1985-65.
	Council then considered Item B, the second Resolution.
	The City Engineer referred back to his memo and answered questions concerning this action.
	Following this, Mr. Jones offered motion for adoption of Resolution B, seconded by Mr. Dawkins and carried unanimously.
	RESOLUTION REQUESTING THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TO CONTINUE MAINTAINING AND TO RESURFACE CERTAIN STREETS IN THE COLLEGE LAKES SUBDIVISION.  RESOLUTION NO. R1985-66.
	There then followed a brief discussion of street resurfacing on Hay Street and Morganton Road.
6.	Consideration of request for legal representation for:
A.	Chief Ronald Hansen.
B.	Officer Ricky Shupe.
	The City Attorney presented this matter and stated that Item A was litigation over Bingo Games which is under a restraining injunction at this time.  He recommended representation for Chief Hansen.  The other case involved continuation of the case with Mr. Eugene Murphy, in which the police officers were found not guilt by the court.  The case had been appealed and Mr. Cogswell requested Council approve representation for Officer Shupe.
	Mrs. Evans then moved for approval on both Items A and B as recommended by City Attorney, seconded by Mr. Jones and carried unanimously.
7.	Discussion of Justice Department ruling on annexation.
	The City Attorney presented this matter and requested City Council consider three things:  1) drafting of a bill and how long the Council would want a filing time before election, 2) would city Council want those people elected just until the next General Election, or to serve two year terms, then hold an election, 3) if City Council is to consider staggered terms, then that will have an affect on this matter.
	There was then discussion by the Council.
	Mr. Wofford suggested setting the date after the decision is received from the Justice Department.
	Mrs. Felton suggested the establishment of six voting districts.
	Mr. Dawkins disagreed with this suggestion.
	There was then a further discussion of the 90-day period.
	The City Attorney suggested City Council setting a June 15 deadline on themselves to decide and stated he would call Raleigh tomorrow to make sure the legislative doors would still be open.  This was satisfactory with Council.
	Mr. Wofford then commented on the six-member districts and stated he foresaw problems with this.  He mentioned as examples; the bus system, recreation and parks, and other functions.  There was then a detailed discussion of this.
	Mrs. Evans suggested we should have so many elected from districts, and so many elected at-large, and those elected at-large would have to have responsibility for the entire City.  There was then further discussion.
	Mr. Wofford suggested a compromise plan and this was discussed for some time.
	Mayor Hurley then suggested that Council members offer various alternatives for discussion.
	Mr. McBryde suggested offering several alternatives and administration bringing back a proposal.
	Mr. Wofford suggested the immediate annexation of another predominantly black area to bring us back into balance, if possible.  Also, the six-member districts if elected at-large in the final election, that is a four district, two at-large system.
	Mr. McBryde suggested three plus three or four plus two districts.
	Mrs. Evans suggested the possibility of adding two Council people having five districts, two predominantly minority, and three at-large.
	There was then a discussion of the City Attorney's recommendation on legislation to set the election date following the Justice Department's decision.
8.	Appointments:
A.	Election of nominees to the Board of Appeals on Dwellings and Buildings.
	Mr. Dawkins moved, seconded by Mr. McBryde and carried unanimously to reappoint Mr. Horace R. Humphrey, incumbent, Mr. F. Paul McGwier, incumbent, and Mr. Doyle Hubbard, incumbent to three year terms of office each to this Commission, said terms to run to May 1988.
B.	Election of a nominee to fill one vacancy on the Human Services Commission.
	Mr. Dawkins offered motion, seconded by Mr. Jones and carried unanimously to appoint Mr. Tony Maccy to this Commission to serve the balance of the term of Barbara Hammonds, resigned, said term to run to March 1987.
9.	Delegations:
	There were none.
10.	Administrative Reports:
A.	Discussion of Streets and Sidewalks Ordinance regarding Olde Fayetteville Commons.
	The City Attorney presented this matter and stated from his memo that I am prepared to present to you a revision of that section of the ordinance dealing with loudspeakers and other sound amplification devices on the Mall.  Basically, it will prohibit their use between the hours of 8:00 a.m. and 6:00 p.m.  My research indicates that these types of things can be regulated if reasonable, as to time, place, and manner.  It will also permit an exception for special events.  In looking at the special events exception, it came to mind that a merchant may want to hold a sidewalk sale.  This raises an interesting question.
	The way the ordinance is currently written, special event permits are authorized for any concert, performance, exhibition, ceremony, or any other activity tending to create a public congregation.  The question thus becomes whether or not this would include a sidewalk sale.  However, before addressing that, I would like to have input from the Council as to whether or not you want to allow sidewalk sales by merchants on the Olde Fayetteville Commons Mall.  If so, how many times per year would they be allowed to conduct them?  For example, under the current yard sale permit ordinance, a property owner can only hold two yard sales per year.
	Rather than constantly piece meal revisions to the ordinance, which I foresee as a possibility in the future anyway, I thought perhaps a discussion of the sidewalk sale issue would be appropriate before I bring back any further revisions.
	Mr. Wofford suggested that 6:00 p.m. is too early to close.  The City Attorney suggested that Council consider sidewalk sales.  Mr. Wofford suggested allowing sidewalk sales, Mr. McBryde suggested going through the Merchants Association.  Mrs. Evans suggested going through the Olde Fayetteville Association and not allowing individual sidewalk sales, and stating that such questions should come through the Association.  Mayor Hurley stated that sidewalk sales should not be allowed on the Commons.
	There was then a discussion of the question.
	Mayor Hurley then asked for a show of hands against sidewalk sales by individuals and it was unanimous.
B.	Set information meeting for May.
	The City Manager presented this matter and stated the regular meeting was scheduled for Monday, May 27, but this is a holiday.  He stated he was planning to present the new budget at this meeting.  Following discussion, the meeting was changed from Monday, May 27 to Tuesday, May 28 at 7:00 p.m., in the City Hall Council Chamber.
	On an additional matter, the City Manager stated that relative to the reporting on criminal dispositions, there appeared to be some misunderstanding between the County Manager, myself, and the Clerk of Court.  The Clerk of Court came to the Joint Law Enforcement Committee meeting two weeks ago to ask for consideration for some funds to get some part-time people in the summer to bring these dispositions up to date.  These are 1985-86 budget funds he was requesting, but this was not his understanding and he wants to hire people immediately.  He requested $3,000 each from the City and the County.  The City Manager stated that the work needs to be done.  He stated the City Council could authorize him if there were sufficient funds in the I.D. Budget that we begin immediately if the County would begin likewise.
	Mr. McBryde then moved that we appropriate $3,000 as recommended by the City Manager.  Motion seconded by Mr. Dawkins.
	There was then a discussion on the amount of support given this entity by the City and the County and it was determined that the County contributed two-thirds and the City one-third.  Mr. Wofford then offered a substitute motion that we authorize the City Manager to allocate $2,000 from the I. D. Bureau funds for this purpose and ask the County to allocate $4,000.  Motion seconded by Mr. Jones and carried unanimously.
C.	Report of taxes from Cumberland County Tax Collector.
	The City Manager requested that the minutes reflect receipt of the Tax Collector's report for April of 1985.
SPECIAL MEETING
TUESDAY, MAY 28, 1985
	FAYETTEVILLE CITY COUNCIL
	SPECIAL MEETING
	CITY HALL COUNCIL CHAMBER
	TUESDAY, MAY 28, 1985
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Mildred Evans, J. L. Dawkins, Milo McBryde, Jimmie Jones, 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.  Councilmember Jones gave the invocation, followed by the Pledge of Allegiance to the Flag.
	Mayor Hurley recognized Councilmember Dawkins for the purpose of introducing Mr. E.J. Butler of the North Carolina Department of Transportation and Mr. Terry Hutchens, newly appointed commissioner on the State Board of Transportation representing Division 6.  Mr. Hutchens discussed the Transportation Improvement Program and the process involved in developing that document.  He also announced the public hearing concerning the Transportation Improvement Program to be held June 5 at 2:00 p.m. in the auditorium at Fayetteville Technical Institute.  Mr. Hutchinson explained that the Transportation Advisory Committee (TAC) had set prior needs for Cumberland Counties.  Those priorities are as follows:
	1.	Completion of CBD Loop to Highway 87.
	2.	Construction of a series of roads from Cliffdale to Reilly to Morganton Road.
	3.	Hope Mills By-pass.
	4.	210/Spring Lake.
	In addition to these priorities, the TAC advocates a connector road between 1-95 and 401 at the site of U.S. 13.  The TAC realizes there are no funds available for this project but consider it crucial and will solicit help from Fort Bragg.
	Councilmember Wofford questioned the status of the computerized signal system as it is very important to the City of Fayetteville.  Mr. Butler replied that project is already programmed and on schedule.  Mayor Hurley asked about the status of the Sycamore Dairy Road.  Mr. Butler replied that contract should be let in October.
	Mr. Hutchens indicated that he would be glad to meet with the City Council any time to discuss their transportation needs and assured the Council that he would be calling on them for assistance also.
	Mayor Hurley then recognized City Manager Smith for a presentation of the Recommended 1985-86 City of Fayetteville Budget.  The City Manager indicated that the Recommended Budget includes a one cent tax increase to replace the sale of auto license decals.  The sale of these decals is difficult in terms of enforcement and administration.  The one cent tax increase will approximate the amount of revenue produced by the sale of decals and reduce the hours and expense of collection.  In effect, there would be no increase for most taxpayers.  Mr. Smith also indicated that the fund balance appropriation in the Recommended Budget is $290,000 less than that budgeted last year.  Councilmember Evans questioned Mr. Smith concerning the money under control of the court system.  The City Manager indicated that money is included in the unappropriated fund balance.  A discussion of fund balance ensued.  Councilmember Wofford asked if there were funds for liability insurance included.  The City Manager replied that there were not at this point.  The Risk Management Advisory Commission has recommended establishing reserves in the Insurance Fund.  Mr. Wofford suggested that we put something aside, either as a reserve or in the insurance fund, to cover any future calamities.
	The City Manager then showed a chart indicating the departmental increases from last year's budget.  Councilmember Jones asked whether there were any cost of living increases included in the Recommended Budget.  Mr. Smith said that no cost of living increase is included in his recommendation.  Councilmember Jones also indicated that he would prefer that Powell Bill funds be used only for asphalt and cement.
	Councilmember Dawkins asked about the status of revenue sharing.  The City Manager replied that the Recommended Budget included only one quarter of revenue sharing funds.  Councilmember Evans asked if $400,000 were in the budget for it Cain Road.  The City Manager replied that the current budget brings the amount funded for Cain Road to $350,000.  He also indicated that no funds are included in this budget for Skye Drive and that $400,000 is included for street resurfacing.
	City Manager Smith continued his presentation to make the following points:
	1.	The insurance fund includes no new dental plan for City employees.
	2.	Special Tax District--Mr. Smith indicated that there is an error in the summary budget and that the proposed by department should be changed.  He also indicated that he would recommend setting up a promotional fund in the tax district budget to be drawn down by the Olde Fayetteville Association and City Departments.
	3.	Transit--There is a decrease in the general fund allocation including the addition of two new employees to staff the Transit Information Center.
	4.	Airport--Two new employees as a result of the increased operations of the Airport.
	5.	Fleet Maintenance--The increased budget is due to the transfer of transit maintenance to the Fleet Maintenance Department.
	6.	Public Works Commission--A $2.8 million transfer is included in their budget.
	The City Manager then discussed a list of capital needs for 1985 through 1990.  He indicated that our challenge is funding $21 million worth of capital needs.
	The Council then established the first work session for discussion of the budget for June 10, 7:00 p.m., at the Kyle House.  They stated their goal would be to adopt the budget by June 24.
	Councilmember Evans then asked that the Council consider its previous action regarding internal audit reports.  She asked Mr. Smith if it would be possible for him to bring any expenditure not budgeted or on contract in excess of $500 to the Council for approval or denial.  This would allow the Council to express themselves on such expenditures.  Councilmember Evans then moved that the motion by Mr. McBryde made at a previous meeting concerning the internal audit reports be rescinded.  The motion was seconded by Councilmember Felton.  There followed a lengthy discussion of the role of the City Manager and the need of the Council to stay informed of the City's activities and expenditures.  There was also discussion of the use of the external auditors to audit those items of concern to City Council.  The motion was passed with Councilmembers Wofford, Evans, Dawkins, Felton, and Mayor Hurley voting in the affirmative and Councilmembers McBryde and Jones voting in the negative.
	The Mayor then recognized City Attorney Cogswell to discuss a matter concerning litigation.  City Attorney Cogswell recommended that the Council will authorize Bobby Deaver to represent D. K. Dixon, Sr., in the Michael T. Pirro lawsuit (84-72-CIV-3).  Upon motion by Councilmember McBryde, seconded by Councilmember Dawkins, the City Council voted unanimously to follow the recommendation of the City Attorney.
	The City Attorney then presented a proposed local bill to amend the City of Fayetteville Charter to postpone the elections for this year until approval of annexations and the election process.  Councilmember McBryde moved that the Council approve the proposed bill inserting the word majority in the blank and instructing the City Attorney to take this local bill to the Cumberland County Legislative Delegation.  Councilmember Dawkins seconded the motion and it was approved unanimously.
	There being no further business, the meeting was adjourned.
REGULAR MEETING
MONDAY, JUNE 3, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, JUNE 3, 1985
	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 the Reverend Al Peuster, Our Redeemer Lutheran Church.  Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley stated the City Attorney had requested an executive session at the end of this meeting for a litigation matter only.
	Mayor Hurley extended thanks to everyone involved in the Olde Fayetteville Commons Dedication this past Saturday.
1.	CONSENT:
	Mrs. Evans offered motion to approve the entire consent agenda as presented, seconded by Mr. McBryde and carried unanimously.
	The consent items appear below.
A.	Approval of minutes of regular meeting of May 20, 1985.
B.	Approval of request for a refund of City taxes to Ednac Trucking Company, Inc. in the amount of $657.20.
C.	Approval of request for a refund of City taxes to Stephen Davis Wooldridge in the amount of $71.05.
D.	Approval of request for a refund of City taxes to Bernard Stein for the following:
	$62.76 for Men's Wear Operation, Bordeaux, Capitol.
	$75.01 for Men's Wear Operation, Eutaw, Capitol.
	$160.58 for Men's Wear Operation, Hay Street, Capitol.
E.	Set Public Hearing for June 24, 1985, to consider the rezoning from C1 Local Business District to M2 Industrial District or to a more restrictive zoning classification for an area located at 517 Minor Street.
F.	Set Public Hearing for June 24, 1985, to consider the rezoning from R10 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the southeast corner of Ramsey Street (U.S. 401 North) and Law Road.
G.	Approval of Rental Car concession Agreement between Fayetteville Airport Commission and Jeff Wilson Associates, Ltd., dba Thrifty Rent A Car.
	RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1985-67.
H.	Approval of Rental Car Concession Agreement between Fayetteville Airport Commission and Thornton and Stefanovich Rentals, Inc., dba Dollar Rent A Car.
	RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY.  RESOLUTION NO. R1985-68.
I.	Approval of Rental Car Concession Agreement between Fayetteville Airport Commission and National Car Rental System, Inc.
	RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1985-69.
J.	Approval of Airport Use Agreement between the City of Fayetteville and American Airlines, Inc.
	RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1985-70.
K.	Award of contract for purchase of water distribution main along McArthur	Road to C. K. Andrews Contracting Company, the low bidder, for $227,877.50. (PWC)
L.	Award of contract for purchase of one 31,000 GVW Truck, cab and chassis, to Edmac Truck Sales and Service, Inc., for $18,319.01. (PWC)
M.	Set Public Hearing for June 24, 1985, to consider the issuance of a Downtown Loan to Larry King and wife for renovation of the Pemberton Building at 242 Hay Street for $409,000.00.
N.	Approval of request for Cross Creek Merchants Association for fireworks display on July 4, 1985.
2.	Consideration of a resolution concerning transfer of street from State to City Maintenance:
A.	Resolution for accepting Soffe Drive for maintenance as of July 1, 1985.  Adoption of the resolution was recommended.
	The City Engineer presented this matter and stated that this street was transferred from City Maintenance to NCDOT Maintenance about two years ago, at the request of the Soffe Company, to obtain paving by NCDOT.  The paving work has now been accomplished and the local district engineer is requesting that the City again accept maintenance as of July 1, 1985.  We recommend approval.
	Mr. Wofford offered motion for approval by adoption of the resolution, seconded by Mr. Dawkins, and carried unanimously.
	RESOLUTION AUTHORIZING THE ACCEPTANCE OF SOFFE DRIVE.  RESOLUTION NO.	R1985-71.
3.	Consideration of Audit Contract for Fiscal Year ending June 30, 1985.  It was recommended to approve the contract with Haigh, Byrd and Lambert.
	The City Manager presented this item and stated that Audit Services were bid last year in keeping with our recent policy of bidding audit Services every three to five years.  This contract covers the basic annual audit.  Additional audit services during the year can be performed upon request.
	Mrs. Evans offered motion for approval of the foregoing as recommended, seconded by Mr. Jones, and carried unanimously.
	Mr. Wofford suggested a meeting with the auditors and the City Council at some point in the near future to discuss this matter.
4.	Consideration of acquisition and exchange of land with Seaboard System Railroad:
A.	Purchase of two tracts.
B.	Exchange of City property for credit towards purchase of Seaboard property.
C.	Purchase of third tract.  Approval of the resolution was recommended.
	The City engineer presented this matter and stated that it was for the municipal market property acquisition and Ray Avenue Extension Right-of-way.  He displayed projections and commented from his memo in the agenda packet.  He stated the total cost was $204,102.00 from which has been deducted $204.50 for revenue stamps.  The net cost would be $182,897.50.  He requested adoption of the resolution.
	Mr. Wofford then moved to adopt the resolution and authorize the purchase of the property, seconded by Mr. McBryde and carried unanimously.
	RESOLUTION AUTHORIZING THE EXCHANGE OF CITY OF FAYETTEVILLE PROPERTY.  RESOLUTION NO. R1985-72.
5.	Consideration of request from Cape Fear Plaza Shopping Center for participation in construction of sidewalks.  Approval was recommended.
	The City Manager presented this matter and stated the request is in keeping with the City Sidewalk policy under which property owners may have sidewalks installed at a cost of $3.00 per linear foot.  The estimated City cost for this project is $6,000.00.  Funds have been set aside in the Sidewalk Project Ordinance for participation with property owners upon request.
	Mrs. Evans moved for approval of the foregoing as recommended, seconded by Mr. Jones, and carried unanimously.
	Mr. Wofford asked about their request that City transportation review the possibility of extending a bus route to the property.  The City Manager stated that this could be arranged.
6.	Consideration of amendments to Chapter 26 of the Fayetteville City Code concerning Olde Fayetteville Commons:
A.	Use of sound amplification devices on the mall.
B.	Miscellaneous amendments concerning sale of food.
C.	Special event permit to allow sidewalk sales.  Adoption of the ordinance was recommended.
	The City Attorney presented this matter and stated that enclosed are the proposed amendments regarding the use of sound equipment and sidewalks sales on the Olde Fayetteville Commons.
	Section 1 addresses the restriction on the use of sound equipment on the Mall.  It prohibits them between the hours of 8:00 a.m. and 10:00 p.m.  My research indicates that reasonable restrictions can be imposed and due to the nature of the Olde Fayetteville Commons and the intended activities, I believe this is a reasonable restriction.  It does make exceptions for special events.
	Section 2 is a housekeeping amendment.  I had previously sent you copies of these sections.  They prohibit the sale of food items and the sale of items on sidewalks in-front of businesses.  This amendment would allow these type of activities only on the Olde Fayetteville Commons.
	Section 3 addresses the concern of sidewalk sales that we discussed at the last meeting.  It allows any nonprofit organization to conduct a sidewalk sale on the Mall.  In the past, the only requests that we have had of this nature have been from nonprofit organizations such as the Olde Fayetteville Association, the Arts Council and the International Folk Festival.
	Mrs. Evans then moved for adoption of the ordinance as recommended, seconded by Mr. Dawkins.
	Following a lengthy discussion, Mayor Hurley called for a vote on the motion and it carried, Mr. McBryde abstaining to vote.
	AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 26 “STREETS AND SIDEWALKS" OF THE FAYETTEVILLE CITY CODE OF ORDINANCES.  ORDINANCE NO. S1985-7.
7.	Consideration of amendment to Chapter 2 of the Fayetteville City Code concerning “Administration" reducing from three to two the number of consecutive meetings that may be missed by a commission member before removal for cause.  The City Attorney presented this matter and stated the Human Services Commission had requested approval of this amendment and that it only applied to the Human Services Commission.
	Mr. Richard Herrera, Director of Community Development, under which Human Services Department now falls was recognized and offered explanation for the amendment.  He stated it does not apply to excused absences from commission meetings.
	Following some discussion, Mr. McBryde offered motion for adoption of the Ordinance, seconded by Mr. Dawkins and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 2, “ADMINISTRATION" OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES.  ORDINANCE NO. S1985-8.
8.	Consideration of establishment of joint Historic Properties Commission between the City of Fayetteville and Cumberland County.
	The City Manager introduced this item and stated that in a memo from Mrs. Virginia Thompson Oliver, Chairman, City-County Liaison Committee, she had stated that at their meeting on May 23, the Committee endorsed the concept of establishing jointly a historic properties commission.  Ken Robinson, Historic Planner, will be available to make a presentation to the City Council if you so desire.
	Mr. Ken Robinson was present in the audience and was recognized and offered comments concerning the proposal.  He stated the County wishes to join with the City and other municipalities in the county to establish such a commission.  He stated that eventually federal funds would be available to this commission.
	Following some discussion of this matter, Mr. McBryde offered motion to authorize the staff to investigate the establishment of a joint city-county historic properties commission, seconded by Mr. Jones and carried unanimously.
	Mayor Hurley then called on Mr. Robinson to offer comments concerning the dedication last Saturday.  Mr. Robinson informed City Councilmembers that the time capsule had been buried at the Western end of the Commons last Saturday and over 300 items are contained within the capsule.  At a later date a list would be provided to Council enumerating these items.  Mr. Robinson stated the event had been covered by Smithsonian World for telecasting at a later date, and other news media.
	Mayor Hurley extended thanks to Ken for his comments.
	The City Manager stated that the Knights of Pythias had submitted a resolution several meetings ago which they had requested be spread upon the minutes of that meeting.  City Council had done so.  The City Manager stated that some of the items contained in that resolution had deteriorated and could no longer be included.  He stated they requested an amended resolution be included in the minutes of this meeting. 
	Mr. McBryde then offered motion to amend the prior minutes and include the corrected resolution in the minutes of this meeting, seconded by Mr. Dawkins and carried unanimously.
	(A copy of the resolution is on file with original of these minutes in the City Clerk's office.)
9.	APPOINTMENTS:
A.	Nominations to fill the following vacancies:
	Three vacancies on the Airport Commission.
	One vacancy on the Civil Service Commission.
	One vacancy on the Public Works Commission.
	One vacancy on the Public Works Commission Retirement Board.
	One vacancy on the Planning Board.
	Four vacancies on the Fayetteville Revitalization Commission.
	Prior to consideration of nominations, Mr. Wofford suggested setting a policy determining the number of terms of office members may serve on various commissions and the terms of office in years.
	Mr. McBryde requested that Public Works Commission be exempted from such a policy and this was agreeable.
	Following brief discussion, it was decided to wait on this matter until a later date.
	Mayor Hurley then stated he would accept nominations for the various commissions.
	Airport Commission:
	Mrs. Evans nominated Mr. B. F. (Buzz) Ward, incumbent.
	Mr. McBryde nominated Mr. Robert Hasty, incumbent.  Mr. Jones nominated Mr. J. Bernard Stein, incumbent.
	Mr. Wofford nominated Mr. Richard Fox.
	Civil Service Commission:
	Mr. Dawkins nominated Dr. William P. Shipp, incumbent. 
	Public Works Commission:
	Mr. Wofford nominated Mr. Robert C. Williams, incumbent.
	Public Works Commission Retirement Board:
	Mrs. Evans nominated Mr. Tim Wood, PWC Manager. 
	Planning Board:
	Mr. Dawkins nominated Mr. Swayn Hamit, incumbent.
	Mr. Wofford nominated Mr. Robert G. Wilson.
	Fayetteville Revitalization Commission:
	Mayor Hurley stated that Mrs. Sue Bandy, incumbent does not wish to be reappointed.
	Mr. McBryde nominated Mr. Art Hooker, incumbent and Mr. Herb Stiles, Jr.
	Mrs. Evans nominated Mr. Horace Thompson, incumbent.
	Mayor Hurley nominated Mr. Bill Pollitt. 
	Mr. Wofford nominated Mrs. Carole G. Goforth, incumbent.
10.	Delegations or individuals wishing to address Council.
	There were none.
11.	ADMINISTRATIVE REPORTS:
A.	Annexation.
	The City Manager Presented an update on the work the staff has been doing on the annexation situation.  He displayed various projections for Council to view.  He stated that David Nash, the Annexation Coordinator, has contacted the Justice Department on several occasions.  He commented on the black representation which was based on 60 percent.  He also displayed alternatives based on criteria.  There was then a general discussion.
	The City Manager stated that this was a report and that the staff has additional work to do.
	Mayor Hurley stated that he and Bob Cogswell had met with the legislative delegation this morning concerning a local bill.
	Mr. Cogswell offered additional comments.  He stated the for a May 1986 primary, information must be sent off in October 1984.
	There was then further discussion of this matter.
	Following this Mr. McBryde offered motion to adopt the local act to request the legislation delegation to enact legislative as presented by the City Attorney this evening, seconded by Mr. Dawkins and carried Mrs. Pelton voting no.
B.	Policy on retiring Auxiliary Police Officers.
	The City Manager Presented this matter and stated that N.C. General Statutes are silent with regard to the presentation of weapons and badges to auxiliary police officers upon retirement.  The Statute does permit Council to award badges and weapons to retiring active officers.  Since auxiliary officers are certified, sworn officers, the City may be safe in treating them as active officers.  I would think that the only concern is the potential liability which sight result from the City providing a weapon.  However, since the future auxiliary officers will not be armed, we would not be setting a precedent for the future.
	We have awarded Major Herman Bishop his weapon and badge and have therefore established something of a precedent.  I suggest that the Council consider making similar awards to retiring auxiliary officers with 30 or more years of service, who have been active participants in the auxiliary program.  Suitable evidence must be shown that the individual has a proper handgun permit.
	According to our records, only one such request has been made other than Mr. Bishop, and only that individual has 30 years of service.
	The City Manager stated that his recommendation was the last paragraph of his memo.
	Mrs. Evans then offered motion for approval of the foregoing as recommended, seconded by Mr. Wofford and carried unanimously.
	Mr. McBryde suggested that some thought be given to considering officers with less than 30 years of service.
	Mayor Hurley then declared a five minute recess.
C.	Discussion of closing the Seabrook Pool.
	Mayor Hurley stated that a delegation of residents was present tonight for this matter.
	Mayor Hurley called on the City Manager who presented details from Jack Wilson's memo of March 27, 1985, on the swimming pool operations when City Council took action to close the Seabrook Pool and repair the Lamon Street.
	There was then some discussion of this matter.
	Mr. Wilson, Parks and Recreation Director, was recognized and stated that transportation is now being provided between Seabrook and Lamon Street Pool for the children.
	Rev. Sandy Sanders, Chairman of the Parks and Recreation Commission, was recognized with comments.
	Mr. Clinton Harris was recognized with questions about next year's plans.
	A Mr. Simpson was recognized and stated his concern was with the safety of the children being transported from Seabrook to Lamon Street.
	Mr. Jessie Womble was recognized with comments on the maintenance of the Seabrook Pool.  Also with comments concerning the cost of pool admission.
	The City Manager stated that the cost depends on the participation.
	Mr. Wofford stated that this issue will probably require a bond or a substantial tax increase and the City should look at both.
	A Mr. Thelbert Torrey was recognized with comments.
	This completed the discussion on this matter.
	The City Manager stated to Council that a public hearing should be set for the 1985-86 Budget and recommended that this be done at the June 24 regular meeting of the Council.
	Mr. Wofford offered motion to approve the public hearing for June 24, seconded by Mr. Dawkins and carried unanimously.
	The City Manager stated that the Airport Commission had met today to review the final plans for the terminal expansion and had issued an invitation to the City Council to a dinner meeting to discuss the matter further and to present the plans.  Mr. Tom Ray, Airport Manager, was recognized and suggested that the meeting be held Wednesday, June 12, at 6:00 p.m. at a place to be determined later.
12.	MATTERS OF INTEREST TO THE COUNCIL:
	Mr. Wofford stated that concerning the Omnicon Report; he recommended that staff give their reaction to this 911 report and that a joint briefing be held with City Council and the Cumberland County Commissioners.  The City Manager was to set a date and advise the Council.
	Mr. Wofford stated that concerning the Government Affairs trip to Washington he would be happy to represent City Council if desired and this was satisfactory.  Mayor Hurley thanked Mr. Wofford for his offer.
	Mr. Dawkins reminded Council of the NCDOT Meeting at 2:00 p.m. on Wednesday, June 5, at FTI.
	Mr. McBryde suggested the use of the bus stops for parking on Person Street now that the Olde Fayetteville Commons is open.
	Mr. McBryde also suggested to the City Engineer that the approach design to the Commons on the west end be changed.  He also suggested to change the bus signs to read City buses since all types of buses are using the Commons.  Mr. McBryde stated the street markings approaching the west end of the Commons at the intersection also be changed since he had witnessed an automobile accident due to the diamond design on the pavement.
	Mr. Jones suggested making Bragg Blvd.-Robeson Street two way traffic since the construction of the new medical complex had begun in the 500 block of Hay Street.  He stated that additional traffic would be generated due to this fact and would also make approach to the Highsmith-Rainey Medical Center more accessible.  The City Engineer stated that the State has been asked to do this.  The City Engineer stated that the State had replied that it is not feasible for two-way traffic.
	Mr. McBryde suggested that the City Engineer keep on asking.
	Mayor Hurley asked if the 400 block of Hay Street north side is on the resurfacing list.  The City Engineer stated that the street is in the condition it is due to a PWC water line failure.  He agreed that the north side needs repaving.
	Mr. Wofford moved that PWC be instructed to place the 400 block north side of Hay Street back in previous condition.  Motion seconded by Mr. McBryde.
	Following some discussion Mrs. Evans offered substitute motion to ask the City Manager to speak with the PWC Manager on the resurfacing of the north side of 400 block of Hay Street.  Motion seconded by Mr. Dawkins.  Mayor Hurley then called for a vote on the motion and it was as follows for the motion Mayor Hurley, Councilmembers Evans, Dawkins, and Felton.  Against the motion Councilmembers McBryde, Jones, and Wofford.  Mayor Hurley declared the substitute motion carried and the original motion lost.
	Mayor Hurley commented on the sand and rocks which were bad in the intersections in the City.  He stated that they were dangerous to vehicular traffic.
	Mr. Wofford suggested that the City change its policy and maintain all City streets.
	Mayor Hurley then thanked the police officer for being present this evening.
	Mr. McBryde then offered motion that Council enter into executive session at 9:45 p.m. to consider a litigation matter only.  Mr. Dawkins seconded the motion and it carried unanimously.
	Mayor Hurley adjourned the executive session and reconvened the Council into regular session.
	Mayor Hurley then recognized the City Attorney.  The City Attorney advised the City Council that on May 31, 1985, in the case of Parker v. City of Fayetteville, et. al., there was a hearing before Magistrate Dixon to discuss and present to the Court a proposed settlement in the sum of $15,000.00 in exchange for the execution of a Release of Liability of all Defendants and a Voluntary Dismissal.  The Documents were all signed today, June 3, 1985 and Magistrate Dixon signed the Voluntary Dismissal.  Based upon this, the City Attorney recommended that in the Parker case that the Council approve a settlement in the sum of $15,000.00 in exchange for execution of a Release of all Defendants, a Voluntary Dismissal by the Plaintiff as to all the Defendants, and other conditions contained in the Voluntary Dismissal.  The Voluntary Dismissal included the aforementioned matters as well as no further claim to attorney's fees by the Plaintiff, the Voluntary Dismissal by Danny K. Dixon, Jr. of his Third Party Complaint against Ernest Parker, and a Waiver by Plaintiff of any Further Right of Appeal.
	Councilmember Evans offered motion to approve the settlement as stated above and discussed in executive session.  The motion was seconded by Councilmember Dawkins and carried unanimously.
	There being no further business Mayor Hurley adjourned the meeting upon motion made and duly seconded.
	RESOLUTION
	WHEREAS, WE THE MEMBERSHIP OF CUMBERLAND LEDGE NO. 5 KNIGHTS OF PHYTIAS ADOPTED THIS RESOLUTION APRIL 2, 1985, AT THE REGULAR MEETING THAT OUR HISTORY BE TRANSMITTED TO ANOTHER TIME IN THE SPIRIT OF FRIENDSHIP, CHARITY AND BENEVOLENCE VIA THE DOWNTOWN MALL TRANSIT TIME CAPSULE.
	WHEREAS, THE ORDER OF KNIGHTS OF PHYTIAS WAS FOUNDED IN THE CITY OF WASHINGTON, D.C. ON FEBRUARY 19TH, 1864, AND WHEREAS CUMBERLAND LODGE NO. 5 WAS INSTITUTED IN FAYETTEVILLE NORTH CAROLINA UNDER THE LEADERSHIP OF BROTHER L.C. STRAUGHN IN THE HALL OF THE FAYETTEVILLE HOTEL ON SEPTEMBER THE 9TH, 1871.
	WHEREAS, OUR LODGE CONSTRUCTED A THREE STORY CASTLE HALL BUILDING ON MARKETHOUSE SQUARE IN DOWNTOWN FAYETTEVILLE IN DECEMBER 1893 OF WHICH VARIOUS ITEMS WERE PLACED IN A CORNERSTONE AND OUR LODGE MAINTAINED CONTINUOUS OWNERSHIP OF SAID STRUCTURE UNTIL 1984.
	RESOLVED, THAT IN THE TRUE SPIRIT OF PHYTIASISM THAT OUR ALL AMERICAN CITY BE INTRUSTED WITH A BADE OF GRANT LODGE KNIGHTS OF PHYTHIANS 22ND SESSION (JUNE 15, 1892) FROM OUR ORIGINAL LODGE HALL (CONSTRUCTION 1893).
A ROSTER OF CURRENT MEMBERSHIP BE GIVEN FOR 100 YEARS TO THE CITY OF FAYETTEVILLE ON JUNE 1ST, 1985 TO BE PLACED IN THE DOWNTOWN MALL TRANSIT CAPSULE AND AT THE END OF THIS PERIOD REVERT TO OUR LODGE OR GRANT OR SUPREME LODGE.
	WE FURTHER RESOLVE THAT, OUR ORDER IS TO SERVE AS A BEACON EVERY DIRECTING AND GUIDING MANKIND TO A BETTER LIFE WHICH WE LEAVE BEHIND, THAT A COPY OF THIS RESOLUTION BE SPREAD UPON THE MINUTES OF THIS LODGE, PUBLISHED IN THE FAYETTEVILLE OBSERVER/TIMES AND A COPY SEND TO OUR GRAND AND SUPREME LODGE KNIGHTS OF PHYTIAS AND BE REQUESTED TO BE ENTERED INTO THE COUNCIL MEETING MINUTES OF THE CITY OF FAYETTEVILLE AS APPROVED.
					RESPECTFULLY SUBMITTED
					HISTORICAL COMMITTEE
					NEIL A. LINDSAY III, CHAIRMAN
					JAMES V SCOTT
					TIM MCLAURIN
SPECIAL MEETING
MONDAY, JUNE 10, 1985
	FAYETTEVILLE CITY COUNCIL
	SPECIAL MEETING
	KYLE HOUSE CONFERENCE ROOM
	MONDAY, JUNE 10, 1985
	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 City Attorney Cogswell offered the invocation.
	Mayor Hurley then recognized City Attorney Cogswell.  The City Attorney advised the Council that in the case of Cecelia Gray v. City of Fayetteville (84-67-CIV-3) in Federal Court, where representation for the defendant was authorized, the minutes do not reflect that John Smith was authorized representation.  The City Attorney recommended that the Council ratify his prior representation of Mr. Smith and approve Mr. Phil VanHoy as Mr. Smith's attorney and the City's attorney in the Gray case.  Mr. VanHoy would be paid $75.00 per hour plus the usual expenses as he has been previously paid in the Ivey case.  Upon motion by Councilmember Wofford, seconded by Councilmember McBryde, the Council voted unanimously to follow the City Attorney's recommendation.
	The City Council then began review of the 1985-86 Recommended Budget.  Councilmember McBryde advocated retaining the City license decals and not authorizing the 1 percent tax increase recommended by the City Manager.  The majority indicated they were in favor of Mr. McBryde's position.
	Council reviewed revenue projections.  They also reviewed the travel and training funds for Councilmembers, Personnel Department, and Finance Department.  They also asked that the City explore the use of used office equipment where ever possible.
	Council also discussed budget requests from outside agencies.  They agreed that all those who requested funding in the 1985-86 Budget who were funded in the 1984-85 Budget be funded at the same level and that no new requests be funded.  They asked that staff notify the outside agencies that their opportunity to make any presentation would be at the public heading to be held Monday, June 24, 1985.
	Upon motion by Councilmember McBryde, seconded by Councilmember Jones, the Council voted unanimously to continue the special meeting until Tuesday, June 12, at 7:00 p.m., in the Kyle House Conference Room.
SPECIAL MEETING
WEDNESDAY, JUNE 12, 1985
	FAYETTEVILLE CITY COUNCIL
	SPECIAL MEETING
	KYLE HOUSE CONFERENCE ROOM
	WEDNESDAY, JUNE 12, 1985
	7:00 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Mildred Evans, J. L. Dawkins, Milo McBryde, Jimmie Jones, Emaretta Felton
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
	Mayor Hurley reconvened the special meeting continued from June 10, 1985.
	The City Council continued their review of the 1985-86 Recommended Budget including the Police Department, the I.D. Bureau, the Fire Department, Inspections, Engineering, and Parks & Recreation.
	Upon motion by Councilmember McBryde, seconded by Councilmember Jones, the Council voted unanimously to continue the special meeting until 7:00 p.m. on Thursday, June 13, 1985.
SPECIAL MEETING
THURSDAY, JUNE 13, 1985
	FAYETTEVILLE CITY COUNCIL
	SPECIAL MEETING
	KYLE HOUSE CONFERENCE ROOM
	THURSDAY, JUNE 13, 1985
	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 reconvened the special meeting continued from June 12, 1985.
	Upon motion by Councilmember Jones, seconded by Councilmember Felton, the Council voted unanimously to convene into executive session to discuss litigation and personnel.
	Upon reconvening into regular session, the City Attorney recommended that in the case of Raul Rodriguez v. John McGuinness and Others (84-28-CIV-3) in Federal Court, that Mr. Bobby Deaver be retained to represent William C. Johnson at $75.00 per hour plus the usual expenses.  Upon motion by Councilmember Evans, seconded by Councilmember McBryde, the Council voted unanimously to follow the recommendation of the City Attorney.
	Mayor Hurley announced that in regards to personnel, the Council had agreed that there would be no raises in the 1985-86 Budget for the Mayor, the Mayor Pro Tem, the City Council, the City Manager, or the City Attorney.
	Councilmember Evans moved that the Council follow the recommendation of the City Manager and approve no cost of living increase in the 1985-86 Budget for City employees but allocate sufficient funds to give five percent merits to a maximum of two-thirds of the City employees.  The motion was seconded by Councilmember Dawkins.  The City Manager explained the merit pay system to the City Council.  The motion carried with Councilmembers Wofford, Evans, Dawkins, and Mayor Hurley voting in the affirmative and Councilmembers Jones, Felton, and McBryde voting in the negative.
	The Council continued to review the Recommended Budget, discussing the budget of the Public Works Commission, the Transit Department and the Fleet Maintenance Department.  Mayor Hurley suggested setting a meeting with the Public Works Commission in July to discuss their priorities and their relationship with the budget.
	There being no further business, Mayor Hurley adjourned the meeting.
REGULAR MEETING
MONDAY, JUNE 24, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, JUNE 24, 1985
	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.  The invocation was offered by the Reverend Jack Kelley, Associate Minister, Northwood Temple Pentecostal Holiness Church.  Following the invocation Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley recognized Fayetteville Youth Council Representatives Richard Newton and Lisa Harris.
	Mayor Hurley then recognized Reverend Otis Blackmon, second Vice President of the NAACP.  Reverend Blackmon stated that he was very proud of the City, a City of work, play, and pray.  He presented mementoes to the Mayor and City Council for the splendid job they are doing for the City and stated may God Bless them for their efforts on behalf of the community.
	Mayor Hurley thanked Reverend Blackmon for the gifts.
	Mayor Hurley then stated that this was an excused absence for Councilwoman Evans from this meeting.
1.	CONSENT:
	Mr. Dawkins offered motion to approve all consent items A through K as presented.  Seconded by Mr. Jones and carried unanimously.
	The consent items appear below:
A.	Approval of minutes of Special Meeting of May 28, 1985.
B.	Approval of minutes of Regular Meeting of June 3, 1985.
C.	To advertise proposed Corporate Hangar Lease Agreement between McCauley McDonald Investments, Inc. and the Fayetteville Airport Commission.
D.	Adoption of a Resolution approving the Allocation for Private Activity Bond in the amount not to exceed $31,020.00 and set public hearing for July 15, 1985.
	RESOLUTION OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, APPROVING THE APPLICATION FOR ALLOCATION FOR PRIVATE ACTIVITY BOND.  RESOLUTION NO. R1985-73.
E.	Approval of Amendment of Lease for Cannon Aviation at the Fayetteville Airport.
	RESOLUTION AUTHORIZING THE AMENDMENT OF THE LEASE OF CITY OF FAYETTEVILLE AIRPORT PROPERTY.  RESOLUTION NO. R1985-74.
F.	Approval of Request from Eutaw Merchants Association for fireworks display on July 4, 1985.
G.	Approval of annual certification of Firemen.
H.	Approval of rezoning from C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 2901 Murchison Road, Case No. P85-52.
I.	Approval of rezoning from C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 528-542 Person Street, Case No. P85-56.
J.	Award to low bidder for purchase of parts for G.E. oil-blast circuit breaker for PWC for $19,035.60.
K.	Award to low bidders for purchase of 125 overhead and padmount distribution transformers for low evaluated bids for PWC.
2.	PUBLIC HEARING:
A.	Consideration of Issuance of Redevelopment Loan to Larry King and wife for renovation of Pemberton Building, 242 Hay Street.  Approval is recommended.
	The City Attorney presented this matter with comments.
	Mr. Richard Herrera, Executive Director of the Community Development Department, was recognized in favor with comments.  He stated the Commission has approved this matter and requested Council's favorable consideration.
	There was no opposition present.
	Mr. Wofford offered motion to approve the foregoing as recommended, seconded by Mr. Dawkins, and carried unanimously.
B.	Consideration of rezoning from C1 Local Business District to M2 Industrial District or to a more restrictive zoning classification for an area located at 517 Minor Street, Case P85-62.  Planning Department recommended denial.
	Planner Al Mitchell presented this matter and displayed projections and stated that the Planning Board recommended denial.
	Mrs. Myrtle Driver, 1406 Summit Avenue, owner and petitioner of the property, was recognized and requested approval.  She stated they would accept C3 if not M2.
	There was no opposition present.
	There was then some discussion of the matter.
	Following this discussion Mr. Dawkins offered motion to end this public hearing and continue it to July 1 and request that the Planning Board recheck and come back with a recommendation.  Motion was seconded by Mr. McBryde and carried unanimously.
C.	Consideration of rezoning from R10 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the southeast corner of Ramsey Street (U.S. 401 North) and Law Road, Case No. P85-65.  The Planning Department recommended denial of C3 heavy commercial district and approval of C1P shopping center.
	Planner Mitchell presented this matter and displayed projections and stated that the Planning Board recommended denial of C3 and approval of C1P for this area.
	Mr. Wade Hayes, 3506 Edna Street, the property owner, was recognized in favor and requested C1P.
	Mr. Ernest Cain, III Glenola Street, was recognized in opposition and requested Council vote in opposition to the rezoning.
	A Mr. Cooper, a Tokay resident, was recognized in opposition as well as Mrs. Florence Cain, III Glenola Drive.
	Following some discussion Mr. Wofford offered motion to rezone the area C1P as recommended by the Planning Board.  Motion seconded by Mrs. Felton.
	Mayor Hurley called for a vote in the motion and it was as follows:	For the motion, Councilmembers Wofford, Felton, and Mayor Hurley.  Against the motion, Councilmembers Dawkins, McBryde, and Jones.  Mayor Hurley declared the motion failed by the tie vote.
D.	Consideration of 1985-86 General Fund and Revenue Sharing Budgets.
	The City Manager was recognized and stated this matter had been properly advertised.  He gave an overview of outside agencies funding.  He also commented on the Revenue Sharing Budget.
	Mayor Hurley then stated that this public hearing is for public input.
	Mr. Dave Wilson, 6326 Morganton Road, was recognized for Clean Community Commission with comments and requested Council reconsider their funding request.  There was some discussion of the matter.
	Mayor Hurley then thanked Mr. Wilson for his remarks.
	Mr. Clinton Harris was recognized and requested funding for an olympic sized swimming pool for swim meets and competitive programs.
	Mr. Andy McCall, 408 Hallmark Road, was recognized representing Business and Professional League with comments on their operation.  He requested Council's consideration for funding of $40,000.00.
	Reverend Sandy Saunders, 966 McKimmon Road, of the Recreation and Parks Commission was recognized and suggested that the 25 cents school tax which would be abolished with the consolidation of the County and City Schools be imposed for Recreation and Parks and pools for the community.
	Mr. Wofford suggested a 12˝ cents tax increase.
	Mrs. Ann Nimocks, 112 Magnolia Avenue, stated she would like to see the entire 25 cents remain and used for Recreation and Parks.
	Mr. Horace Thompson was recognized and concurred with the suggestion about the $.25 tax and stated he supported the concept.
	Mr. Wofford stated that while he was in Washington last week, he spoke with Senator Jesse Helms who stated that Revenue Sharing is coming to an end.
	Ms. Phyllis McLeod, Summit Avenue, was recognized for the Fayetteville Museum of Art and expressed appreciation for Council's support of their program and stated that they were not requesting additional funds this year.
	There was then a brief discussion of the 25 cents tax proposal and a possible bond issue.
	Mayor Hurley then took a straw vote of those members in the audience in support of the 25 cents tax.  Approximately 35 raised their hands in favor and approximately 10 were opposed.
	Mayor Hurley then declared a five minute recess at 8:45 p.m.
	Mayor Hurley then reconvened the Council into regular session and addressed a comment to the City Manager concerning the budget.  He suggested that a special meeting may be necessary but that Council may act at the next regular meeting on July 1 to give final approval to the budget.  He requested the City Manager and City Attorney to check this out and let them know at a later date.
3.	Consideration of adoption of Budget Amendment No. 1 to the 1984-85 PWC budget.  PWC recommended approval.
	Mr. Tim Wood, PWC Manager, was recognized and presented and offered comments and statistics on the electric, water and sanitary sewer operations and requested approval of the amendment.
	Following some discussion Mr. Dawkins offered motion for approval of the amendment as recommended, seconded by Mr. Wofford, and carried unanimously.
4.	Consideration of bids for construction of sidewalks.  It was recommended to award the bid to Jackson Construction Company under alternate No. 1.
	The City Engineer presented this item and indicated locations of the proposed sidewalks and gave information on the bids.  He stated that Jackson Construction Company was the low bidder at $99,959.00 for alternate No. 1 for 5-inch concrete.  The 5-inch sidewalk yields 20-25% greater structural strength.  It is our opinion that 5-inch sidewalk has considerable greater longevity; and, requires less maintenance than the 4-inch concrete or the asphalt.  For these reasons, the best buy for the City is the 5-inch concrete sidewalk construction.  We recommend awarding the contractor Jackson Construction Company for alternate No. 1.
	Mr. Wofford offered motion to award the bid to Jackson Construction Company as recommended, seconded by Mr. Jones, and carried unanimously.
5.	Consideration of revisions to Traffic Ordinance Schedules:
A.	Establishing parking in un-used bus stops.
	The City Engineer presented this matter and stated that since the opening of the Mall, curbside bus stops at four locations have been transferred to the Transit Mall.  This curbside space is now available for parking; and, we would recommend revision to the ordinances to establish parking at the several locations.
	Following brief discussion Mr. Wofford offered motion for adoption of the ordinances, seconded by Mr. McBryde, and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODA OF ORDINANCES - TRAFFIC SCHEDULE NO. 1 - BUS STOPS - GREEN STREET, GILLESPIE STREET, PERSON STREET.  ORDINANCE NO. NS1985-14.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES - TRAFFIC SCHEDULE NO. 10 - LOADING AND UNLOADING ZONES - GILLESPIE STREET ORDINANCE NS1985-15.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES TRAFFIC SCHEDULE NO. 13 - PARKING ZONES - GILLESPIE STREET, GREEN STREET, PERSON STREET. ORDINANCE NO. NS1985-16.
B.	Consideration of request for loading zones:
1)	South side of Old Street; west of Burgess Street.
	The City Engineer presented this matter and stated we have requests from the Horse and Carriage Floral Shop and from Womack's Mens Shop asking for a loading zone at this location.  Presently this is a parking prohibited area; and this space can accommodate a short loading zone, which will be adequate for the petitioners needs.  Since it is now a parking prohibited zone, no existing parking space will be displaced.  We recommend approval of the request and the adoption of the two ordinances to accomplish it.
	Mr. McBryde requested permission to abstain from voting on this matter.
	Mr. Jones then offered motion for adoption of the ordinances as recommended, seconded by Mrs. Felton, and carried Mr. McBryde abstaining.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES - TRAFFIC SCHEDULE NO. 11 - PARKING PROHIBITED - OLD STREET.  ORDINANCE NO. NS1985-17.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES - TRAFFIC SCHEDULE NO. 10 - LOADING AND UNLOADING ZONES - OLD STREET ORDINANCE NS1985-18.
2)	East side of Maxwell Street, opposite Theodore Rhodes, Jr. Oriental Rugs.
	The City Engineer presented this matter and stated that we have a request from the owner of the subject business stating his need for a loading zone.  We have reviewed the request with this business owner; and he advised us that his request is for one diagonal parking place to be designated as a loading zone.  This diagonal space would not be adequate for larger trucks, but would accommodate small trucks and car deliveries.  This business has rear door access to a back alley for larger truck type deliveries.  We recommend approval of the request and the adoption of the two traffic ordinances.
	Mr. McBryde offered motion for adoption of the ordinances as recommended, seconded by Mr. Wofford, and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES - TRAFFIC SCHEDULE NO. 13 - PARKING ZONES - MAXWELL STREET.  ORDINANCE NO. NS1985-19.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES - TRAFFIC SCHEDULE NO. 10 - LOADING AND UNLOADING ZONES - MAXWELL STREET.  ORDINANCE NO. NS1985-20.
6.	Consideration of Condemnation of Right-of-Way acquisition of Parcel W-1 for Clerk Road.  Adoption of the Resolution was recommended.
	The City Engineer presented this matter and stated that negotiations have taken place over the last several months for the City to acquire right-of-way to improve Clark Road.  The appraised value ($3,900.00) of right-of-way needed has been offered to the property owner some time ago which he has now rejected and made a counter offer of $12,000.00.  With the counter offer being over three times the appraised value, we feel there is no way to come to an equitable settlement.  In order for the project to go forward, we recommend adoption of the condemnation resolution.
	Mr. Wofford offered motion for adoption of the resolution as recommended, seconded by Mr. Dawkins, and carried unanimously.
	RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY - PARCEL W-1 CLARK ROAD.  RESOLUTION NO. R1985-75.
7.	Consideration of Demolition Ordinances for the following structures:
A.	1705 Seabrook Road.
	Mr. Walter Haire of the Inspection Department presented this matter and stated it is being brought back again.  Nothing has been done to improve the property and bringing it up to code and conditions are now worse.  He recommended demolition.
	Mr. Bill Townsend was recognized for the owner with comments and requested six-month extension to locate two sons who are heirs to the property.
	Following some discussion Mr. Wofford offered motion to table this matter to the July 1, 1985, regular meeting, seconded by Mrs. Felton, and carried unanimously.
B.	213 Bryan Street, Apartments 1, 2, and 3.
	Mr. Haire presented this matter and stated that the apartments are now vacant and dangerous.  He recommended demolition.
	Following some discussion Mr. Wofford offered motion for adoption of the demolition ordinance, seconded by Mr. McBryde, and carried unanimously.
	AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY LOCATED AT 213 BRYAN STREET AND BEING APARTMENTS 1, 2, and 3.  ORDINANCE NO. NS1985-21.
C.	216, 217, 218, 219, 221, and 223 Butler Street.
	Mr. Haire presented this matter and displayed photographs.  He stated the property is dangerous and Mr. Tom Keith, one of the owners, will not make repairs.  However, Mr. Fred Keith, another of the owners, stated he will make the repairs he stated.  He recommended that an extension be given to effect such repairs.
	Following brief discussion Mr. Dawkins offered motion to grant a 90-day extension, seconded by Mr. McBryde, and carried unanimously.
8.	Consideration of agreement between North Carolina Department of Transportation and City of Fayetteville for installation and maintenance of a railroad crossing signal on Hay Street-Seaboard South Yard Track.  It was recommended to authorize the Mayor to execute the agreement.
	The City Engineer presented this matter and stated this crossing has become qualified for federal funds for upgrading the signal or warning devices.  This project is administered by NCDOT; and is estimated to cost $60,000.00.  The Federal Highway Administration will pay 90 percent and the City is asked to pay 10 percent or $6,000.00 with the annual maintenance cost to the City, after construction, of $490.00 per year.  The proposed agreement has the standard features that past agreements of this type contained; therefore, we recommend approval of the agreement authorizing the Mayor and Clerk to execute.
	Following some discussion Mr. McBryde moved to authorize the Mayor and Clerk to execute the agreement, seconded by Mr. Dawkins, and carried unanimously.
	A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH NCDOT.  RESOLUTION NO. R1985-76.
9.	Consideration of Adoption of Resolution Requesting and Approving the participation of the North Carolina Housing Finance Agency in the financing of proposed housing project for occupancy by persons and families of low and moderate income at Tamarack Drive and Landau Road.  Adoption of the resolution was recommended.
	The City Manager presented this matter and stated that it is the standard resolution required by NCHFA and he presented details for the Council.
	Janice Smith, a resident of Hillendale subdivision, was recognized with comments and stated that approval of this will bring their property values down.
	Mr. Swayn Hamlet, the petitioner, was recognized with comments to the contrary.
	Jim Porter, Annie Chavis, and another Hillendale resident were recognized with comments in opposition to this move.
	There was then some discussion of the request.
	Following this discussion Mrs. Felton moved that the request be denied, seconded by Mr. Jones.
	Mayor Hurley called for a vote on the motion and it was as follows:
	For the motion Councilmembers Felton and Jones, against the motion Councilmembers Wofford, McBryde, Mayor Hurley and Mr. Dawkins.  Mayor Hurley declared the motion lost.
	Following some further discussion Mr. Wofford offered motion to approve the matter and adopt the resolution, seconded by Mr. Dawkins.
	Mayor Hurley called for a vote on the motion and it was as follows:
	For the motion, Councilmembers Wofford, McBryde, Mayor Hurley, and Councilman Dawkins.  Against the motion, Councilmembers Jones and Felton.  Mayor Hurley declared the motion carried and the resolution adopted.
	A RESOLUTION REQUESTING AND APPROVING THE PARTICIPATION OF THE NORTH CAROLINA HOUSING FINANCE AGENCY IN THE FINANCING OF A HOUSING PROJECT TO BE LOCATED IN THE CITY OF FAYETTEVILLE, NORTH CAROLINA, AND SPECIFICALLY AT TAMARACK DRIVE AND LANDAU ROAD AND CONSISTING OF 130 UNITS.  RESOLUTION NO. R1985-77.
10.	Consideration of Budget Ordinance Amendment Change 85-8.  Adoption was recommended.
	The City Manager presented this matter and provided details for the City Council.
	Following some discussion Mr. McBryde offered motion for adoption of the amendment, seconded by Mr. Wofford, and carried unanimously.
11.	Consideration of agreement between City of Fayetteville and Edward F. Turberg for analysis of structures in the proposed historic district.  It was recommended to authorize the City Manager to execute the agreement.
	The City Manager presented this matter and gave details for Council's information.
	Following this Mr. Wofford offered motion to authorize the City Manager to execute the agreement seconded by Mr. Dawkins and carried unanimously.
12.	NOMINATIONS AND APPOINTMENTS:
	Airport Commission:
	Mr. B. F. (Buzz) Ward, incumbent; Mr. J. Bernard Stein, incumbent; and Mr. Robert Hasty, incumbent were re-appointed to two-year terms of office to run to June 1987.
	Civil Service Commission:
	Upon motion by Mr. Dawkins, seconded by Mr. McBryde, and carried unanimously, Dr. William P. Shipp, incumbent, was re-appointed to a three-year term of office to June 1988.
	Public Works Commission:
	Upon motion by Mr. McBryde, seconded by Mr. Dawkins, and carried unanimously, Mr. Robert C. Williams, incumbent, was re-appointed to a four-year term of office to run to June 1989.
	Public Works Commission Retirement Board:
	Upon motion by Mr. Wofford, seconded by Mr. McBryde, and carried unanimously, Mr. Tim Wood, PWC Manager, was appointed to a five-year term of office to June 1990.
	Cumberland County Joint Planning Board:
	Mr. Swayn Hamlet, incumbent, was re-appointed to a four-year term of office to run to June 1989.
	Revitalization Commission:
	Carole Goforth, incumbent; Horace Thompson, incumbent; Art Hooker, incumbent; and Herb Stiles, Jr. were re-appointed and elected to three-year terms of office to run to June 1988.
13.	DELEGATIONS OR INDIVIDUALS WISHING TO ADDRESS COUNCIL:
	Council recognized Mr. J. V. Parham, Green Valley subdivision resident, who stated he and the other residents are requesting that City Council limit the number of dogs that residents may own.  He requested that a leash law be passed.  He stated the County is directing their complaints to the City.  The Mayor stated that the City does have a leash law but that the City and the County Canine Departments have now been merged.  Mr. Wofford suggested that staff investigate the matter and report back on animals in general.
	Mr. George Hardwick, a Green Valley resident, stated that the odor behind his house is terrible as well as the noise from the dogs.
	Mayor Hurley assured these individuals that the matter will be thoroughly investigated and whatever action is necessary will be taken.
	Council also recognized Mr. Harold Rudner, 2612 Fashion Lane, a member of the Sierra Club and representing the coalition against radioactive incinerators.  He stated they were definitely against the radioactive incinerator facility proposed for Bladen County by U.S. Ecology.  He stated this incinerator would be located approximately 18 miles from Fayetteville.  He stated that Dr. Daryl Brown is at the present considering this issue.  He requested Council to adopt a resolution in opposition to this proposed radioactive incinerator.
	Following brief discussion Mr. Dawkins offered motion for the adoption of a resolution of opposition as requested by Mr. Rudner.  Motion seconded by Mr. McBryde and carried unanimously.
14.	ADMINISTRATIVE REPORTS:
A.	Statement of tax collections for month of May, 1985.
	The City Manager requested that the receipt of the foregoing statement be noted in the minutes of this meeting.
B.	Graffiti on North Edgewater Drive and Mirror Lake Drive.
	The City Manager stated in a memo that he was sure Council was aware we have over the past several months received several complaints from citizens regarding the graffiti on Edgewater Drive.  The Engineering Department has 
experimented with some inexpensive methods for covering the graffiti, however, that has not proven to be effective.  This is a problem that could of course occur on any city street, however, this one section of Edgewater Drive appears to be a favorite for graffiti due to the fact that there are no houses on either side of the street.  Some of the residents of the area have become more concerned recently because of the obscenities that have been added to the graffiti that was already there.
	Included with this memo you will find an estimate from the Engineering Department for covering up the writing on the street, and as you can see it would be an expensive process.  Of course, covering it up would not prevent someone from going back in, and we cannot station a police officer at that location every day to try to make arrests.  I am bringing this to your attention because we have received several calls here, and I did not know whether any of you had been made aware of this situation.
	He stated additionally that on December 3, 1984, a no parking ordinance had been passed for this location and police patrol increased.
	Following some discussion Mr. Wofford suggested spray painting over the obscene words.
	Mayor Hurley suggested a reward be offered by Crime Stoppers.
	Mr. Tom McLean, an area resident, was recognized with comments and requested Council to paint over the obscenities and increase law enforcement.
	Following some further discussion the City Manager informed Council that he will have Engineering Department paint over the obscenities and increase the police patrol in the area.
15.	MATTERS OF INTEREST TO COUNCIL:
	Mr. Jones raised a question on how long it would take and what action would be necessary to demolish a partially burned house on Sherman Drive that had been standing for some months.  The City Manager stated that he would contact someone with Inspection Department concerning this.
	Mr. Jones stated that he had been contacted by some of the residents of Rowland Circle on the west side of Ramsey Street was being used as a bypass and for excessive speeding.  He requested that police patrol be increased to curb the situation.
	Mr. Wofford informed Council that the Liaison Committee meeting would be held this Thursday, June 27, at 12:00 noon in the Western Steer Restaurant on Owen Drive and one of the topics to be considered would be the 911 emergency telephone system.
	Mayor Hurley then extended thanks to the Police Officer for being present this evening.
	Thereafter all matters of business having been completed, Mayor Hurley adjourned this regular session at 11:00 p.m. upon motion made and duly seconded.
REGULAR MEETING
MONDAY, JULY 1, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, JULY 1, 1985
	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 Father Richard Rogan, St. Patricks Catholic Church following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley stated he wished to recognize the number one celebrity in North Carolina.  He then called on Ms. Joni Parker, recently elected Miss North Carolina on Saturday night in Raleigh.  Mayor Hurley stated he was proud of Joni and presented her with a Market House charm and a key to the City.  He stated the key did not unlock any doors but it certainly unlocked the hearts of the citizens of this community.  Ms. Parker then offered some remarks stating that the All America City is a winning City and that Mayor Hurley is a winning Mayor.  She stated that she would be honored to represent our City and now the entire state for the time of her reign.  She extended grateful thanks for the support of the City.  Mayor Hurley then stated that the City will hold a reception for Joni on the Commons, when she leaves to win the Miss America title in September of this year.  Ms. Parker was then accorded a standing round of applause from those in the Council Chamber.
	Mayor Hurley then recognized Fayetteville Youth Council representatives present in the audience.
	Mayor Hurley stated the City Attorney had requested an executive session for litigation only at the end of this meeting.
1.	CONSENT:
	Mr. McBryde moved to approve all consent items A through L as presented, seconded by Mr. Dawkins, and carried unanimously.
	The consent items appear below.
A.	Approval of minutes of special meeting of June 10, 1985.
B.	Approval of minutes of special meeting of June 12, 1985.
C.	Approval of minutes of special meeting of June 13, 1985.
D.	Approval of request for a refund of City taxes to Mark Lynch and A. Johnson Chestnutt in the amount of $608.40.
E.	Approval of request for a refund of City taxes to Delta Air Lines, Inc., in the amount of $25.61.
F.	Approval of request for a refund of City taxes to Robert and Rosemary Haney in the amount of $59.70.
G.	Authorize advertisement of Corporate Hanger Lease Agreement between Terminix Management Services Company and the Fayetteville Airport Commission.
H.	Authorize advertisement of Rental Car Concession Agreement between the Fayetteville Airport Commission and Avis Rent A Car Systems, Inc.
I.	Authorize advertisement of Corporate Hanger Lease Agreement between McCauley-McDonald Investments, Inc., and the Fayetteville Airport Commission.
J.	Set Public Hearing for August 5, 1985, 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 534 and 524 Grove Street. (Case No. P85-73)
K.	Set Public Hearing for August 5, 1985, to consider the rezoning from R10 Residential District to P2 professional 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 Chloe Drive.
L.	Set Public Hearing for August 5, 1985, to consider paving pursuant to petition of Lambert Street from Oakridge Avenue to Dead End, at the western line of the Gill property.
	PRELIMINARY RESOLUTION REQUIRING THE PAVING PURSUANT TO PETITION OF LAMBERT STREET.  RESOLUTION NO. R1985-78.
2.	PUBLIC HEARINGS:
A.	Consideration of an application by Bordeaux Preschool, Inc. for a special use permit to operate a day care center in a P2 Professional District for an area located on the east side of Boone Trail Extension, south of Village Drive.  The Planning Board recommended approval subject to conditions.
	Planner Al Mitchell presented this matter and displayed a projection.  He stated the Planning Board recommended conditional approval upon three conditions as stated in their memo of July 1, 1985.
	Council recognized Mr. Charles Hester, 238 Collinwood Drive, for his wife, the petitioner and owner of the school, who requested approval of the special use permit.
	There was no opposition present.
	Following brief discussion, Mr. Dawkins offered motion for approval of the foregoing as recommended by the Planning Board to include the three conditions, motion seconded by Mrs. Felton.
	Mr. Bryan Bizzell was recognized in opposition for property owners in the area due to the traffic hazards.
	Following this, Mayor Hurley called for vote on the motion and it carried unanimously.
B.	Consideration of adoption of a resolution ordering the closing of:
1.	Alfalfa Street from Grove Street to a point 150 feet northwardly.  Adoption was recommended.
	The City Engineer presented this matter and stated that the City received a request on May 6 from Bill Maxwell Realtors representing clients along Grove Street requesting that Alfalfa Street be closed from Grove Street northwardly for approximately 150 feet.  When Grove Street was widened some years ago, the Highway Department closed Alfalfa Street connection to Grove Street because of its proximity to the Eastern Boulevard-Grove Street intersection.  Since the requested portion of Alfalfa Street serves only the petitioners property, we see no general public need for this portion of Alfalfa Street to remain a public street.  We recommend approval of the request by adoption of the closing resolution.
	There were neither proponents nor opponents present.
	Following brief discussion, Mr. Wofford offered motion for adoption of the resolution closing the street, seconded by Mr. Jones, and carried unanimously.
	RESOLUTION AND ORDER CLOSING ALFALFA STREET.  RESOLUTION NO. R1985-79. 
2.	Coronation Drive from Coronation Drive northwardly to London Road.
	The City Attorney presented this matter and gave a brief history from his memo in the agenda packet.  He stated a deed had never been accepted by the City for dedication.  He stated the Wachovia Bank owns the street now.  He recommended that City Council hold a public hearing and suggested that the property owners meet with the City staff for additional information.  Anyone who holds a deed can object to this closing he stated.
	Mayor Hurley then asked the property owners present in the audience if they wished to discuss this matter with the staff, and they responded in the affirmative.
	Attorney Herb Thorp was recognized for his client, the applicant.
	Clinton Harris, a local citizen, wad recognized with comments.
	Mr. Allen Potter, 3156 Blakewood Drive, a property owner, was recognized in opposition to the closing.
	Mr. McBryde then offered motion to continue this public hearing for two weeks, seconded by Mr. Dawkins, and carried unanimously.
	The City Attorney informed the property owners that he would meet with them here in the Council Chamber on Wednesday, July 10, at 7:30 p.m. to discuss the matter further.
3.	Reconsideration of the rezoning from C1 Local Business District to M2 Industrial District or to a more restrictive zoning classification for an area located at 517 Minor Street. (Public Hearing held June 24, 1985 and this item continued for Council discussion.)  Denial of the rezoning was recommended at that time.
	Planner Al Mitchell was recognized and stated that the desired operation would not require rezoning for this reason.  It had been determined through the Inspections Department that the above referenced property may be utilized for an electrical contractor's office with vehicle garage storage without having to be rezoned at all.  This determination had been based on their description of the intended use to occupy the property, i.e. office for business inside, storage of repair supplies, and an overnight garage facility for business vehicles.  This would not allow for any outside storage.
	Mrs. Myrtle Driver, the petitioner, was recognized again and affirmed the foregoing.
	Mr. Wofford then moved to deny the request for rezoning to M2  seconded by Mr. McBryde, and carried unanimously.
4.	Reconsideration of Demolition Ordinance for structure located at 1705 Seabrook Road.  Adoption of the ordinance was recommended.
	Mr. Walter Haire of the Inspection Department presented this matter and stated that he had made two inspections of the property but no attempt had been made to correct the deficiencies.  He stated that he was not able to meet with the owners because they could not be contacted.
	Mr. Bill Townsend was recognized for Mrs. Elizabeth Hunt, the owner, and stated that they have buyers for the property and requested an extension to do the necessary repair work.
	Mr. Haire of the Inspection Department stated the building is caving in and hazardous and should be demolished.
	There was then some discussion of this matter.
	Following this, Mr. Wofford offered motion to adopt the demolition ordinance as recommended, seconded by Mrs. Evans, 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 OF FAYETTEVILLE LOCATED AT 1705 SEABROOK ROAD.  ORDINANCE NO. NS1985-22.
5.	Consideration of adoption of the Fiscal Year 85-86 Budget.  Adoption was recommended.
	The City Manager presented this matter and referred Council to the ordinance itself as contained in the agenda packet.
	Following some discussion, Mrs. Evans offered motion to adopt the FY 85-86 budget Ordinance, seconded by Mr. Dawkins.  There was then a detailed discussion of this matter.  Following this, Mayor Hurley called for a vote and it was as follows:  For the motion, Mayor Hurley and Councilmembers Dawkins, Evans, and Wofford.  Against the motion, Councilmembers McBryde, Jones, and Felton.
	The City Attorney then ruled that it would take a two-thirds vote to pass the ordinance and that it must come back in two weeks for a second reading.
	The City Manager suggested that the Council vote on the tax rate separately and pass a continuing resolution and bring the budget back for a second reading.
	Mayor Hurley then declared a five minute recess at 8:00 p.m.  Mayor Hurley then reconvened the Council into session at 8:05 p.m.
	Mr. Wofford then offered motion to set the tax rate at 52 cents for the general rate and 10 cents for the central business tax district rate, seconded by Mrs. Evans, and carried unanimously.
	Mr. Wofford then moved to adopt a policy of merit pay raises for the new fiscal year, seconded by Mrs. Evans.  Mayor Hurley called for a vote on the motion and it was as follows:  For the motion, Mayor Hurley and Councilmen Dawkins, Evans, and Wofford.  Against the motion, Councilmembers McBryde, Jones, and Felton.
	Mr. Wofford then offered motion to adopt the FY 85-86 City Budget as presented by the City Manager, motion seconded by Mr. Dawkins.
	Mayor Hurley called for a vote on the motion and it was as follows:  For the motion, Mayor Hurley and Councilmembers Dawkins, Evans, and Wofford.  Against the motion, Councilmembers McBryde, Jones, and Felton.
	Mayor Hurley then stated the Council would consider the next items on the agenda.
6.	Consideration of approval of renewal of Transit operation contract with American Transit Corporation.  Approval was recommended.
	The City Manager stated that Council cannot act on this item until the next meeting due to funding.
7.	Consideration of bids:
A.	Safety Shoes.
	It was recommended to award the contract to the lowest bidder meeting specifications.
B.	Uniforms.
	It was recommended to award the contract to the lowest responsible bidder.
	The City Manager also stated that Council cannot act on this item until the next meeting due to the funding.
8.	Appearance by Mrs. Joan Allen regarding the Community Arts Center.
	Mrs. Allan was recognized and stated the generous offer of the Francis Brooks Stein Building to the Arts Council by the City as a community art center makes possible a dream for a major cultural facility in the heart of our City.  The monumental structure is a treasured building will soon embark on its third career as a post office, as a library, and as an art center.  We are here, she stated, to thank you for making this dream possible, to update you on the developments of the project, and to ask your blessings.  She stated that the Arts Council needs a firm commitment from City Council and if this is considered, we will draw an agreement.
	Mrs. Evans then offered motion to approve in writing to allow the Arts council to occupy the Francis Brooks Stein Building for a community art center, seconded by Mr. Jones, and carried unanimously.
9.	Consideration of a petition for reduction of the speed limit from 35 MPH to 25 MPH on Devane Street.  The recommended action was to deny the request.
	The City Engineer was recognized and stated that a petition had been received from the residents of this street for the lowering of the speed limit between Raeford Road and Morganton Road from 35 MPH to 25 MPH.  He recommended denial of the petition and stated that they would like the opportunity to meet with the Devane Street residents and review some alternative solutions to their concerns and report back to Council.
	Following brief discussion, Mr. McBryde offered motion to approve the adopting ordinance reducing the speed limit as petitioned, seconded by Mr. Jones and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 20 MOTOR VEHICLES AND TRAFFIC WITH THE CITY OF FAYETTEVILLE CODE OF ORDINANCES - TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL - DEVANE STREET FROM MORGANTON ROAD TO RAEFORD ROAD. ORDINANCE NO. NS1985-24.
10.	Consideration of a resolution to consider transferring maintenance responsibility from NCDDT to the City of Fayetteville for the following streets:
A.	Arbor Road from Stacy Weaver Drive to Dead End.
B.	Prince Charles Drive from Arbor Road westwardly to Hampton Road.  Adoption of the resolution was recommended.
	The City Engineer presented this matter and stated that on May 20, 1985, the Council adopted a resolution accepting maintenance of a number of the streets to be effective July 1, 1985.  I accidentally omitted two streets that should have been on this list.  We would appreciate Council's consideration of adopting a resolution to add these streets to the list.  The effective date would be July 1, 1985, and therefore the City would receive Powell Bill Funds for these streets beginning on that date.
	Mr. Wofford offered motion to adopt the resolution subject to the approval of the budget, seconded by Mrs. Evans, and carried unanimously.
	RESOLUTION AUTHORIZING THE ACCEPTANCE OF STREETS - ARBOR ROAD AND PRINCE CHARLES ROAD.  RESOLUTION NO. R1985-80.
11.	Consideration of Interlocal Agreement between City of Fayetteville and Town of Hope Mills for utilization of Solid Waste Transfer Station.  Approval was recommended.
	The City Manager presented this matter and stated Mr. John Pick, Town Manager of Hope Mills, has requested that an agreement be drawn up allowing the Town of Hope Mills to use our Solid Waste Transfer Station.  Mr. Clark Dill, Director of Sanitation, has calculated the cost of this service to cover operation and maintenance of our facility.  The cost to Hope Mills will be $7.50 per load.  Mr. Dill feels that we can provide this service and does not foresee any reasons why we should not enter into this agreement.
	Mr. Wofford offered motion to approve the agreement subject to the approval of the budget, seconded by Mrs. Evans, and carried unanimously.
12.	Consideration of Interlocal Agreement between City of Fayetteville and Town of Hope Mills for joint purchase of roll-out containers.  Approval was recommended.  The City Manager stated that this was for the purchase of 2,100 new roll-out garbage carts.
	Mrs. Evans offered motion to authorize the joint purchase of 2,100 new roll-out containers with Hope Mills, seconded by Mrs. Felton, and carried unanimously.
13.	NOMINATIONS OR APPOINTMENTS:
A.	Nominations to fill one vacancy on the Board of Adjustment.
	Mr. McBryde nominated Dr. Stacy Hair, incumbent.
B.	Nominations to fill two vacancies on Taxicab Review Board.
	The City Manager recommended that action on this be delayed until the Chamber of Commerce Committee has had time to meet for input into this matter.
14.	DELEGATIONS OR INDIVIDUALS WISHING TO ADDRESS COUNCIL:
	Council recognized Mr. George Armstrong who suggested a city-wide 25 MPH on all residential streets.  Reverend Sandy Saunders was also recognized and echoed Mr. Armstrong's suggestion.
15.	ADMINISTRATIVE REPORTS:
A.	Report on Mirror Lake and Edgewater Drive
	The City Manager stated that the Engineering Department has painted out the objectional wording on these streets.
B.	Fair Labor Standards Act.
	The City Manager referred to the memo in the agenda packet and stated that this may require an amendment to the personnel ordinance.
C.	Emergency Medical Services.
	The City Manager stated if he wished to postpone this matter to the next meeting.
D.	Law Enforcement in City Parks.
	The City Manager referred Council to his memo in the agenda packet and stated that he had mentioned to them at one of the budget workshops that the director of Parks and Recreation and the Chief of Police had gotten together to attempt to come up with a solution to this situation and I believe they have come up with a good solution.  It is the feeling of the Director of Parks and Recreation that law enforcement activity should be handled by the Police Department and that other kinds of activity should be handled Park Rangers.  He has further indicated that if law enforcement can be turned over to the Police Department, that the number of park rangers can be reduced to two positions.  There are currently seven park ranger positions.  He has suggested that the Chief of Police has concurred that five of these positions could be transferred to the Police Department, and the Chief of Police has agreed to establish a special park patrol unit within the Police Department utilizing these five positions and providing a full time law enforcement presence in the City parks.  I believe that this is the ultimate solution to the issue of law enforcement and educational and public relations activities in  the parks.  I am convinced that attempting to perform both functions through the park ranger program is not a satisfactory solution and Mr. Wilson and Chief Hansen wholeheartedly agree.
	There was then a brief discussion of this matter and the Council commended the City Manager, Mr. Wilson, and Chief Hansen for their thoughtful solution.
E.	Annexation.
	The City Manager distributed memos to the City Council a copy is on file with the original of these minutes in the City Clerk's office.
	The City Manager suggested from his memo that Council study series of public hearings in a two-step process 1) the mode of election and 2) draw district boundaries.
	He recommended approving at the public hearing the mode of election then the drawing of the district boundaries.
	There was then a lengthy discussion of this matter and the council was in agreement and suggested that the matter be publicized in the local media and a public hearing was set for July 17 in the City Hall Council Chamber at 7:00 p.m.
	Returning to a discussion of the budget at this time Mrs. Evans offered motion to continue operating appropriations at the current level of the 84-85 budget and adoption of an interim budget appropriation per NCGS 159-16 until such time as the 85-86 budget appropriation is adopted.  Motion seconded by Mr. Wofford.
	Following brief discussion, Mayor Hurley called for vote on the motion and was as follows:  For the motion, Mayor Hurley and Councilmembers Dawkins, Evans, and Wofford.  Against the motion, Councilmembers Felton, Jones, and McBryde.  The motion was declared lost by less than two-thirds vote.
	Mr. McBryde then offered a motion that we have a policy that all City employee receive a 2% pay increase and the remaining budget funds be used to give a merit pay increase to one-third of the employees.  Motion seconded by Mr. Jones.
	Mayor Hurley called for a vote on the motion and was as follows:  For the motion, Councilmembers McBryde, Jones, and Felton.  Against the motion, Mayor Hurley and Councilmembers Dawkins, Wofford, and Evans.  Mayor Hurley declared the motion lost.
	There was then some extensive discussion of the matter.
	Councilmember Dawkins then offered motion to adjourn.  The motion was lost for lack of a second.
	Mayor Hurley then suggested that Council consider the executive session.
	Mr. Dawkins then moved, seconded by Mr. McBryde for an executive session to consider a litigation matter only at 9:15 p.m.  Motion carried unanimously.
	Mayor Hurley adjourned the executive session and reconvened Council into regular session at 9:20 p.m. and recognized the City Attorney.
	The City Attorney stated that in the condemnation case of McCauley and McDonald Investments recommend we settle the case for the property on Cain Road for $600.00.
	Mrs. Evans offered motion to approve the foregoing as recommended, seconded by Mr. McBryde, and carried unanimously.
	Returning to the budget discussion, Mrs. Evans offered motion to continue operating appropriations at the current level of the 84-85 budget and adoption of an interim budget appropriations per NCGS 159-16 until such time as the 85-86 budget appropriation is adopted.  Motion seconded by Mr. Wofford.  Mayor Hurley called for the vote and it was unanimously in favor.
	There then followed a brief discussion of agenda items 6 and 7.  Following this discussion the City Manager recommended delay of these agenda items 6 and 7 to the next meeting of the Council and this was satisfactory.
	Council then returned to Budget discussion and the City Attorney stated that he had misread the law and a simple majority vote would carry.
	Mr. Wofford then moved for adoption of the 85-86 Fiscal Year Budget Ordinance as presented and that this motion overrides any other budget motions tonight.  Motion seconded by Mrs. Evans.
	Mayor Hurley then called for a vote on the foregoing motion and it was as follows:  For the motion, Mayor Hurley and Councilmembers Wofford, Evans, and Dawkins.  Against the motion, Councilmembers McBryde, Jones, and Felton.  Mayor Hurley declared the motion carried.
	1985-1986  BUDGET APPROPRIATION ORDINANCE.  ORDINANCE NO. NS1985-23.
	Mayor Hurley then adjourned this meeting at 9:30 p.m. upon motion made and duly seconded.
REGULAR MEETING
MONDAY, JULY 15, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, JULY 15, 1985
	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 all present.  The invocation was offered by Rabbi David H. Mark, Beth Israel Synagogue.  Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley recognized Fayetteville Youth Council members Bonney Harry and Landon Hadley.
	The Mayor stated the City Attorney had requested an executive session at the end of this meeting to consider litigation and property.
	The City Manager stated that Consent Item 1. F. should read set a public hearing for August 5, 1985.
1.	CONSENT:
	Mr. Dawkins offered motion to approve all Consent Items A through I with the correction as stated by Mr. Smith, seconded by Mrs. Evans and carried it unanimously.
	The Consent Items appear below.
A.	Approval of the minutes of regular meeting of June 24, 1985.
B.	Approval of the minutes of regular meeting of July 1, 1985.
C.	Set public hearing for August 19, 1985, to consider the rezoning from P2 Professional District to R-10 Residential District or to a more restrictive zoning classification than presently zoned for an area located at 111, 115 and 117 Olive Road.
D.	Set public hearing for August 5, 1985, to consider water and sanitary utility installation along New Mcpherson Church Road from Aberdeen Rockfish R.R. northwardly to the southern portion of Guy Circle.
	PRELIMINARY RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA INTO NEW MCPHERSON CHURCH ROAD. RESOLUTION NO. R1985-81.
E.	Adoption of a resolution setting a public hearing for August 19, 1985, to consider closing a portion of Constitution Drive.
	PRELIMINARY RESOLUTiON AND NOTICE OF INTENT TO CLOSE A PORTION OF CONSTITUTION DRIVE.  RESOLUTION NO. R1985-82.
F.	Set a public hearing for August 5, 1985, for the allocation of private activity bonds in the amount not to exceed $20,000.
G.	Approval of corporate hangar lease agreement between Terminix Management Services Company and the Fayetteville Airport Commission.
	RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1985-83.
H.	Approval of rental car concession agreement between the Fayetteville Airport Commission and Avis Rent A Car Systems, Inc.
	RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY.  RESOLUTION NO. R1985-84.
I.	Approval of corporate hangar lease agreement between McCauley-McDonald Investments, Inc., and the Fayetteville Airport Commission.
	RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY.  RESOLUTION NO. R1985-85.
2.	PUBLIC HEARINGS:
A.	Consideration of issuance of redevelopment loan to Louis Spilman, Jr., for renovation of the Pittman Building, 132-134 Hay Street.  It was recommended to continue this public hearing to August 5, 1985.
	There were neither proponents nor opponents present for this matter.
	Mr. Dawkins offered motion to continue this matter to August 5, 1985, seconded by Mr. Jones and carried unanimously.
B.	Reconsideration of closing Coronation Drive pursuant to petition. (Public hearing continued from July 1, 1985.)
	The City Attorney presented this matter and stated that all property owners were present.  He stated that on July 10, 1985, Al Mitchell, Bob Bennett and himself met with some of the residents from the Coronation Drive area as well as the developer to determine if there was any compromise that could be reached concerning the future of Coronation Drive.  The developer stated at the meeting that he had originally filed a request to have the street closed because he felt it was his responsibility to develop it and he wanted to save that cost.  Now that he has found out that he does not own the street and that he has access from London as well as Ramsey Streets, he does not care whether the street is closed or not.  Additionally, the residents were somewhat divided on whether or not they wanted the street to be grassed so they could use it as a play area for their children or whether they wanted the street paved.  The majority seemed to be in favor of having the street paved.  Based upon comments of the residents at the end of the meeting, it is possible that you will receive a request to pave Coronation Drive at your next meeting or in the not too distant future.  Also the developer indicated he may make a written request to withdraw the petition for street closing.  Even if he does not make that request, there is objection to the street closing and therefore you cannot close the street.
	He recommended that City Council do nothing on the matter.  He displayed a projection for the Council's benefit.
	There were no proponents present.
	Mr. Allen Potter, a resident, was recognized and stated that he was interested in paving but requested that it be left open for the time being.
	Mr. Jim Palacheck, Roosevelt Dunn, and Jean Kelly, all of Blythwood Drive in the neighborhood were present and requested eventual paving of the street.
	Following brief discussion, City Council took no action on the matter as recommended by the City Attorney.
3.	PLANNING BOARD MATTERS:
A.	Consideration of the rezoning from R5A Residential District to P2 Professional District or to a more restrictive zoning classification for an area located on the east side of McPherson Church Road, north of the Aberdeen and Rockfish Railroad.
	Planner Al Mitchell of the Planning Department presented this matter and stated that the Planning Board recommended approval of P2.
	There was then a discussion by Council on this matter and following this discussion, Mrs. Evans offered motion to deny the petition.  The motion received no second and Mayor Hurley declared it lost.
	Following some further discussion, Mr. Dawkins offered motion to follow the recommendation of the Planning Board and approve P2 zoning, seconded by Mr. McBryde and carried Mrs. Evans voting no.
4.	Reconsideration of approval of renewal of transit operation contract with American Transit Corporation.  Approval was recommended.
	The City Manager presented this matter and commented from the Assistant City Manager's memorandum in the agenda packet.  He stated the present contract has been in effect approximately two and one-half years.  He displayed a projection of the operating budget.  He stated he believed the City's decision to contract with ATC to manage the transit system has proved to be beneficial in many ways.  During the first year of the management contract, ATC provided a competitive insurance program to protect liability as a result of providing public transportation.
	In addition to operational changes, ATC provided significant technical assistance in developing the plans for changing the old LaFayette Ford Building into a bus maintenance facility.  He stated he had found the technical assistance from ATC to be timely and practical, resulting in more efficient transit system with a steadily declining contribution from the general fund.  The experience of ATC with other transit systems has allowed us to implement these improvements much more rapidly than we could have on our own.
	Following some discussion of this matter, Mrs. Evans offered motion to approve the contract.  Motion seconded by Mr. Wofford.
	There was then some further discussion and Mayor Hurley called for a vote on the motion and it was as follows.  For the motion:  Councilmembers Wofford, Evans, Dawkins and Mayor Hurley.  Against the motion:  Councilmembers Felton, Jones and McBryde.  Mayor Hurley declared the motion carried and the contract renewal approved.
5.	RECONSIDERATION OF BIDS:
A.	Safety Shoes:  It was recommended to award the contract to the lowest bidder to meet specifications.
	The City Manager presented this matter and recommended  awarding the contract to Saf-Gard Safety Shoe Company, Inc. in the amount of $14,155.
	Mr. Dawkins offered motion, seconded by Mr. Jones to approve the foregoing contract as recommended.  Motion carried unanimously.
B.	Uniforms:  It was recommended to award the contract to the lowest responsible bidder.
	The City Manager presented this matter and recommended awarding the contract to Hub-Stinnette Uniforms, Inc. in the amount of $55,451.50.
	Mrs. Felton offered motion, seconded by Mrs. Evans and carried unanimously to award the foregoing contract as recommended.
C.	Drafting Plotter:  It was recommended to adopt the Budget Amendment 86-1 and award the contract to Hewlett Packard Company, the lowest responsible bidder.
	The City Manager presented this matter and stated that this is a part of the computer equipment for the Engineering Department.  This equipment purchase was funded in the 1984-85 budget.  We purchased the majority of their equipment through Wang as an extension of their original bid.  The plotter is a crucial part of their hardware needs which will give them the capability of computer-aided drafting.  This capability should result in greater productivity and improve quality of design and drafting.
	Wang does not have a plotter.  We were unable to purchase this plotter through the competitive bid process before July 1.  The budget amendment merely reallocates the previously budgeted funds which lapsed into fund balance at the beginning of the new fiscal year.  We recommend that Council adopt the Budget Amendment and award the bid to the low bidder.  The low bidder being Hewlett Packard Company in the amount of $11,352.
	Mr. McBryde offered motion, seconded by Mr. Dawkins and carried unanimously to follow the foregoing recommendation of the City Manager and approve the bid and amendment.
6.	Consideration of approval of state grants for airport improvement projects.  Approval was recommended.
	The City Manager presented these matters and commented that the purpose was for improvements at the airport.
	Following brief discussion, Mrs. Evans offered motion, seconded by Mrs. Felton and carried unanimously to approve this item and adopt the resolutions.
	RESOLUTION AUTHORIZING APPROVAL OF STATE GRANT FOR AIRPORT IMPROVEMENT PROJECTS.  RESOLUTION NO. R1985-86.
	RESOLUTION AUTHORIZING APPROVAL OF STATE GRANT FOR AIRPORT IMPROVEMENT PROJECTS.  RESOLUTION NO. R1985-87.
7.	Consideration of a request to establish a loading zone on the west side of Green Street, in front of First Citizens Bank.  Approval and adoption of the ordinances was recommended.
	The City Engineer presented this matter and stated the First Citizens Bank has requested an official loading-unloading zone in front of their office building on the west side of Green Street.  The letter stated that all are in agreement that no alternatives exist as Hay Street is out and the trucks are too large for our parking decks.  We recommend approval of the request and adoption of the two ordinances deleting the parking and establishing the loading zone.
	Following some discussion, Mr. Wofford offered motion, seconded by Mr. Jones to approve the foregoing by adoption of the ordinances.  Motion carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 20, “MOTOR VEHICLES AND TRAFFIC", OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NO. 13 - PARKING ZONES - (SECTION B - TWO-HOUR ZONES) - GREEN STREET WEST SIDE. ORDINANCE NO. NS1985-25.
	AN ORDINANCE AMENDING CHAPTER 20, “MOTOR VEHICLES AND TRAFFIC", OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NO. 10 - LOADING-UNLOADING ZONES - GREEN STREET WEST SIDE.  ORDINANCE NO. NS1985-26.
8.	Consideration of a request for release of an easement across Lot 24, Block J, Section 3, of Glendale Acres, Plat Book 29, Page 28.  It was recommended to approve and authorize the Mayor and Clerk to sign the release.
	The City Engineer presented this matter and stated the owner of this lot is requesting the City to release an easement along the rear lot line.  There are no utilities in this easement and we have reviewed the possible use in the future of this easement with PWC and neither of us can see any foreseeable use.  We recommend approval of the request and authorization for the Mayor and Clerk  to sign the release for the City.  He stated the property owner wished to utilize this space to build a double garage.
	Following brief discussion, Mr. Dawkins offered motion, seconded by Mr. Wofford and carried unanimously to approve the foregoing as recommended.
9.	Consideration of NCDOT proposal for improving Owen Drive-Village Drive intersection.  Approval was recommended.
	The City Engineer presented this matter and stated this intersection has become eligible for improvements using federal aid.  The proposed improvements are outlined on the attached memorandum to the NCDOT Planning Board.
	Ninety percent of the cost is to be paid by the Federal Highway Commission and ten percent of the improvements along Village Drive is to be paid by the City and ten percent of the improvements along Owen Drive to be paid by NCDOT.  In addition to the City paving ten percent along Village Drive, a bus pull-out is also proposed on the northeast quadrant (abutting the City Fire Station) is to be at City expense.  The bus pull-out also utilizes about 12 feet of the City Fire Station property.  We have reviewed this proposal with Fire Chief Johnson who concurs with the project.  The total City cost is estimated at $15,000 which is included in the current budget under NCDOT agreements (State Street Aid).
	This intersection is a very high traffic volume location and has been the scene of 121 accidents during the 42-month period from July 1, 1979 through July 1, 1982.
	We recommend adoption of the resolution to be forwarded to NCDOT approving the projects.
	Mrs. Evans moved for approval and the adoption of the resolutions, seconded by Mr. McBryde and carried unanimously.
	RESOLUTION APPROVING AND REQUESTING IMPROVEMENTS AT VILLAGE-OWEN DRIVE INTERSECTION.  RESOLUTION NO. R1985-88.
10.	Consideration of amendment of lease between City of Fayetteville and Crescent Development Corporation for Municipal Market project and extension of contract with Fayetteville Progress for Municipal Market.
	The City Manager presented this matter and offered comments from the memo in the agenda packet.  He recommended extension of the lease and advertisement.
	Following some discussion, Mr. Dawkins offered motion for approval as recommended and to authorize advertisement.  Motion seconded by Mr. Wofford and carried unanimously.
11.	Consideration of request by Fayetteville Little Theater for 1985-86 funding.
	The City Manager presented this item and stated that the request was received from the Fayetteville Little Theater for funding in the FY 85-86 budget.  They were supplied with the appropriate request forms before the Recommended Budget was submitted.  These forms were misplaced, however, and the request was not submitted.
	The Little Theater was funded for $10,000 in the 1984-85 budget.  Had their request been submitted in time, they would have been included in the Recommended Budget at the same level.  This would have been consistent with the Council's agreement to fund the same agencies at the same level.  Mr. Reggie Barton will be at the Council meeting to present this request if necessary.
	Following brief discussion, Mrs. Evans offered motion to approve $10,000 in funding for the Little Theater for the FY 85-86.  Motion seconded by Mr. Jones and carried unanimously.
12.	Consideration of ordinances amending Chapter 7 and Chapter 32 of the Fayetteville City Code concerning animals.  It was recommended to refer the ordinances to the Planning Board.
	The City Attorney presented this matter and stated the two proposed ordinance changes are in response to the recent inquiry concerning the number of dogs that a person can have on their property.  The amendments to Chapter 7 regulate the number, the location of any pens, and sanitation problems.  The amendment to Chapter 32 creates a new type of use in the C1 District, that being kennels.  By placing kennels in a C1 District, this precludes them from being in a P2 or any R District.  This amendment will have to be approved first by the Planning Board and then forwarded to you for your consideration.  Therefore, I recommend that you forward the amendments to Chapter 32 to the Planning Board and wait to address the amendments to Chapter 7 after the Planning Board has acted.
	Discussion followed and Mr. Wofford suggested some public input on this matter.
	There was then some further discussion and Planner Mitchell stated that their budget does not provide for the advertisement by display ad.  It provides only for legal ads.
	Following some further discussion, Mr. McBryde offered motion to send these ordinances to the Planning Board for a public hearing and authorize funds for a display ad.  Motion seconded by Mr. Jones and carried unanimously.
13.	Consideration of ordinance imposing a lien against the property located at 504 McIver Street.  Adoption of the ordinance was recommended.
	The City Attorney presented this matter in the absence of Mr. Walter Haire of the Inspection Department who recommended approval and adoption.
	Mrs. Evans offered motion, seconded by Mrs. Felton and carried unanimously to adopt the ordinance at 8:15 p.m.
	AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN CITY OF  FAYETTEVILLE, NORTH CAROLINA AGAINST PROPERTY LOCATED AT 504 MCIVER STREET AND OWNED BY GEORGE WASHINGTON HEIRS IN THE AMOUNT OF $900.  ORDINANCE NO. NS1985-27.
	There was then a discussion by Council of the cost of clean-up of lots and of the possibility of doing this work with City forces and billing the property owners afterward.  Assistant City Manager Stancil was requested to check into this matter.
14.	Consideration of adoption of the following project ordinance amendments and closeouts:  The City Manager deleted Items F and G and requested approval of the balance.
	A.	Change Nos. 85-20 - 85-22 - Affecting HUD - Community Development.
	B.	Change No. 85-23 - Affecting Airport.
	C.	Change No. 85-24 - UMTA Grant (Transit Building).
	D.	Closeout 85-12 - Sixth Year Community Development.
	E.	Closeout 85-13 - Seventh Year Community Development.
	Mr. McBryde offered motion, seconded by Mr. Dawkins to adopt the foregoing Amendments A through E as recommended.  Motion carried unanimously.
15.	Consideration of contract with Cumberland County and Chamber of Commerce for Economic Development Board.  Approval was recommended.
	The City Manager presented this matter and gave details of the proposed contract.  He stated the contract was between the County of Cumberland, the City of Fayetteville and the Chamber of Commerce.  He stated the County has approved the contract and the Chamber is to consider it at their next meeting.
	There was then some discussion of the matter.
	Following this, Mr. McBryde offered motion to approve the contract as recommended, seconded by Mrs. Felton and carried unanimously.
16.	NOMINATIONS AND APPOINTMENTS:
A.	Appointment of Dr. Stacy Hair to the Board of Adjustment.
	Mr. McBryde offered motion, seconded by Mr. Jones and carried unanimously to reappoint Dr. Stacy Hair for a three-year term of office to July, 1988.
B.	Nominations to fill two vacancies to the Taxicab Review Board.
	Assistant City Manager Stancil gave a report on the meeting of the Chamber of Commerce Committee to review the taxicab ordinance and recommend changes.  He requested postponement of the foregoing nominations to the next meeting of the Council.  This was approved by Council.
17.	DELEGATIONS:
	There were none.
18.	ADMINISTRATIVE REPORTS:
	The City Manager stated that the information meeting for July was scheduled for the fourth Monday.  He proposed that at this meeting that Council discuss audits and invite Mr. Charlie Johnson from the Audit Office to be present.  Also at the August meeting he proposed a discussion of the capital projects.
	Mayor Hurley reminded the Council of the public hearing on the annexation matter on Wednesday, July 17.
	The City Manager informed Council that we may receive a $50,000 grant from the State Legislature for the Barge's Tavern.  He requested authorization to discuss a budget with the Motel Association for this project.  This was agreeable with the Council.
	The City Manager stated that he had sent a memo to Councilmembers on the Seabrook Pool situation.  He stated he will meet again this week to discuss the matter further with state officials and will make a firm recommendation afterward.
	There were then comments by Mrs. Evans concerning the Seabrook Pool and comments by Mr. Wofford that the City should start plans now for a pool for next year.
	There was then a detailed discussion of the matter.  Following the discussion, the City Manager stated that he will present this matter in detail in August.
	The City Manager informed Council that Major Fred Truitt, a long-time member of the Police Department, is retiring and that a retirement luncheon had been set for 11:30 a.m. until 1:00 p.m. at the Best Western Motel on Friday, July 26.  He encouraged all Councilmembers to be present.
	Mr. McBryde then offered motion, seconded by Mr. Wofford, and carried unanimously to present Major Truitt with his weapon and badge at this luncheon meeting.
19.	MATTERS OF INTEREST TO THE COUNCIL:
	Mr. Jones informed Council that he wad first car over the new bridge at Spring Lake today.  Mr. Jones also recommended that a letter of condolence be written to Mrs. Wilbur Smith at the death of Mr. Smith, a long-time community leader.
	Mr. McBryde suggested to the City Engineer that left turn on red signals be installed on Burgess and Maxwell Streets.  The City Engineer stated he would get a report on this.
	Mr. Dawkins stated that Mr. Johnny Joyce had done a very nice commentary on the death of Mr. Wilbur Smith.
	Mrs. Evans directed a question to the City Engineer as to how many sidewalks are now on major thoroughfares.  The City Engineer stated that much had already been done on this matter and was continuing.
	Mrs. Evans stated that at Clark Park the automobiles must be parked at least 600 feet away from the tables and that this was proving to be a considerable inconvenience and could something be done about it.  Parks Director Jack Wilson stated that this was being worked on but no improved roads existed at the present time.
	Mr. Wofford stated that he had received complaints about the long red light on Hay Street at its intersection with Ray Avenue.  He suggested flashing red and amber lights.  The City Engineer was requested to check this.
	Mr. Wofford stated that he had traveled Devane Street and did not see any 25 MPH signs as yet.  The City Engineer stated that he would check this.
	Mayor Hurley asked the City Engineer about the street paving program and of the progress.  The City Engineer stated that Cumberland Paving Company will start on those streets approved in the near future.
	Mayor Hurley informed the Council that Mr. Jim Warner, Chairman of the Public Works Commission, had by-pass surgery last Friday at Duke Hospital and is reportedly doing well.  He stated Mrs. Julia Warner would be out of the office for approximately two more weeks.
	Mayor Hurley informed Council that Councilwoman Felton had been appointed liaison between the Arts Council and the City Council and extended thanks to her for accepting this appointment.
	Mayor Hurley then extended thanks to the Police Officer for being present at the meeting this evening.
	Mayor Hurley then stated he would accept a motion for an executive session and Mr. McBryde offered motion, seconded by Mr. Jones that the Council enter into executive session at 9:10 p.m. for litigation and property only.  Motion carried unanimously.
	Mayor Hurley then adjourned the executive session at 10:00 p.m. and reconvened the Council into regular session and called on City Attorney Cogswell.
	The City Attorney stated that in the Spell case recommend you ratify the previous appeal notice that was filed on the order on the sanctions and also approve appeal of the attorneys, fee award that was entered last week.
	Mr. McBryde offered motion to approve as recommended, seconded by Mr. Dawkins and carried unanimously.
	The City Attorney then stated that in the Cecelia Gray case recommend you employ Bobby Deaver to assist in the defense of Danny Dixon.
	Mr. Dawkins offered motion, seconded by Mr. Wofford and carried unanimously to approve as recommended.
	Thereafter, all matters of business having been concluded, Mayor Hurley adjourned this meeting at 10:05 p.m. upon motion made and seconded.
INFORMATION MEETING
MONDAY, JULY 22, 1985
	FAYETTEVILLE CITY COUNCIL
	INFORMATION MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, JULY 22, 1985
	7:00 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Mildred Evans, J. L. Dawkins, Milo McBryde, Jimmie Jones, Emaretta Felton
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
ABSENT:	John P. Smith, City Manager
	Mayor Hurley called the meeting to order.  Councilmember Felton offered the invocation, followed by the Pledge of Allegiance to the Flag.
	Mayor Hurley recognized Assistant City Manager Roger Stancil.  Mr. Stancil referred to the Council's concern during the budget review sessions over the role of the City's auditor.  He introduced Dr. Jack Vogt, Assistant Director of the Institute of Government, who presented a brief summary of the General Statutes and common practices regarding the relationship of the City Council and the independent audit firm.  Following the presentation by Mr. Vogt, Charlie Johnson and Dana Shirley of Haig, Lambert and Byrd, the City's independent auditors, discussed the process they use in auditing the City's financial condition.
	Mayor Hurley then recognized Mr. Richard Herrera, who briefed the Council on the Southeast Fayetteville industrial park and drainage project.
	Upon motion by Councilmember McBryde, seconded by Councilmember Dawkins, the Council voted unanimously to convene into executive session to discuss litigation.  The Council reconvened into regular session at 8:50 p.m.  There being no further business, Mayor Hurley adjourned the meeting.
REGULAR MEETING
MONDAY, AUGUST 5, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, AUGUST 5, 1985
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Mildred Evans, Milo McBryde, Jimmie Jones and Emaretta Felton
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
Absent:	Councilman J.  L. Dawkins
		John P. Smith, City Manager
	Mayor Hurley called the meeting to order and welcomed those present in the assembly.  He extended a special welcome to Dr.  Joseph W. Walker, a newcomer to the City.  He then called on Dr. Walker, Minister of First Presbyterian Church, to offer the invocation.  Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley stated that Councilman Dawkins may be late to the meeting this evening.  Mr. McBryde then moved, seconded by Mr. Jones and carried unanimously that Mr. Dawkins absence be excused pending his arrival this evening.
	Mayor Hurley then recognized Fayetteville Youth Council members Chris Hudspeth and Chris Johnson.
	Mayor Hurley then recognized Miss Carlin Bullard and stated that she had participated in a speech contest and won first prize.  He then read a proclamation for Miss Bullard and presented it to her.
	Mayor Hurley then recognized Katrina McArne and Henry McKoy for participating in the Hershey's track and field contest.  He stated they had won the local competition.  He presented them both with plaques in recognition of their achievements.  The audience then accorded all of these young people a vigorous round of applause.
	Mayor Hurley then announced the City Attorney had requested an executive session for litigation only at the end of this meeting.
1.	Consent:
	Mr. McBryde offered motion, seconded by Mr. Wofford, and carried unanimously to approve all Consent Items as submitted.
	The Consent Items appear below.
A.	Approval of minutes of regular meeting of July 15, 1985.
B.	Approval of minutes of information meeting of July 22, 1985.
C.	Approval of request for refund of City taxes to C.J. Stevens, III and wife Cosby, in the amount of $36.90.
D.	Award of contract for purchase of 264 overhead and padmount distribution transformers to the low bidders. (PWC).
E.	Award of contract for purchase of 1,200 roll-out containers to Kabco, Inc., lowest responsible bidder.
F.	Set public hearing for August 19, 1985, to consider bonds to be issued by Fayetteville Air Cargo Facilities, Inc.
G.	Adoption of resolution setting public hearing for September 3, 1985, to consider assessment roll for water and sanitary sewer utilities in Longview Drive.
	RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR EXTENSION OF WATERWORKS AND SEWAGE SYSTEMS AND OTHER IMPROVEMENTS ON AND IN A PORTION OF LONGVIEW DRIVE.  RESOLUTION NO. R1985-89.
2.	Public Hearings:
A.	Consideration of issuance of redevelopment loan to Louis Spilman, Jr., for renovation of the Pittman Building, 132-134 Hay Street.  Approval was recommended.
	Mr. Richard Herrera, Director of Community Services, presented this matter and stated that this new activity will house several small shops in the building.  He stated the redevelopment loan would amount to approximately $31,000.
	There were neither proponents nor opponents present.
	Mr. McBryde then moved, seconded by Mrs. Evans, and carried unanimously to approve the foregoing as recommended.
B.	Consideration of issuance of redevelopment loan to Junior League of Fayetteville, Inc. for renovation of the Hairr Building, 308 Green Street.  It was recommended to continue this public hearing to August 19, 1985.
	Council again recognized Mr. Herrera who requested continuance to August 19.
	There were neither proponents nor opponents present.
	Mr. Wofford offered motion, seconded by Mr. McBryde, and carried unanimously to continue this public hearing to August 19, 1985.
C.	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 at 534 and 524 Grove Street.  Planning Board recommended denial.
	Planner Al Mitchell presented this matter and gave details.
	Council recognized Mr. John Jamick, the petitioner and a resident of Edgewater Drive, who was recognized in favor of the rezoning and requested approval for a sheet metal shop.  He presented additional comments.
	There was no opposition present.  There was then some discussion by Council.
	Mr. Jamick was then recognized again with additional comments.
	There then followed some further discussion.
	Following this, Mr. Wofford offered motion to follow the recommendation of the Planning Board and deny the request, seconded by Mr. McBryde and carried unanimously.
D.	Consideration of the rezoning from R10 Residential District to P2 Professional 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 Chloe Drive.  Planning Board recommended approval to rezone the first 200 feet of depth from edge of right-of-way P2 Professional and leave the balance of the property R10 Residential.
	Planner Al Mitchell presented this matter and gave the details.
	There were no proponents present.
	Attorney Arthur Lane was recognized in opposition to the proposed rezoning for the area property owners.  He requested denial of the change of R10 zoning.  He stated that he had submitted a protest petition.
	Mr. Theodore Kinney, Mr. Jack Freeman and Mr. Clinton Harris all of Chloe Drive were recognized in opposition to the proposed rezoning.
	The City Attorney informed the Councilmembers that the protest petition had been judged valid and therefore required five votes of the Council to carry.
	Following some discussion, Mrs. Evans offered motion to deny the rezoning, seconded by Mrs. Felton, and carried unanimously.
E.	Consideration of paving pursuant to petition of Lambert Street from Oakridge Avenue to Dead End.  Approval was recommended by adoption of the resolution.
	The City Engineer presented this matter and stated that all property owners had been notified of this public hearing.
	There were no proponents present.
	Mr. and Mrs. Wade Drake, owner residents of Emeline Avenue and owners of property on Oakridge Avenue, were recognized in opposition.
	Mr. John Hornady, owner of the property, was recognized and requested approval.
	There was then some discussion.
	Following this, Mr. McBryde offered motion for adoption of the resolution of approval, seconded by Mr. Wofford, and carried unanimously.
	FINAL RESOLUTION REQUIRING THE PAVING OF LAMBERT STREET, RESOLUTION NO. R1985-90.
	Following this action, there was some discussion of the 30% discount allowed on the payment of assessments, but it was decided following this discussion to wait on this item until the assessment procedure comes before City Council.
F.	Consideration of water and sewer installation along new McPherson Church Road from Aberdeen Rockfish Railroad northwardly to the southern portion of Guy Circle.  Adoption of the resolution approving water and sewer installation was recommended.
	The City Engineer presented this matter and stated that all property owners had been notified of this public hearing.
	There were neither proponents nor opponents present.
	Following some discussion, Mr. Jones offered motion, seconded by Mrs. Felton, and carried unanimously to approve the matter by adoption of the resolution.
	FINAL RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, INTO NEW MCPHERSON CHURCH ROAD.  RESOLUTION NO. R1985-91.
3.	Planning Board Matters:
A.	Consideration of the rezoning from C1A Area Commercial District to C1 Local Business District for an area located on the north side of Pamalee Drive (U.S. 401 Bypass) east of Cain Road Extension.
	Planning Board recommended approval of the rezoning to C1P Shopping Center District for approximately 200 feet of frontage north of the service station extended to a line opposite the southern boundary of Lot 225 of Green Valley Estates.
	Planner Al Mitchell presented this matter and gave details.
	Mr. Sol Rose, representing the owner, was recognized for the developers and commented on the request.
	Following some discussion, Mr. Wofford offered motion to follow the recommendation of the Planning Board and rezone the red hatched area on the map from C1A to C1P.  Motion seconded by Mr. McBryde and carried unanimously.
	Mayor Hurley then declared a five-minute recess at 8:15 p.m.
	Mayor Hurley then reconvened the meeting.
	Mayor Hurley recognized Assistant City Manager Stancil who stated that PWC had requested permission to present a matter at this time even though it was not on the agenda.
	PWC Attorney Richard Lewis requested permission to present the matter which was of an urgent nature.
	Mr. Wofford objected to this since it was not an agenda item.
	Attorney Stacy Weaver was also recognized and stated that the matter was of the utmost urgency.
	Mayor Hurley then polled the remainder of the Council and they were in favor of hearing the request.
	PWC Attorney Richard Lewis presented the matter and stated that it concerned a contract for PWC to purchase the LaGrange Waterworks Association and their water system.  He provided the purchase price and additional information and requested approval.
	There was then some discussion by Council.
	Council then recognized Mr. Lee Adams, Assistant Manager of PWC, who presented additional information for Council's benefit.
	Following some discussion, Mrs. Evans offered motion, seconded by Mr. Jones, to approve PWC's purchase of the LaGrange water system as requested.
	Mr. Clinton Harris was recognized with comments.
	Mayor Hurley then called for a vote on the motion and it carried, Mr. Wofford voting no.
4.	Consideration of request to reconsider rezoning of property owned by Wade Hayes (intersection of Law Road and Ramsey Street).
	Council recognized Attorney Stacy Weaver for Mr. Hayes who requested reconsideration be given to this matter which was defeated by a tied vote at the June 24, 1985 Council meeting.  He requested that it be referred back to Planning Board for review.  He stated the tied vote resulted at June 24, 1985 meeting and the request for rezoning was turned down.
	The City Attorney advised the Council may not reconsider its vote on this particular rezoning case at this time.  The only action you could take would be to refer the request back to the Planning Board as an application for rezoning by the Council.
	The City Attorney stated that there must be another public hearing on this matter.
	Following brief discussion, Mr. Wofford offered motion to refer this matter back to the Planning Board.  Motion seconded by Mr. McBryde.
	Discussion followed.
	Mr. Wofford then withdrew his motion and Mr. McBryde withdrew his second.
	Mr. Wofford then offered motion to delay this matter until the next regular meeting when all City Councilmembers will be present.  Motion seconded by Mr. McBryde.
	Mayor Hurley then called for a vote on this motion and it was as follows:  For the motion - Mayor Hurley, Councilmembers Wofford and McBryde.  Against the motion - Councilmembers Evans, Jones and Felton.
	Mayor Hurley declared the motion lost due to a tie vote.
	There were no further motions offered.
5.	Consideration of amendment to lease agreement between City of Fayetteville and crescent Development, Inc.  Approval was recommended.
	The City Attorney presented the proposed resolution.
	Mr. David Rowland of Fayetteville Progress was recognized with remarks and requested approval.
	Following some discussion, Mrs. Evans offered motion for approval and adoption of the amendment and resolution, seconded by Mr. Jones and carried unanimously.
	RESOLUTION AUTHORIZING THE AMENDMENT OF THE LEASE OF CITY OF FAYETTEVILLE PROPERTY - CRESCENT DEVELOPMENT, INC.   RESOLUTION NO. R1985-92.
6.	Consideration of acceptance for maintenance of streets in Lakes Edge Subdivision:
	A.	Lake Stone Place
	B.	Green Shore Circle
	C.	Woodlake Court
	D.	Lake Mont Court
	Adoption of the resolution was recommended.
	The City Engineer presented this matter and stated that Lakes Edge Subdivision abuts the College Lakes Subdivision and was annexed into the City in August of last year.  The streets were constructed by the developer but the streets have not previously been accepted by NCDOT or the City for maintenance.  We have had a request through Moorman and Kizer, Engineers for the project, for the City to accept the streets within this subdivision for maintenance purposes.  We recommend approval of the request by adoption of the resolution.
	Following brief discussion, Mr. Wofford offered motion to adopt the maintenance resolution of approval, seconded by Mrs. Felton and carried unanimously.
	RESOLUTION AUTHORIZING THE ACCEPTANCE OF STREETS FOR MAINTENANCE IN LAKES EDGE SUBDIVISION.  RESOLUTION NO. R1985-93.
7.	Report from Policy Committee:
	A.	Military Leave
	B.	Code of Ethics
	Mrs. Evans stated that the City Attorney had withdrawn his request concerning military leave.
	The City Attorney presented information on the Code of Ethics conflict of interest and outlined the proposed ordinance.
	Following brief discussion, Mrs. Evans offered motion to adopt the amending ordinance, Article V, Code of Ethics, of the City Code as recommended.  Motion seconded by Mr. Wofford.
	The City Attorney then continued with his presentation of this matter.
	Mr. Wofford proposed changes to the ordinance which were noted by the City Attorney.
	Mayor Hurley then called for a vote on the motion and it carried unanimously.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE CREATING A NEW ARTICLE V - ENTITLED “CODE OF ETHICS" OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES.  ORDINANCE NO. S1985-9.
8.	Consideration of a request to prohibit parking on the south side of Person Street immediately east of Cool Spring Street intersection.  Adoption of the ordinance was recommended.
	The City Engineer presented this matter and stated that he had received a request to revise the No Parking zone on the south side of Person Street east of Cool Spring Street.  This revision has been requested by the law firm of Harris, Sweeny and Mitchell;  since they have recently acquired the property on the southeast corner of Person Street and Cool Spring Street.  This ordinance would create a continuous No Parking zone from the east side of  Cool Spring Street eastwardly beyond the Greyhound Bus Terminal.  We recommend approval of the request by the adoption of the traffic ordinance.
	Mr. McBryde offered motion for approval by adoption of the ordinance, seconded by Mr. Jones and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES - TRAFFIC SCHEDULE NO. II - PARKING PROHIBITED - PERSON STREET, SOUTH SIDE.  ORDINANCE NO. NS1985-28.
9.	Consideration of award of City Contract No. 858602 (Engineering Project No. 01-319-85), Street Construction and Installation of PWC utilities.  It was recommended to award the contract to Crowell Constructors, Inc. for their low bid of $1,697,120.93.
	The City Engineer referred Council to the memo in the agenda packet.
	Following brief discussion, Mr. Wofford offered motion to approve the foregoing contract as recommended, seconded by Mr. McBryde and carried unanimously.
10.	Consideration of petition from Judd Street and Sedberry Street residents to lower speed limits to 15 M.P.H.  Denial of the request was recommended.
	Following brief discussion, Mr. Wofford offered motion to reduce the speed Limit from 35 M.P.H. to 25 M.P.H. along both of the foregoing streets by adoption of an ordinance.  Motion seconded by Mr. McBryde and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES - TRAFFIC SCHEDULE NO. 8, SPEED CONTROL, 35 M.P.H. TO 25 M.P.H.-JUDD STREET AND SEDBERRY STREET.  ORDINANCE NO. NS1985-29.
11.	Appointments:
A.	Nominations to fill one vacancy on the Human Services Commission.  Col. Ben Hill had submitted his resignation.
	No nominations were presented and Mayor Hurley stated this would be reconsidered at the next meeting.
B.	Nominations to fill two vacancies on the Taxicab Review Board.
	Mr. McBryde offered the following nominations as recommended by the Taxicab Owners Association:
	William Baxley to a two-year term of office; Charles Thorne to a two-year term to replace Johnny Godwin; Johnny Godwin as an Alternate Member.
	Mayor Hurley stated this matter would be reconsidered at the next meeting.
12.	Delegations or individuals wishing to address Council:
	Council recognized Mr. W. J. Brown of 471 Albemarle Drive for his mother-in-law.  He stated she had received a notice from the City to clean up her property.  He stated she had then received a bill for $775 for the clean-up without her permission.  He requested that the cost be rescinded.
	Mr. Al Albritton, Chief Inspector, stated that over 1,000 letters have been sent out concerning these matters.  He stated that his department goes by the ordinance.  He stated we will get to all of these infractions as soon as we can.
	Mr. Walter Haire, also of the Inspections Department, was recognized and stated that they had talked to Mr. Brown and his mother-in-law and had given them a 30-day extension to clean the lot.  He stated that we receive bids and try to take the lowest bids on lot clearings.
	Mr. Brown was then recognized again and stated that they did not receive any notice.
	Mayor Hurley suggested notifying the property owners of the best bid and requesting authority to go ahead.  Mr. Albritton stated that we do this by letter to the property owners now.
	Mr. Wofford suggested a policy or ordinance and that the Policy Committee consider this matter.
	Mayor Hurley then asked Assistant City Manager Stancil and the Policy Committee to consider this matter.
	Council then recognized Mr. Clinton Harris, a private citizen, who commented on revenue sharing and stated that swimming pools and sidewalks should be given first consideration.  He also commented concerning the 4-2 voting plan for election of the City Council and requested Council to consider the 6-4 plan.
13.	Administrative Reports:
	A.	Statement from Cumberland County Tax Collector:
		1.	For the month of June, 1985.
		2.	For period from July, 1984 to June, 1985.
	Mr. Stancil requested receipt of these reports should be noted in the minutes of this meeting.
	B.	Surplus Property Report.
	Mr. Stancil referred Council to the memo in the agenda packet.
	C.	Report concerning left turn on red or flashing signal operations at Burgess-Old Streets and Maxwell-Franklin Streets.
	D.	Report concerning flashing signal operation at Ray Avenue-Hay Street intersection.
	Mr. Stancil referred Council to the memos in the agenda packet and the City Engineer stated that he is working on the problem and is considering reducing the traffic signal cycle lengths.
	E.	Report concerning sale of City properties.
	Mr. Stancil referred Council to the memo in the agenda packet and stated that the City is working with the County on this matter.
	F.	Report concerning stop intersections on Murray Hill Road as a speed control measure.
	Mr. Stancil again referred City Council to the memo in the agenda packet and the City Engineer suggested in his memo that the staff meet with the residents for input on the possible installation of four-way stop intersections.
	G.	Report on lot clearing.
	Mr. Stancil referred the Council to the memo in the agenda packet and to Mr. Albritton's report.
	Mr. Wofford suggested that a member of the Inspection Department be present at a Policy Committee meeting to discuss this matter.
	H.	Other.
	Mr. Stancil reminded Council that the first regular meeting in September will be on Labor Day holiday which is September 2.  He stated that Consent Item 1G needed the public hearing date set for the matter concerning Longview Drive.
	It was suggested that the meeting be held on Tuesday, September 3.
	Mr. McBryde then offered motion, seconded by Mr. Jones, to change the first regular meeting in September from Monday, September 2, to Tuesday, September 3.  Motion carried unanimously.
14.	Matters of Interest to the City Council:
	Mrs. Felton reminded council of the NAACP request concerning the voting districts.
	There was then a lengthy discussion on this matter and following this, Mr. McBryde offered motion to authorize the City Manager to seek a proposal from the League of Municipalities with assistance of the Planning Board.  Motion seconded by Mrs. Evans and carried unanimously.
	Mr. Jones requested that Mrs. Evans, Chairperson of the Policy Committee, call a meeting of the Committee to discuss trailer parks and present a report at the next meeting of the Council if possible.  Mrs. Evans stated that she would try to do this.
	Mrs. Evans complimented the City Horticulturist on the flowers in the downtown area of the City.
	Mayor Hurley then extended thanks to the Police Officer for being present this evening.
	In answer to an inquiry from a person in the audience, Mayor Hurley stated that a meeting was to be held by the Planning Board in the Council Chamber on August 20, concerning the dog ordinance.
	Mayor Hurley then stated he would entertain a motion to convene into executive session.
	Mr. McBryde then moved, seconded by Mrs. Evans, that Council enter into executive session for litigation only at 10:30 p.m.  Motion carried unanimously.
	Mayor Hurley then adjourned the executive session and reconvened Council in regular session at 10:40 p.m. and adjourned the meeting upon motion made and duly seconded.
REGULAR MEETING
MONDAY, AUGUST 19, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, AUGUST 19, 1985
	7:00 P.M.
Present:	Mayor Bill Hurley
		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:	Councilman J. L. Dawkins
	Mayor Hurley called the meeting to order and issued a welcome to all.  The invocation was offered by Chaplain J.O. Jernigan, VA Hospital.  Following the invocation Mayor Hurley led the assembly in the pledge of allegiance to the flag.
	Mayor Hurley then recognized Cleveland Shipman of the Engineering Department and presented him with a thirty-year service pin.
	Mayor Hurley then recognized former City Manager Bill Thomas and his wife Jean in the audience.
	Mayor Hurley then recognized Fayetteville Youth Council Members Lisa Harris and Ann Jernigan.
	Mayor Hurley stated the City Attorney had requested an Executive session at the end of this meeting for a litigation matter only.
	Mayor Hurley stated that Councilman Dawkins may or may not be at the meeting tonight.  Mr. McBryde offered motion to excuse Councilman Dawkins until he arrives, seconded by Mrs. Felton and carried unanimously.
1.	Consent:
	Mr. Wofford stated that in the August 5, 1985, minutes, page 604, item 12, bottom of the page, Mr. Clinton Harris's remarks on elections should read 6-0 instead of 6-4 plan.
	Following this Mrs. Evans offered motion for approval of consent item A as corrected and B as presented, seconded by Mr. Wofford and carried unanimously.  The consent items appear below:
A.	Approval of minutes of regular meeting of August 5, 1985 as corrected.
B.	Adoption of Capital Project Ordinance Amendments.
2.	PUBLIC HEARINGS:
A.	Consideration of Issuance of Redevelopment Loan to Junior League of Fayetteville Inc., for renovation of the Hairr Building, 308 Green Street.  Approval was recommended.
	The City Attorney made a correction to the revenue note.
	Mr. Richard Herrera, Director of Community Services, presented this matter and requested approval in the amount of $20,000 and gave additional details.
	There were neither proponents nor opponents present.
	Mr. McBryde moved for approval including the City Attorney's paragraph concerning the borrower in the revenue note, seconded by Mrs. Evans and carried unanimously.
B.	Consideration of the rezoning from P-2 Professional District to R-10 Residential District or to a more restrictive zoning classification than presenting zoned for an area located at 111, 115, and 117 Olive Road.  Planning Board recommends denial.
	Planner Mitchell presented this matter, displayed projections and gave comments.
	Mr. Wade Byrd, 1414 Raeford Road, was recognized in favor, presented a revised requested and offered detailed comments concerning the request.  He also presented drawings and photographs.
	Attorney Stacy Weaver, 2647 Old Colony Place, was recognized in opposition to the petition to rezone, representing Mr. Ciccone and Mr. Smith, property owners in the area.
	Mr. Byrd was recognized again, displayed a map and made additional comments.
	Attorney Weaver was recognized again and offered additional comments.
	There was then a discussion by the Council and questions to Planner Mitchell concerning the petition.
	Mr. Wofford commented on access from Sherwood to Magnolia and of the area becoming a commercial street.  He suggested blocking Sherwood at Olive.
	Mr. McBryde asked about spot zoning.
	There was further discussion concerning the traffic.
	The City Attorney then requested additional time to study the matter.
	Mrs. Evans then moved to close this public hearing and continue this matter until the City Attorney can get some definite answers at the next regular meeting, seconded by Mr. Wofford.
	Mr. Richard Williams, an area property owner, was then recognized with comments.
	Following this, Mayor Hurley called for a vote on the motion and it carried unanimously.
C.	Consideration of Resolution and Order Closing a Portion of Constitution Drive.  Adoption of the resolution was recommended.
	The City Attorney presented this matter and stated that he had met with the attorney for the developer and the description is not the way the street needs to be closed.  The description needs to be rewritten and restudied.  He suggested continuance of this public hearing to the next regular meeting.
	There were neither proponents nor opponents present.
	Mrs. Evans then moved to continue this public hearing to the next regular meeting, seconded by Mrs. Felton and carried unanimously.
D.	Consideration of Resolution with respect to Fayetteville Air Cargo Facilities, Inc., its proposed activities and the financing thereof including approval of such corporations proposed organization, approval of such corporations proposed activities, approval of tax-exempt obligations for the financing thereof, and agreement on acceptance of title to certain property.  Airport Commission recommended adoption.
	The City Attorney introduced the proposed lease and stated numerous changes had to be made.  He recommended that the public hearing be held tonight but defer approval of the resolution and documents until next Monday night, August 26.
	Tom Ray, Airport Manager, was recognized and gave background and briefing.  He stated that this was due to the expansion of the Airport terminal.  He stated the Airport Commission recommended approval.
	Council also recognized Sally Gilmore, Bond Attorney for Hunton and Williams in Raleigh who made a presentation.
	Mrs. Evans asked about City financial responsibility and the Board of Directors.  Mr. Wofford also asked questions.  There was then a general discussion.  Mrs. Evans also asked about insurance liability.
	Mr. Roy Beason, Vice-Chairman of Hill-Beason Limited, of Raleigh, North Carolina, was recognized with comments.
	City Council asked additional questions of Mr. Beason and Sally Gilmore concerning the lease.
	Mr. J. B. Stein, Chairman of the Airport Commission, was recognized and offered comments and response to questions.
	Airport Manager, Tom Ray, offered additional comments on the Board of Directors.
	Mrs. Evans asked additional questions contained within the lease concerning the utilities.
	Airport Attorney, Marland Reid, answered Mrs. Evans' questions concerning this.
	Mr. Wofford then moved that we continue this and bring it back up at the special meeting on August 26, for final consideration, seconded by Mr. McBryde and carried unanimously.
	Mayor Hurley then thanked everyone for their presentations and declared a five-minute recess.  This concluded the public hearings.
3.	Consideration of proposed NCDOT-City Agreement for Participation in Right-of-Way for Construction of Sycamore Dairy Road relocation.  Approval was recommended.
	The City Manager presented this matter and stated that NCDOT has proposed that the City participate in the right-of-way acquisition for the subject project.  The proposal is for 25% participation of the estimated cost of $75,540 making the City's estimated cost $18,885.  It is proposed that the City pay this in a lump sum amount on or before October 5, 1986.  The City Manager reminded Council that this would be in the next fiscal year.
	There was then some discussion by City Council and Mr. Wofford commented that the primary benefit would accrue to the property owners along the roadway so they should put up at least 25% of the cost of the right-of-way.  Mr. McBryde disagreed that it is not any different than spending funds downtown.  He stated it will also help the traffic problem on Devers Street through FTI.  Mr. Jones agreed with Mr. McBryde.
	Following some further discussion Mrs. Evans moved for approval as recommended that the Mayor and Clerk be authorized to sign the agreement and for the adoption of the resolution.  Motion seconded by Mr. McBryde and carried, Mr. Wofford voting no.
	A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA - SYCAMORE DAIRY ROAD RESOLUTION NO. R1985-94.
4.	Report from the Policy Committee.
	Mrs. Evans, Chairperson of the Committee, stated that Mr. McBryde and herself were at the meeting along with staff members.  Member J. L. Dawkins was absent.
	Mrs. Evans stated they first discussed the lot-clearing procedure and Mr. Wofford felt that the fee should be raised from $25.00 to $75.00.  Mrs. Evans stated she did not concur with this suggestion.
	Mr. Wofford stated that title search fees and the like by Inspection Department justified the increase.  This was discussed in connection with letters mailed to the property owners.
	There was then a discussion by City Council.
	Mrs. Evans offered comments against raising the fee.
	The procedure was then discussed.
	Mr. McBryde then moved that we adopt the policy of the Policy Committee on clearing of lots and instruct the staff to bring back an ordinance leaving the amount of the fee out.  Motion seconded by Mr. Wofford and carried, Mrs. Felton and Mr. Jones voting no.
	Mrs. Evans then stated the committee next discussed mobile home parks and recommended that the staff check special zoning.  Mr. Wofford stated there is such zoning in the County and it would create standardized zoning for each government entity.
	This was discussed for several moments.  Mrs. Evans then moved that we ask the planning staff to investigate special zoning for mobile home parks and review existing standards for mobile homes as soon as possible, seconded by Mr. Jones and carried unanimously.
	Mrs. Evans then stated the committee recommended that requirements for reconsideration of zoning decisions remain as they are to come up only at 12-month intervals.
	Mr. McBryde stated whether exceptions should be made in case of a tie vote and we should hear items again in such cases.
	This was discussed for several moments.
	Mr. Wofford stated that in his opinion tied votes should be considered as lost motions.
	Further discussion followed.
	Mr. McBryde then moved that in the event of a tied vote where there are an even number of Council members present, we would come back at the next meeting that were an odd number of members present and vote again so that there is a majority one way or the other.  In the event that there is an abstention which causes a tied vote, we follow Robert's Rules of Order in a tie vote.  Motion seconded by Mrs. Felton and carried.  Mrs. Evans and Mr. Wofford voting no.
	The City Manager reminded Council that this is to authorize preparation of an ordinance and bring it back to City Council for consideration.
5.	Appointments:
A.	Nominations to fill one vacancy on the Human Services Commission.
	Mayor Hurley nominated Mr. Richard Griffin, Head Librarian of Fayetteville State University to complete the term of Colonel Ben Hill, who had resigned.  Mayor Hurley stated that this would be reconsidered at the next meeting.
B.	Election of William Baxley, Charles Thorne, and Johnny Godwin to the Taxicab Review Board.
	Mr. McBryde offered motion, seconded by Mr. Jones and carried unanimously to appoint William Baxley to a full two-year term of office said term to run for two years to July 1987, Charles Thorne from alternate member to two-year term of office to replace Johnny Godwin said term running for two years to July 1987, and Johnny Godwin as an alternate member for two years to July 1987.
6.	Delegations or individuals wishing to address Council:
	Council recognized Mr. Clinton Harris, a local citizen, who spoke regarding the City policy on sidewalks which are an essential service he stated.  There is no provision for paved sidewalks he stated.  Can the Inspection Department enforce the policy he asked.  What about sidewalks on Union Street behind the Post Office.  They are a very necessary item.  The Federal Government has a policy concerning this.  The City has an obligation to fulfill its policy and to construct paved sidewalks wherever they are needed.  The Council needs to look into this and see that it is done where necessary.
	Following his remarks, Mrs. Evans stated that Mr. Harris is 100% right.
	Mr. McBryde stated that the City does not say paved sidewalks.  We require graded sidewalks, which we do.
	This was discussed for several moments.
	Mayor Hurley suggested to Mrs. Evans that it has been about two years since we seriously looked at joint participation in the construction of concrete sidewalks and he felt that the mood of the Council has changed and asked that this be placed on the Policy Committee agenda.  Mrs. Evans stated that she would do so.
	Mr. Wofford asked for an answer to Mr. Harris's question about lack of graded sidewalks in conjunction with new construction.
	Planner Mitchell stated this is required in subdivisions where there are site plans.  This also applies to new buildings with site plans.
	This was discussed for some moments.
	Mr. Wofford then suggested that the Planning Board and the Policy Committee consider the entire sidewalk policy and come back to City Council with the recommendation.
	Mrs. Evans suggested an alternate member be appointed to the Policy Committee and Mayor Hurley appointed Councilman McBryde.
	Mayor Hurley then thanked Mr. Harris for his remarks.
7.	Administrative Reports:
A.	Discussion of regulation of satellite dishes.
	The City Manager introduced this matter and stated this is an Administrative Report and not a recommendation for an ordinance or regulation but to get input from the Council on the subject.  He stated the Planning Department staff is working on an ordinance, since our present code does not mention or define satellite dishes.  The Inspection Department is currently using the code definition of a building.  This does regulate location on a building lot.  Satellite dishes may not be placed in a front yard.  We have received calls pro and con concerning these dishes.
	Mayor Hurley then stated the Council would hear brief comments from the audience, but there would be a public hearing on this matter later.
	Council recognized Rae Herring, a dealer, in opposition to the strict regulation on the placement of these dishes.  She offered additional remarks in support of her opinion.
	Mr. Jones asked questions about the scrambling of signals.
	Mayor Hurley thanked Ms. Herring for her remarks.
	Council next recognized Mr. Hurley Crist, a dealer, with remarks concerning dishes being regulated as buildings.  He stated they were actually antennas.  A lot of churches and educational institutions are using them here in the community.  He asked that they be permitted to have input in the process.
	Mayor Hurley replied that this could come at the public hearing.
	Council also recognized Mrs. Marie Pressler, a county resident, who stated that she and others had spoken to the City Manager and he was most considerate with their problems.  She stated she represented the amateur radio operators of the area and asked that they also be allowed to give input.
	The City Manager stated that the Inspection Department had sent letters to persons with the dishes in their front yards.
	Mr. Wofford was in agreement with the definition of the City Code and of the staff enforcement of it.
	A lengthy general discussion then followed.
	Following this, Mayor Hurley thanked everyone for speaking, and stated the Council would seek additional input at the public hearing on the matter.
B.	Statement of tax collections for the month of July 1985:
	The City Manager stated that such statement had been received from the tax collector and requested that receipt of this report be made a matter of record in these minutes.  The City Clerk was so directed.
	Council then entered into a discussion concerning Cablevision.
	The City Manager stated that a memo had been sent to the Council on the survey which had been conducted and guidance was requested by the Administration.
	Mrs. Evans moved that the Mayor appoint a committee from the Council to negotiate with the principals at the local Cablevision company.  Motion seconded by Mr. Jones.
	Following some further discussion, Mr. Wofford opposed the motion on the grounds that the legal advisors state Cablevision owes the City the money and Cablevision agrees to pay on condition.  They should pay all arrears fees due the City first.  They want additional concessions prior to payment, but they should pay first he stated.  The staff needs to draft a bill and send it to them requesting payment by a specified time or go to court with it.
	Lengthy discussion followed.
	Mr. Jones then withdrew his second and suggested referring the matter to the attorney, City Manager and Mayor.
	Following further discussion, Mr. McBryde moved that the staff draft the bill suggested by Mr. Wofford, send it to Cablevision requesting payment by a specified date or take them to court if they don't pay it.
	Motion seconded by Mr. Wofford who asked to include getting advice from the attorney as to a specific date, or period of time that would be reasonable and make sure that is included in whatever correspondence the City Attorney and City Manager have with Cablevision and put a time limit on the payment in full and that this be made a special item of the Audit Firm of Haigh, Byrd and Lambert, CPA's.
	Some discussion then followed and Mayor stated the Council would be voting on the concept of the drafting of the bill to be sent to Cablevision.
	Mayor Hurley then called for a vote on the motion and it carried.  Mrs. Evans voting no.
	Mr. Wofford then moved that the market survey on Cablevision be made available to the public immediately, seconded by Mr. McBryde.
	Mrs. Evans then suggested that all negotiations be killed immediately.
	Discussion followed.
	Mayor Hurley then called for a vote on the motion and it carried.  Mrs. Evans voting no.
	Mr. McBryde then suggested that Cablevision be present at the next meeting to discuss the “must carry” ruling by the Supreme Court and of their plans concerning which channels will be affected.  Following some discussion Mr. McBryde withdrew his suggestion until a later date at the suggestion of the City Attorney.
8.	Matters of Interest to Council:
	Mr. Jones stated that he was very impressed with the grass cutting in the downtown area and requested continuance of this where necessary.
	Mr. McBryde asked the City Manager about the 911 emergency system.
	The City Manager replied he hoped to have a report at the next meeting with the recommendation.
	Mr. Wofford stated that the City Charter says that the City Council should approve Public Works Commissioner's salaries annually and he does not remember ever doing this.  The City Manager stated that it is a part of the budget process.  Mr. Wofford stated the City Council should see it and consider it.  The City Manager stated there was no change from last year.
	Mr. Wofford suggested that Administration look into a three- to four-year down-the-road look at garbage collection on holidays and come up with a plan for equalizing the number of pickups over a multi-year period to switching the days every two or three years.  He suggested that Monday-Thursday be changed to Tuesday-Friday pickups and back again periodically.
	Mr. Wofford mentioned the memo from the City Attorney regarding gifts to City employees and suggested that the Policy Committee consider this matter.
	Mayor Hurley stated that he had three meetings to remind the Council of.
	Tomorrow night at 6:00 p.m. at Highland Country Club is the annual joint meeting with the Revitalization Commission.  Next Monday night is the information meeting at Tokay Recreation Center.  Parks and Recreation Department wants to make a presentation at this place.  After discussion, it was decided to meet at City Hall instead.
	On Tuesday, August 27, at City Hall there is to be a town meeting regarding the homeless street people in Fayetteville.
	Mayor Hurley then thanked the police officer for being present this evening.
	Mayor Hurley then stated he would entertain a motion to enter into executive session.  Mr. McBryde moved for executive session for a litigation matter only, seconded by Mrs. Evans and carried unanimously.
	Mayor Hurley then adjourned the executive session, reconvened into regular session and adjourned the meeting upon motion made and duly seconded.
SPECIAL AND INFORMATION MEETING
MONDAY, AUGUST 26, 1985
	FAYETTEVILLE CITY COUNCIL
	SPECIAL AND INFORMATION MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, AUGUST 26, 1985
	6:00 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 City Attorney Cogswell offered the invocation.  Upon motion by Councilmember Wofford, seconded by Councilmember Jones, the Council voted unanimously to convene into executive session to discuss personnel and litigation.
	Mayor Hurley reconvened the Council into regular session at 8:30 p.m. and recognized City Attorney Cogswell for the public hearing on the Air Cargo Lease at the Airport continued from the August 19 Council meeting.  Mr. Cogswell recommended that the Council continue this public hearing until their regular meeting on September 3, 1985.  Upon motion by Councilmember McBryde, seconded by Councilmember Jones, the Council voted unanimously to follow the recommendation of City Attorney Cogswell.
	City Manager John Smith then introduced a presentation of current capital needs and recommended projects for possible bond financing.  Reverend Sandy Saunders, Chairman of the Parks and Recreation Advisory Commission, reviewed the recommended capital projects regarding parks and recreation.  City Engineer Bob Bennett presented a package of street and sidewalk projects to be considered for bond financing.  City Manager Smith then presented details of possible financial packages for a bond referendum.
	Councilmember Evans then addressed the Council on the subject of fund raising by councilmembers for charitable organizations.  She suggested that the Council take a position on this matter and suggested that the Policy Committee might wish to discuss this issue.
	There being no further business, Mayor Hurley adjourned the meeting at 9:50
REGULAR MEETING
TUESDAY, SEPTEMBER 3, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	TUESDAY, SEPTEMBER 3, 1985
	7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Mildred Evans, Milo McBryde, Jimmie Jones and Emaretta Felton
		Roger L. Stancil, Assistant City Manager 
		Robert C. Cogswell, Jr., City Attorney
Absent:	Councilman J. L. Dawkins (out of the country)
		John P. Smith, City Manager (ill)
	Mayor Hurley called the meeting to order and issued a welcome to all present.  Mayor Hurley stated the invocation would be asked tonight by Dr. John K. Bergland, Minister of Haymount United Methodist Church and his own Minister.  Mayor Hurley stated that Dr. Bergland is a newcomer to the City and had previously taught for a number of years at Duke University.  Dr. Bergland then offered the invocation.  Mayor Hurley then led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley stated that Councilman J. L. Dawkins is absent tonight because he is in Europe with the U.S. Air Force and is excused from this meeting by unanimous vote of the Council.
	Mayor Hurley stated that City Manager Smith is ill and that Assistant City Manager Stancil will stand in for him.
	Mayor Hurley stated that the City Attorney had requested an executive session for litigation matter only at the end of this meeting.
	Mayor Hurley then recognized Fayetteville Youth Council Members Maggie Marcotte and David Custard.
1.	Consent:
	Mr. McBryde requested a correction of the minutes of August 19, 1985, page 609, Item 4 and stated that Mr. Wofford's name should be substituted for his own for members present at the Policy Committee Meeting.
	Mr. McBryde then offered motion, seconded by Mrs. Felton to approve Item A as corrected and the balance of the consent items as presented.  Motion carried unanimously.
	The consent items appear below.
A.	Approval of minutes of regular meeting of August 19, 1985, as corrected. 
B.	Approval of minutes of information meeting of August 26, 1985.
C.	Set public Hearing for October 7, 1985, to consider the rezoning from R-5 Residential District to P-2 Professional District or to a more restrictive zoning classification for an area located at 1211 Arsenal Avenue.
D.	Set Public Hearing for October 7, 1985, to consider an application by Highland Country Club, Inc., for a special use permit as provided for by the City  of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-23, Subsection (4a) to expand an existing Country Club in an R-10 Residential District for an area located at 2451 Raeford Road.
E.	Set Public Hearing for October 7, 1985, to consider an application by Larry King for a special use permit as provided for by the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-30, Subsection (12) to establish residential uses in a C-2-S Central Business District for an area located at 242 Hay Street.
F.	Set Public Hearing for October 7, 1985, to consider an amendment to Chapter 27 “Subdivision," Section 27-4(b) Final Plat (Sizes of Plate) of the Fayetteville City Code.
G.	Approval of CAP 86-1 - Transit Capital Grant.
H.	Award of contract for purchase of 2,500 feet of 16" ductile iron pipe, class 50 to Griffin Pipe Products Company, the low bidder. (PWC)
I.	Award of contract for purchase of two 20,000-pound Equipment Trailers to North Carolina Equipment Company, the low bidder. (PWC)
2.	Public Hearings:
A.	Reconsideration of Resolution and Order Closing a Portion of Constitution Drive (continued from August 19, 1985, meeting).  It was recommended to continue this Public Hearing to September 16, 1985.
	The City Attorney presented this matter and recommended the continuance of it to September 16, 1985.
	Mrs. Evans offered motion, seconded by Mrs. Felton to continue the foregoing item to September 16, 1985 as recommended.
	Mayor Hurley asked if there were proponents or opponents present and there were none.  Mayor Hurley then called for a vote on the motion and it carried unanimously.
B.	Reconsideration of the rezoning from P-2 Professional District to R-10 Residential District or to a more restrictive zoning classification than presently zoned for an area located at 111, 115, 117 Olive Road. (Continued from August 19, 1985) Planning Board recommended denial.
	Planner Mitchell presented this and offered brief comments.
	The City Attorney then presented the matter and offered comments and recapped the action at the last meeting by City Council.  He stated there is a possibility that this may be spot zoning.
	There was then some discussion as to whether or not to hear persons from the audience and the City Attorney stated that the public hearing was closed at the last meeting and recommended against it.
	Following some discussion of the matter, Mr. McBryde offered motion that the top portion, 111 Olive Road, be rezoned R-10 and the front 100 foot portion of 115 and 117 Olive Road be R-10 and the rear portion be P-2.  Motion seconded by Mr. Jones.
	Following some further discussion Mr. Wofford offered substitute motion that we rezone the property designated as 111 Olive Road, R-10.  Motion seconded by Mrs. Evans.
	Following some discussion, Mayor Hurley recognized Mr. Richard Williams, the property owner, who stated that he had no objection to R-10 now but that he would be back to City Council later concerning this property.
	Mayor Hurley then called for a vote on the substitute motion and it was as follows:
	For the motion - Mayor Hurley, Councilmembers Evans and Wofford.  Against the motion - councilmembers McBryde, Felton and Jones.
	Mayor Hurley declared a tied vote.
	The City Attorney then offered comments and further discussion followed.
	Mr. McBryde then withdrew his original motion and Mr. Jones his second and Mr. McBryde moved to postpone this matter for two weeks, seconded by Mrs. Felton and carried unanimously.
C.	Reconsideration of resolution with respect to Fayetteville Air Cargo Facilities, Inc., its proposed activities and financing thereof including approval of such corporation's proposed organization, approval of such corporation's activities, approval of tax-exempt obligations for the financing thereof, and agreement on acceptance of title to certain property.
	It was recommended to continue this Public Hearing to September 16, 1985.
	Council recognized Airport Manager, Tom Ray, who requested continuance to September 16 for further negotiations with the attorneys.
	There were neither proponents nor opponents present.
	Mr. McBryde then offered motion, seconded by Mr. Wofford to continue the foregoing matter to September 23, 1985, at the request of Mrs. Evans.  Motion carried unanimously.
D.	Consideration of Ordinance confirming assessment roll for waterworks and sewerage systems and other improvements on a portion of Longview Drive.  Adoption of the assessment roll and ordinance was recommended.
	PWC Manager, Tim Wood, presented this matter and gave details and stated the assessment roll had been prepared and the property owners notified of this Public Hearing.
	There were no proponents present.
	Mr. Leonard Godwin, 504 Longview Drive, was recognized with a question on assessments and in opposition to same because he was a senior citizen on a fixed income.
	Following brief discussion, Mr. Wofford offered motion for approval of the foregoing by adoption of the ordinance at 7:45 p.m.  Motion seconded by Mr. Jones and carried unanimously.
	AN ORDINANCE CONFIRMING THE ASSESSMENT ROLL FOR THE EXTENSION OF WATERWORKS AND SEWERAGE SYSTEMS AND OTHER IMPROVEMENTS ON AND IN LONGVIEW DRIVE ORDINANCE NO. NS1985-30.
3.	Public Works Commission Matters:
A.	Consideration of Change Order #1 to Public Works Commission Contract with C. K. Andrews, in the amount of $75,298.45.  The contract provides for extension of unit prices upon agreement of both parties.  Additional funds will be used to construct portion of a water line loop from Snow Hill Road to Starling Road in the vicinity of the County Industrial Park.  Public Works Commission recommends approval, Mr. Tim Wood, PWC Manager stated.
	Mrs. Evans offered motion, seconded by Mr. McBryde to follow the recommendation  of PWC and approve the foregoing.  Motion carried unanimously.
4.	Consideration of amendments to Chapter 14 of the Fayetteville City Code concerning the Clearing of Lots.  Adoption of the ordinance was recommended.
	The City Attorney presented this matter and stated that submitted is an ordinance implementing the policies you approved at your last City Council meeting.  Please note that in Section 14-10.2(b), the amount of administrative fee is left blank and you will need to decide that at the time you consider adoption of the ordinance.  The same would apply to the change to Section 14-10.3(b).  Mr. Wofford suggested changes in Section 1(b).
	There was then some discussion.
	Mrs. Evans moved that the $25.00 remain, seconded by Mr. Jones.
	Mr. Wofford offered substitute motion to accept the $75.00 fee, seconded by Mr. McBryde.
	There was then some discussion of the matter.
	Mayor Hurley then called for a vote on the substitute motion and it was as follows.
	For the motion - Mayor Hurley, Councilmembers McBryde and Wofford.  Against the motion - Councilmembers Evans, Jones and Felton.
	Mayor Hurley then declared a tied vote.
	Mayor Hurley then called for a vote on the main motion and it was as follows.
	For the motion - Councilmembers Evans, Jones and Felton.  Against the motion - Mayor Hurley and Councilmembers McBryde and Wofford.
	Mayor Hurley declared another tied vote.
	Mr. McBryde then offered motion for a $50.00 fee, seconded by Mayor Hurley.
	Mayor Hurley called for a vote on the motion and it was as follows.
	For the motion - Mayor Hurley and Councilmembers McBryde and Wofford. Against the motion - Councilmembers Evans, Jones and Felton.
	Mayor Hurley declared another tied vote and the motion lost.
	Following further brief discussion, the City Attorney was requested to bring this matter back at the September 23 meeting for further consideration.
5.	Consideration of acquiring the County's interest in a vacant lot, Tax Parcel #61.4.2/648/47, for future use in the proposed connection of Langdon Street to Commonwealth Avenue.  The recommended action was to authorize offer of $1,020.
	Mr. Jerry Howland, Engineering Department, presented this matter for City Engineer, Robert Bennett, who was absent and stated that sometime ago, the City received an offer of $1,200 for the purchase of this lot.  This lot was foreclosed on for delinquent taxes by the County a number of years ago.  The City owns a 15% interest in the lot and the County owns an 85% interest in the lot.  The County has approved the sale of the lot at $1,200 with their portion being $1,020 (85%).
	In reviewing the possible disposal of this property, we find the proposed Langdon Street/Commonwealth Avenue connection would cross the portion of the lot.  If the roadway is built sometime in the future; and, if the lot is sold, then a portion of the lot would have to be acquired.  We recommend the City acquire the County's interest in the lot for $1,020 and holding the lot in City ownership until the roadway is built, at which time a portion of the lot can be offered for sale that will perhaps be more valuable than the roadway in place.
	There was then some discussion of the matter.
	Following this discussion, Mrs. Evans offered motion to request the County to deed to property to the City free and clear.  Motion seconded by Mr. Wofford.
	There was then some further discussion of the matter.
	Mayor Hurley then called for a vote on the motion and it carried, Mr. McBryde voting no.
6.	Consideration of request by Mayor for statement of policy regarding fund raising by Councilmembers.
	Mayor Hurley stated that as you recall at our information meeting last Monday night, Mrs. Evans made a request that the Council, as a body, take a position as to whether or not it is ethical for a Councilmember to become involved in community fund drives, charities, etc., due to a possibility of a conflict of interest.  This memo is to inform you that I plan to take a poll of the Council on the matter on Tuesday, September 3.
	Mayor Hurley stated the purpose of this discussion would be to establish a policy.
	Mrs. Evans commented on the issue.  Mr. Wofford stated that City Officials should not participate in fundraising drives.
	Mrs. Evans commented further.
	Mrs. Felton stated there is a need in many areas and they should not affect City Councilmembers.
	Mr. Jones then commented on the issue.
	Following this discussion, Mrs. Evans offered motion that Councilmembers may participate in community fund drives and charities without it being a conflict of interest.  Motion seconded by Mrs. Felton.
	Following some discussion, Mayor Hurley called for a vote on the motion and it carried unanimously.
7.	Appointments:
A.	Election of Mr. Richard G. Griffin to the Fayetteville Human Services Commission.
	Mr. McBryde then offered motion seconded by Mrs. Evans and carried unanimously that Mr. Griffin be appointed to complete the term of Col. Ben Hill, resigned, said term to run to March 1986.
B.	Nominations to fill the following vacancies:
1.	Two vacancies on the Senior Citizens Advisory Commission.
	Mr. McBryde nominated Mrs. Sylvia Allen and Mrs. Selina Pierce, the incumbents.
	Mayor Hurley stated that this would be reconsidered at the next meeting.
2.	One vacancy on the Police Benefit Fund Board of Trustees.
	Mr. McBryde nominated Mr. Vincent Shields, the incumbent.  Mayor Hurley stated this would be considered at the next meeting.
	On an extra item, Mayor Hurley informed Council that he had received the written resignation of Mrs. Jean Ladehoff from the Redevelopment Commission because she and her family were moving away from the City.
	Mr. McBryde offered motion, seconded by Mr. Wofford and carried unanimously to accept Mrs. Ladehoff's resignation with regret.
	Mayor Hurley then nominated Mrs. Kay Huggins, wife of Reverend Sid Huggins of Hay Street United Methodist Church for this vacancy.
	Mayor Hurley stated this would be reconsidered at the next meeting.
	Mrs. Evans requested a discussion of the Civil Service Commission at the September 23, 1985, meeting, if agreeable.
8.	Delegations or individuals wishing to address Council:
	There were none.
9.	Administrative Reports:
	There were none.
	The City Attorney was recognized concerning the Ordinance Amendment - tie vote on zoning matters.
	The City Attorney stated when he was reviewing the final draft on this proposed ordinance amendment for your agenda I discovered some the changes of a housekeeping nature that need to be made to the procedure for voting on zoning matters that I would like for you to consider at the same time.  The City Attorney requested consideration of the proposed Tied Votes Ordinance specifically on rezoning matters.  He stated that these items must go back to the Planning Board and then readvertised as the ordinance will be written.  There was then some discussion of the matter.
	Mayor Hurley explained to the City Attorney that the City Council was talking about rezoning matters only.
	Mayor Hurley recognized planner Al Mitchell who stated that he sent the City Council a memo on the proposed zoning ordinance referring to satellite dishes and requested Council comments if any.
	Mrs. Evans requested that the International Folk Festival take place on September 29, 1985, and asked if there were any objections.  There were no objections from Council however, Mr. McBryde stipulated provided Mrs. Evans and the Festival file the necessary papers with the City Attorney.
10.	Matters of Interest to the Council:
	Mr. Wofford stated that at the last meeting several items had been referred to the Policy Committee that need clarification.  Mayor Hurley stated that he will talk with him about this after the meeting.
	Mr. McBryde pointed out to Assistant City Manager, Roger Stancil, that the American Flag should be on the right in the Council Chamber.
	Mr. Jones requested a change be considered in the name of North King Street to Pepsi Lane.  Planner Mitchell stated that the Planning Department must give this request consideration.
	Mr. Jones asked if there was money left if the Redevelopment Funds for sidewalk paving.  He asked that Mr. Richard Herrera be contacted concerning this.
	Mayor Hurley stated that Miss Joni Parker, had received a nice send-off at noon today to the Miss America Contest.
	Mayor Hurley stated that he had received a memo that a reception would be held for Mr. George Crumbley, long-time employee of the Parks and Recreation Department, honoring his 35 years of service to the City and that the reception would be held at 3:30 p.m. on September 5 at the home of Dorothy Teague, 116 Spring Street.
	Mayor Hurley stated that he had received a petition signed by a number of people in the Olive Road area, expressing opinions in support of the rezoning in this area.
	Mayor Hurley then extended thanks to the Police Officer for being present tonight.  Mayor Hurley stated also the current Police class is graduating on September 6, at FTI.
	Mayor Hurley then stated that he would entertain a motion for an Executive Session.
	Mr. McBryde offered motion, seconded by Mrs. Felton that Council convene into Executive Session for a litigation matter only at 8:30 p.m.  Motion carried unanimously.
	Mayor Hurley then adjourned the Executive Session at 9:00 p.m. and reconvened Council into Regular Session.
	Mayor Hurley then recognized the City Attorney who stated that in the case of Rodriguez vs. McGinnis in Federal Court request you authorize Bobby Deaver to represent Bill Johnson and George Miller to represent Danny Dixon and Roger Holman at $75.00 per hour and other usual arrangements concerning payment of attorneys.
	Mrs. Evans offered motion to follow the recommendation of the City Attorney, seconded by Mr. Wofford and carried unanimously.
	Thereafter all matters of business having been completed, Mayor Hurley adjourned this Regular Session at 9:05 p.m. upon motion made and duly seconded.
	REGULAR MEETING
	MONDAY, SEPTEMBER 16, 1985
	REGULAR MEETING
	MONDAY, SEPTEMBER 16, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, SEPTEMBER 16, 1985
	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 (religious holiday)
	Mayor Hurley called the meeting to order and issued a welcome to all those present.  The invocation was offered by Chaplain (Maj.) Wilson Strickhausen, Pope Air Force Base.  Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley welcomed Fayetteville Youth Councilmembers Jane Kennedy and Chris Johnson.  Mayor Hurley asked Chris to comment on the recent softball game which he did.
	Mayor Hurley stated the City Attorney had requested an executive session at the end of this meeting to consider litigation and personnel matters only.
	Mayor Hurley stated that Mrs. Evans was absent this evening due to a religious holiday and was excused.
1.	Consent:
	The City Manager requested permission to pull Consent Items H, I and K, which dealt with the award of contracts and were listed as consent items through error.
	Mr. McBryde then offered motion to approve all other consent items as presented, excepting H, I and K.  Motion seconded by Mrs. Felton and carried unanimously.
	The consent items appear below.
A.	Approval of minutes of regular meeting of September 3, 1985.
B.	Approval of agreement with NC DOT for inspection of bridges.
	RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA DEALING WITH THE INSPECTION OF BRIDGES.  RESOLUTION NO. R1985-95.
C.	Set Public Hearing for October 21, 1985, to consider the rezoning from R10 Residential District to C(1)P Shopping Center District or to a more restrictive zoning classification for an area located on the west side of McPherson Church Road, south of Morganton Road.
D.	Set Public Hearing for October 21, 1985, to consider amendments to the City of Fayetteville - Code of Ordinances, Chapter 7 “Animals and Fowls" by creating Section 7-26 to address “Keeping of Dogs" and Chapter 32 “Zoning", Section 32-28 “C1 Local Business District" by adding Subsection (35.1) “Kennels" and Section 32-5 “Definitions" by adding Subsection (11.1) “Kennel".
E.	Approval of the rezoning from R5 Residential District to M2 Heavy Industrial District or to a more restrictive zoning classification for an area located at 701 Grove Street.
F.	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 1705 Ramsey Street.
G.	Approval of the rezoning from R15 Residential District to R10 Residential District for an area located at 2451 Raeford Road.
	Item H had been pulled.
	Item I had been pulled.
J.	Adoption of an ordinance imposing a lien against the property located at 1705 Seabrook Road.
	AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN CITY OF FAYETTEVILLE, NORTH CAROLINA, AGAINST PROPERTY LOCATED AT 1705 SEABROOK ROAD AND OWNED BY MR. ROBERT HUNT, MR. CRAIG HUNT AND MRS. ELIZABETH HUNT IN THE AMOUNT OF $850.00.  ORDINANCE NO. NS1985-31.
H.	Award of contract for purchase of two (2) Rear Loading Refuse Compaction Units (20 CY) to Carolina Waste Systems, the lowest responsible bidder for $46,350.00.
	The City Manager presented this matter and stated the lowest bid from Twin States Truck Equipment Company did not meet specifications.  The wrong type of dumpers were included in the bid.
I.	Award of contract for one (1) Rear Loading Ref use Compaction Unit (9-11 CY) to Twin States Truck Equipment Company, the lowest responsible bidder for $13,960.00.
	The City Manager presented this matter and stated the lowest bid did not meet specifications.  The body would require a truck too large for the purpose we desire to use the unit.
	Mr. Wofford offered motion for approval of the foregoing two items as recommended, seconded by Mr. McBryde and carried unanimously.
	Mayor Hurley then recognized Councilman J. L. Dawkins who stated that he was glad to be back after several absences from the Council meeting.
	Mayor Hurley also recognized Mr. Wofford who advised that Item 8 had been continued to September 23 at the last meeting for those persons who may be present and interested.
	Council then returned to consent items.
K.	Award of contract for one (1) Fire Engine to Triad Fire, Inc., the lowest responsible bidder for $106,029.00.
	The City Manager presented this matter and stated that his recommendation was that the bid be awarded to the low bidder, waiving the provision regarding design and manufacturer of the chassis and that this waiver will be part of the award as noted in the minutes of the meeting.
	Mr. McBryde offered motion to accept the low bid with the waiver as recommended by the City Manager, seconded by Mr. Dawkins and carried unanimously.
	This completed the consent items.
2.	Public Hearings:
A.	Consideration of closing a portion of Constitution Drive, pursuant to petition.  It was recommended to approve the closing of a portion of Constitution Drive and adopt the resolution.
	The City Engineer presented this matter and stated that the developer has submitted a new proposal to close a smaller portion of Constitution Drive than was originally requested.
	The City Attorney agrees that the Council may take action on closing a smaller portion of the street than was originally advertised.  This proposed closing is in conformance with the plan submitted and approved by Cumberland County Joint Planning Board.  Water and sewer utilities have been cleared by PWC for the closing of  this portion.  The closing, if approved, would reserve a 20-foot wide storm drain easement from the point of closing to Little Cross Creek.
	There were neither proponents nor opponents present.
	Following brief discussion, Mr. Dawkins offered motion to adopt the resolution ordering the closing, seconded by Mr. McBryde and carried unanimously.
	RESOLUTION AND ORDER CLOSING A PORTION OF CONSTITUTION DRIVE.
	RESOLUTION NO. R1985-96.
B.	Consideration of the rezoning from P2 Professional District to R-10 Residential District or to a more restrictive zoning classification than presently zoned for an area located at 111, 115, and 117 Olive Road. (Continued from September 3, 1985.)  Planning Board recommends denial.
	The City Attorney reviewed the case in detail for the Council and stated that the public hearing portion is over.
	Following some discussion, Mr. McBryde offered motion that we rezone 111 Olive Road R10, the front portion of the remainder, 100 feet back, R5 and the remainder be P2.  Motion seconded by Mr. Wofford.
	Mayor Hurley recognized Mr. Byrd and Mr. Weaver, the attorneys, and they stated they were in agreement.  Mayor Hurley then called for a vote on the motion and it carried unanimously.
3.	Planning Board Matters:
A.	Consideration of Westarea Mobile Home Park in a R6 Residential District for preliminary and final Mobile Home Park plan expansion review for an area located on the south side of Pamalee Drive (U.S. 401 Bypass), west side of Capri Street.  Planning Board recommends approval subject to conditions.
	Planner Al Mitchell presented this matter and stated that the Planning Board recommended conditional approval in accordance with Chapter 30.
	Following some discussion, Mr. McBryde moved for approval of the forgoing per conditions as recommended, seconded by Mr. Wofford and carried, Mr. Jones voting no.
4.	Presentation by Airport Commission regarding airport terminal expansion project.
	Mayor Hurley stated that the Council had met earlier today with the Airport Commission and the presentation had been made at that time.
	The City Manager stated the presentation had been made and that the memo included in the agenda packet outlines the situation.  The problem is one of cash flow.  He recommended that Council simply take action to authorize the staff to negotiate with the low bidders and bring the results of the negotiations back to City Council for final disposition, hopefully by your next meeting on September 23.
	There were then comments by Mr. Dawkins and other members of the Council concerning the matter and of the discussion of a possible bond issue.  Mayor Hurley stated this would be discussed further at the September 23 meeting as recommended.
5.	Consideration of a resolution authorizing the sale of a surplus tract of City/County land located on the northeast corner of Chance and Mechanic Streets.  Adoption of the resolution was recommended.
	The City Engineer presented this matter and stated that this lot was determined to be surplus some time ago.  It was then posted for sale and advertised in the newspaper, with the closing date to receive bids as of September 9, 1985.  The City received four (4) bids, the highest of which was submitted by Benjamin Washington in the amount of $3,800.00.
	This lot was obtained by the City/County through a tax foreclosure procedure several years ago with the County having a 58 percent interest and the City a 42 percent interest.  The County has approved selling this lot to the highest bidder providing they will receive 58 percent of the sale price, $2,204.00, and the City is to realize 42 percent, $1,596.00.  Each of the agencies is to share one-half of the advertising costs.  A resolution is attached authorizing the sale and a map showing the location.
	There was then some discussion of this matter by the Council.
	Following this discussion, Mr. Wofford offered motion that we sell the property and deduct all advertising costs prior to splitting the proceeds proportionally between the City and the County.  Motion seconded by Mr. McBryde and carried unanimously.
	RESOLUTION AUTHORIZING SALE OF REAL PROPERTY - NORTHEAST CORNER OF CHANCE AND MECHANIC STREETS.  RESOLUTION NO. R1985-97.
6.	Consideration of request by Mr. Claude T. Haley, Jr., of 3606 Clearwater Drive, for piping a drainage ditch.
	The City Engineer presented this matter and stated that Mr. Haley was not present this evening and requested a continuance to the next meeting.
	Mr. McBryde offered motion to continue the foregoing to the next regular meeting, seconded by Mr. Jones and carried unanimously.
7.	Consideration of recommendation from Revitalization Commission for some street work along the 100 block of Person Street.
	The City Engineer presented this matter and stated that some time ago the Council decided to try the 90 degree parking in lieu of the angle parking in the 100 block of Person Street.  This provided a number of additional spaces which is desirable for the merchants in this area.  A problem has come about by the existing high curb and the high crown of Person Street, which causes front bumpers to strike the curb.  A proposal to correct this problem was submitted to Revitalization Commission at their last meeting.  This is a temporary solution until the decision is made to construct new curbs and landscaping features.  This temporary solution is to add a wedge-shaped strip of asphalt approximately six feet wide and three inches deep along each gutter line.  This would make the curb height about normal and would alleviate most of the problem.  Some very low cars may continue to strike the curb due to the high crown; however, most car bumpers will overhang the curb without striking.  This work can be accomplished for about $6,000.00.  We recommend accommodating the request of the Revitalization Commission.
	There was then some discussion of the matter.
	Following this, Mr. Jones offered motion to follow the foregoing recommendation of the City Engineer and raise the street curb line, seconded by Mrs. Felton and carried unanimously.
8.	Consideration of amendments to Chapter 14 of the Fayetteville City Code concerning the Clearing of Lots. (Continued from September 3, 1985)
	The City Manager stated that this item was on the agenda by error and was continued to the September 23 meeting at the last meeting of the Council.
9.	Consideration of proposed amendments to Chapter 32 of the City Code “Zoning" regarding tie votes.
	The City Attorney presented this matter and gave the Council a briefing and stated that these amendments must first be approved by the Planning Board.  Therefore, if you approve of these proposed amendments, your action is to forward them to the Planning Board for their consideration.
	There was then some discussion of the matter.
	Mr. McBryde then offered motion to send the amendments to the Planning Board for consideration, seconded by Mrs. Felton.
	Following some further discussion, Mr. Dawkins offered substitute motion to follow Robert's Rules of Order, seconded by Mr. Wofford.
	Following brief discussion, Mayor Hurley called for a vote on the substitute motion and it was as follows:  For the motion - Councilmembers Dawkins, Jones, Wofford and Felton.  Against the motion - Mayor Hurley and Councilmember McBryde.  Mayor Hurley declared the substitute motion carried.
10.	Consideration of award of contract with Direct Research Services for assistance in the development and approval of a plan for municipal elections.
	It was recommended to authorize the City Manager to execute the contract.
	The City Manager presented this matter and offered comments concerning it and referred Council to the memo in the packet. (A copy of this memo is on file with the original of these minutes.)
	Following some discussion, Mr. McBryde offered motion to authorize the City Manager to execute the contract, seconded by Mr. Wofford.
	Following some discussion, Mayor Hurley called for a vote on the motion and it carried, Councilmembers Jones and Felton voting against.
11.	Appointments:
A.	Election of Mrs. Sylvia Allen and Mrs. Selina Pierce to the Senior Citizens Advisory Commission.
	Mrs. Felton offered motion, seconded by Mr. Jones and carried unanimously that Mrs. Allen, incumbent, and Mrs. Pierce, incumbent, be reappointed to the foregoing Commission for two-year terms of office each to September 1987.
	Election of Mr. Vincent H. Shields to the Police Benefit Fund Board of Trustees.
	Mr. Dawkins offered motion, seconded by Mr. Jones and carried unanimously to reappoint Mr. Shields, incumbent, to a three-year term of office to September 1988.
C.	Election of Mrs. Kay Huggins to the Redevelopment Commission.
	Mr. Jones offered motion, seconded by Mr. Dawkins and carried unanimously that Mrs. Huggins be appointed to the foregoing Commission to serve the balance of the term of office of Mrs. Jean Ladehoff, resigned, said term of office remaining to December 1985.
	Mayor Hurley informed Council that he had received a memo that Mrs. Claudia Simpson had resigned from the Human Services Commission.
	Mr. McBryde offered motion, seconded by Mr. Dawkins and carried unanimously to accept Mrs. Simpson's resignation.
	Mayor Hurley stated that nominations to fill this vacancy would be on the agenda for the next regular meeting of the Council.
12.	Delegations or individuals wishing to address Council:
	Council recognized Mr. Clinton Harris, a local citizen, who stated that on the corner of U.S. 401 Bypass and Rosehill Road a Wachovia Bank is being built.  He stated that sidewalks need to be placed at this location.  He stated that the Bank should be contacted concerning this.
	Mr. Harris also stated that beside the Medicine Shop in the 900 block of Hay Street water is coming across the street.  Where is it coming from, he asked; is it from a spring or is it a leak?  He stated that something should be done about it and the City Engineer was asked to check this out.
	Mr. Harris also commented on the voting districts and stated that he was critical of the timetable of City Council to do something about it with the Justice Department.
	Council also recognized Martha Hayes, who stated that she was upset with the City.  She stated that she had been in business at 315 Hay Street from 1978 to the present date.  She stated that she had trouble with garbage can collections and also with mud and dirt.  She stated that at the present time her fire escape was her problem.  She stated that she cannot afford to put up extra steps.  She requested some consideration with this problem.
	This was discussed by Council for several moments and Mayor Hurley stated that the City Council could contact Mr. Al Albritton in the Inspection Department for details and information concerning Mrs. Hayes' problem.
13.	Administrative Reports:
A.	Report from Human Service Transportation Task Force.
	Assistant City Manager for Operations Roger Stancil gave a report from the memo in the agenda packet and stated that he was not asking Council action at this time.  We recommend making a more detailed presentation to the City/County Liaison Committee at their September 26 meeting and then returning to the respective governing bodies October 7 for an endorsement.
B.	Statement of tax collections for the month of August, 1985.
	The City Manager stated that receipt of this report should be noted in the minutes of this meeting.
C.	Report on Langdon/Commonwealth Proposed Connection.
	The City Engineer stated this was a report only and is included in the memo in the agenda packet.
D.	Report on Campbell/Gillespie Project.
	The City Engineer commented briefly on this matter from the memo contained in the agenda packet. (A copy of this memo is included with the original of these minutes.)
	The City Engineer requested authorizing the City Attorney to proceed with condemnations to acquire the property needed.
	The City Attorney stated that he will present this at a later date for City Council action in executive session.
E.	The City Manager gave a report on the traffic signals at the intersection of Hay Street and Ray Avenue.  He stated they are now coordinated with the Bow and Green Streets signals and as it now stands it is a matter of either stacking traffic on Green Street or Hay Street.
	The City Manager offered additional comments.
	Following this, the City Engineer stated that the signals may be changed if Council desires.
	Following brief discussion, Mr. Wofford suggested leaving the traffic signals as they are.
14.	Matters of Interest to Council:
	Mrs. Felton stated that she had received citizen concern and particularly a concern from a high school principal concerning drugs on Jasper Street.  She requested more policing of this area.  The City Manager stated he would call this to the attention of the Chief of Police.
	Mrs. Felton stated she had been contacted by a citizen who owns a wooded area on Ames Street, which is landlocked.  She stated she could not possibly sell the property as it is.  She asked if City Council could help.  The City Engineer was requested to call the property owner concerning this.
	Mr. Jones asked what had happened to the Park Ranger uniforms and the Park Ranger system.  He asked if it had been disbanded.
	The City Manager stated that a special police patrol is being set up to handle this.
	Mr. Jones commented on the report from Mr. Richard Herrera of Community Development on funds obligated for sidewalks.  The City Manager stated that these funds are assigned to contracts as necessary.
	Mr. Dawkins stated he was glad to be back.  He also commented on the destination survey for Cain Road.
	Mr. Wofford stated that we do need to do a destination survey on Cain Road and Skye Drive.
	The City Manager stated that we will get the survey out in several days and plan to discuss it on September 23.
	Mr. Wofford suggested turning this over to the Street and Roads Committee for recommendation.
	Mayor Hurley then stated that this would be turned over to Mr. Dawkins, who is Chairman of that Commission.
	Mr. Wofford asked where we stood on the Breswitz Ames Street property.  He suggested that we sell it.  The City Attorney stated that we must check with Mr. Richard Herrera of Community Development first.
	Mr. Jones asked about the paving contract on Dick Street and Pond Street.
	The City Engineer stated that he was working on the contract at the present time.
	Mayor Hurley then informed Council that at 10:30 a.m., tomorrow morning, at the Kyle House, there will be an appreciation reception for the Friends of the Kyle House who have donated some valuable artifacts.  He invited all Councilmembers to be present.
	Mayor Hurley also commented on the concrete sidewalks with the Wachovia Bank.  He suggested placing this on the Policy Committee agenda.  Mayor Hurley also suggested writing a letter to the contractor.
	Mayor Hurley informed Council that the Steering Committee with the Street People had met and recommends that the City Attorney draw an ordinance prohibiting sleeping in public places.
	Mayor Hurley then extended thanks to the police officers for being present at the meeting this evening.
	Mayor Hurley stated he would then entertain a motion for an executive session and Mr. McBryde offered motion that Council enter into executive session for litigation and personnel only at 9:10 p.m., seconded by Mr. Dawkins and carried unanimously.
	Mayor Hurley then adjourned the executive session at 10:00 p.m. and reconvened the Council into regular session.
	Mayor Hurley reminded Council that they had received a request for a joint closed meeting with the Civil Service Commission.
	Mr. McBryde stated that he was opposed to a closed session and moved that since the meeting next Monday night will be open, the Civil Service Commission may attend and address their concerns to the City Council at that time.  Motion seconded by Mr. Dawkins.
	Mr. Jones offered substitute motion that we hear the tapes with the Civil Service Commission in executive session.  The motion received no second and Mayor Hurley declared it lost.
	Mayor Hurley then called for a vote on Mr. McBryde's motion and it carried, Mr. Jones voting no.
	There then followed a brief discussion of the subjects and topics to be considered at the September 23 information meeting.
	Following this Mayor Hurley adjourned this regular session at 10:15 p.m. upon motion made and duly seconded.
INFORMATION MEETING
MONDAY, SEPTEMBER 23, 1985
FAYETTEVILLE CITY COUNCIL
INFORMATION MEETING
CITY HALL COUNCIL CHAMBER
MONDAY, SEPTEMBER 23, 1985
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 present.  Mayor Hurley stated that a large number of people were present for discussion of the proposed connector between Fort Bragg Road and Morganton Road at Dundee Street.  He stated that although the item was not on the agenda for this meeting, he would make it the first item for discussion.  Councilmember Evans offered a motion to take Dundee Street off the plan as a possible link between Fort Bragg Road and Morganton Road.  Councilmember Dawkins seconded the motion.  Councilmember Wofford expressed concern that this item was not on the agenda and had been referred to the Street and Roads Committee for a full discussion of the issue.  After discussion by the Council, the motion carried by a vote of 6 to 1 with Councilmember Wofford voting in the negative.
	Mayor Hurley introduced the second item for discussion as consideration of amendments to Chapter 22 of the Fayetteville City Code "Personnel".  Mayor Hurley recognized Charles Smith, Chairman of the Civil Service Commission, for his remarks concerning these proposed amendments.  Following discussion by members of the Civil Service Commission and Councilmembers, the Mayor recognized City Manager John Smith who presented background information on personnel procedures and statutory provisions regarding personnel.  Mayor Hurley stated that he had received a telegram from the NAACP opposing the abolishment of the Civil Service Commission.  Councilmember Wofford offered a motion to convene into executive session with the Civil Service Commission to discuss personnel matters, such session not to exceed 30 minutes.  The motion was seconded by Councilmember Felton and carried by a vote of 6 to 1 with Councilmember McBryde voting in the negative.  Upon reconvening into regular session, Councilmember McBryde offered a motion asking the City Attorney to prepare changes to the Personnel Ordinance creating a process similar to that used by the City of High Point.  Councilmember Evans seconded the motion.  The motion carried by a vote of 5 to 2 with Councilmembers Felton and Jones voting in the negative.
	City Attorney Bob Cogswell presented the next item on the agenda, consideration of amendments to Chapter 14 of the Fayetteville City Code concerning the clearing of lots.  Councilmember Wofford offered a motion to adopt the proposed ordinance including a $75.00 Administrative fee.  Councilmember McBryde seconded the motion.  The motion carried by a vote of 4 to 3 with Councilmembers Evans, Jones and Felton voting in the negative.  A second reading of this ordinance will be placed on the agenda for the October 7 City Council Meeting.
	Airport Manager Tom Ray presented the next item on the agenda, consideration of approval of grant for Airport Terminal Expansion Project.  Mr. Ray and City Manager Smith recommended that the Council authorize acceptance of this grant contingent upon signed agreements with tenants to guarantee payback of the proposed loan from the Public Works Commission to the Airport.  Mr. Tom McCoy, Secretary of the Public Works Commission, discussed the Public Works Commission's unanimous approval of this proposed loan.  Upon motion by Councilmember Evans, seconded by Councilmember Jones, the Council voted unanimously to follow the staff recommendation.
	Airport Manager Tom Ray then presented proposed lease agreements for the Fayetteville Airport Cargo Facility, Inc.  He asked that the recommended action was adoption of a resolution authorizing the advertising of these agreements.  Mayor Hurley then stated that the continued public hearing was open.  No one appeared in favor of or in opposition to the proposed lease agreements.  Upon motion by Councilmember Evans, seconded by Councilmember McBryde, the Council voted unanimously to adopt the following resolution:
RESOLUTION WITH RESPECT TO FAYETTEVILLE AIR CARGO FACILITIES, INC., ITS PROPOSED ACTIVITIES AND THE FINANCING THEREOF INCLUDING APPROVAL OF SUCH CORPORATION'S PROPOSED ORGANIZATION, APPROVAL OF SUCH CORPORATION'S PROPOSED ACTIVITIES, APPROVAL OF TAX-EXEMPT OBLIGATIONS FOR THE FINANCING THEREOF AND AGREEMENT ON ACCEPTANCE OF TITLE TO CERTAIN PROPERTY.  RESOLUTION NO. R1985-98.
	A copy of the foregoing resolution is on file in the City Clerk's office.
	Marland Reid, Attorney for the Public Works Commission, then presented a proposed agreement regarding the construction of the Hope Mills tunnel.  He stated that the Public Works Commission unanimously recommended this agreement.  Upon motion by Councilmember McBryde, seconded by Councilmember Jones, the Council voted unanimously to ratify the action of the Public Works Commission.
	Assistant City Manager Roger Stancil presented a report on the proposed consolidated Emergency Dispatch Center.  He recommended that the Council endorse the concept of a cooperative Dispatch Center for the City's emergency services departments and create a position of Communications Director to be filled as soon as possible.  Upon motion by Councilmember Wofford, seconded by Councilmember Evans, the Council voted unanimously to follow the staff recommendation.
	City Attorney Bob Cogswell requested an executive session for the purpose of discussing litigation.  Upon motion by Councilmember Wofford, seconded by Councilmember Evans, the Council voted unanimously to convene into executive session for litigation.  Upon reconvening into regular session, City Attorney Cogswell recommended that the Council authorize hiring Attorney George Miller to represent D. K. Dixon in the case of Pirro v. City of Fayetteville, et als.  Upon motion by Councilmember Wofford, seconded by Councilmember Evans, the Council voted unanimously to follow the recommendation of the City Attorney.
	There being no further business, the meeting was adjourned.
SPECIAL MEETING
MONDAY, SEPTEMBER 30, 1985
	FAYETTEVILLE CITY COUNCIL
	SPECIAL MEETING
	BLUE STREET SENIOR SERVICES CENTER
	MONDAY, SEPTEMBER 30, 1985
	7:00 P.M.
Present:	Mayor Bill RHurley
		Councilmembers Milton Wofford, Mildred Evans, J. L. Dawkins, Milo McBryde
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
Absent:	Councilmembers Jimmie Jones and Emaretta Felton
	Mayor Hurley called the special joint meeting between the Fayetteville City Council and the Recreation and Parks Advisory Board to order and recognized Recreation and Parks Advisory Board Chairman Sandy Saunders.  Reverend Saunders introduced Parks and Recreation Director Jack Wilson who discussed the Little Cross Creek Streamway design and the Friends of the Parks program.  After this presentation, the Park Rangers presented a brief summary of their new program.  
	Mayor Hurley then recognized City Manager John Smith, who discussed the proposed leases at the Airport.  He indicated that they had been successful in obtaining commitments from all tenants except one (Piedmont Airlines).  He indicated that the project could still be completed, shelling in that portion of the concourse proposed for Piedmont and reducing the loan from the Public Works Commission proportionately.  The City Manager told the Council that he was bringing this information to them because their action had been to approve the grant contingent upon lease agreements from everyone.  Council indicated their consensus was to continue to proceed with the grant project.
	There being no further business, the meeting was adjourned at 8:30 p.m.
REGULAR MEETING
MONDAY, OCTOBER 7, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, OCTOBER 7, 1985
	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 and issued a welcome to all present.  The invocation was offered by the Reverend John Cuthill, Immanuel Baptist Church.  Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley then recognized Leon Lancaster and extended congratulations to him for 30 years of service with the Fayetteville Fire Department and upon the occasion of his retirement.  Leon was accompanied by his wife.  Following this, Leon offered comments on his experiences with the Fire Department and particularly of his early service.  Mayor Hurley also stated that Leon was prior to his retirement Assistant Fire Chief.  Mr. Lancaster was then accorded a vigorous round of applause by those present.
	Mayor Hurley then recognized Fayetteville Youth Council Members Chris Hudspeth and Ray McIntyre.
	Mayor Hurley then recognized Mr. Richard Herrera, Director of Human Services.  Mr. Herrera stated that recently the State Human Relations Council had given its annual award to the Fayetteville Human Services Commission, which was a very distinct honor.  Richard asked the members of the Commission to stand and be recognized.  Richard also recognized Chairperson Glorious Fowler and together they displayed the presentation plaque.  Mrs. Fowler then offered comments concerning the Commission's work.  Following this, Mayor Hurley also recognized Bettie Jo Goodenough, a member of the Commission.
	Mr. McBryde then offered motion to approve all consent items as presented, seconded by Mr. Jones and carried unanimously.
1.	The consent items appear below:
A.	Approval of minutes of regular meeting of September 16, 1985.
B.	Approval of minutes of information meeting of September 23, 1985.
C.	Approval of request for a refund of City taxes to Gene Allen Dickey in the amount of $3.38.
D.	Set Public Hearing for November 4, 1985, to consider the rezoning from R6 Residential District to R10 Residential District or to a more restrictive zoning classification than presently zoned, for an area located on the south side of Sherman Drive, east of Ramsey Street. (P85-136)
E.	Approval of Capital Project Ordinance 86-2 for Community Development project year 12 for fiscal year 1985-86.
	Mayor Hurley then recognized the City Manager who requested the removal of agenda items 3 and 13 from the agenda.
2.	Public Hearings:
A.	Consideration of the rezoning from R5 Residential District to P-2 Professional District or to a more restrictive zoning classification for an area located at 1211 Arsenal Avenue.  (P85-112)
	Planning Board recommended approval of P2 Professional District. 
	Planner Al Mitchell presented this matter.
	Mr. John Shaw was recognized at this time and asked for a delay in this proceeding until Mr. James Breswitz could be present to present the item. 
	Mr. Wofford moved to delay this item until the last item on public hearings, seconded by Mrs. Felton and carried unanimously.
B.	Consideration of an application by Highland Country Club, Inc., for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-23, Subsection (4a) to expand an existing country club in an RIO Residential District for an area located at 2451 Raeford Road.  (P85-119)
	Planning Board recommended approval subject to condition.
	Planner Al Mitchell presented this matter.
	Council recognized Mr. Dolph Berry for the request with comments. 
	There was no opposition present.
	Following some discussion, Mr. Dawkins offered motion to approve the foregoing in accordance with the condition in the memo and that it is in keeping with the character of the area and not detrimental to the neighborhood, seconded by Mr. Wofford and carried unanimously.
	Mayor Hurley then returned to Item 2A, Mr. Breswitz being present.
	Mayor Hurley recognized Mr. Breswitz of 1808 Lakeshore Drive for the request and he stated the proposed uses.
	Mrs. Sue Bandy, President of Haymount Preservation of 1215 Hilltop Avenue, was recognized with opposition and with comments.
	Mrs. Katherine Whaley of 1107 Arsenal Avenue, Mr. Clinton Harris, a local citizen, and Mr. Stewart Murray of 1423 Raeford Road were all recognized in opposition to this proposed rezoning.
	Following some discussion, Mr. Wofford offered motion to deny the Planning Board recommendation and leave the property zoned residential, seconded by Mr. McBryde and carried unanimously.
C.	Consideration of an application by Larry King for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-30, Subsection (12) to establish residential uses in a C2S Central Business District for an area located at 242 Hay Street.  Planning Board recommended approval subject to conditions.
	Planner Al Mitchell presented this matter.
	Mr. Ron Wilson of 715 Marketview Court was recognized for the request. 
	There was no opposition present.
	Following brief discussion, Mrs. Evans moved to approve the foregoing conditionally as recommended, seconded by Mrs. Felton and carried unanimously.
D.	Consideration of an amendment to Chapter 27, “Subdivisions," Section 27-4(b) Final Plat (Sizes of Plats) of the Fayetteville City Code.  Adoption was recommended.
	Planner Al Mitchell presented this matter and stated that pursuant to a recently adopted resolution by the Cumberland County Board of Commissioners the subdivision Ordinance for our community must be technically revised to provide for final map sizes and conformance with the Register of Deeds requirements.
	There were neither proponents nor opponents present.
	Following brief discussion, Mrs. Evans offered motion for adoption of the ordinance as recommended, seconded by Mr. Dawkins and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 27, “SUBDIVISIONS," OF THE FAYETTEVILLE CITY CODE OF ORDINANCE.  ORDINANCE NO. S1985-10.
	This completed the public hearings.
	The City Attorney then requested a continuance of Agenda Item 12 for two weeks.  Mr. Dawkins offered motion to continue Agenda Item 12 to the October 21 meeting, seconded by Mr. Wofford and carried unanimously.
3.	PWC Matters:
A.	Consideration of a resolution authorizing condemnation to acquire certain property for sanitary sewer purposes.
	This item had been removed from the agenda at the City Manager's request because a settlement had been reached.
4.	Consideration of agreement with NCDOT for improving Murchison Road between Waddell Drive and U.S. 401 Bypass.  Approval was recommended.
	The City Engineer presented this matter and stated that a letter had been received from NCDOT asking for City participation to the extent of 20% of the right-of-way cost.  The proposed City participation is approximately $21,800 to be paid over a two-year period beginning October 15, 1986.  This proposed agreement has the standard features that the City has agreed to on other similar projects.  We recommend approval of the agreement and authorization for the Mayor and Clerk to sign for the City.
	Mr. Wofford then moved for approval as recommended, seconded by Mr. Jones and carried unanimously.
	RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA - IMPROVING MURCHISON ROAD BETWEEN WADDELL DRIVE AND U.S. 401 BYPASS.  RESOLUTION NO. R1985-99.
5.	Consideration of request by Mr. Claude T. Haley, Jr., of 3606 Clearwater Drive, for piping a drainage ditch. (Continued from September 16).
	The City Engineer presented this matter and stated that Mr. Haley owns property on each side of a drainage ditch that serves a considerable portion of Hillendale subdivision area.  He has requested the City construct an underground storm drainage system and close the ditch.  We have established the cost for this at $8,700.
	The storm drainage installation is clearly within the Council adopted storm drainage policy, by which the City is obligated to pay one-half of the costs.  We explained this to Mr. Haley, however he feels there are some special circumstances and that he should not be required to pay one-half of the cost.  This portion of Hillendale subdivision, including Clearwater Drive was constructed a number of years prior to being annexed into the City.  If the subdivision had been developed within the City, the developer would have been required to install pipe in lieu of leaving the open ditch.  In that case, the cost would have been passed on the home buyers.
	We recommend the application of the City policy in this case and offering further relief on an assessment basis (five years) if Mr. Haley should submit a petition for the work to be done on an assessment basis.
	There was then some discussion of the matter.
	Council then recognized Mr. Haley, who stated the background behind this problem began in 1977, when I purchased my lot and began construction of my house on Clearwater Drive.  This street was virtually a dead end with very few houses on it.  In 1978, development began in the new part of Hillendale and storm drains put in all the streets that then emptied into the ditch running beside my property.  I do not know how the storm drains are routed from that subdivision, but the depth of the drainage ditch has increased for four feet to eight feet or ten feet deep and serious erosion is taking place, weakening my driveway pad.  I do not feel this is in any way my responsibility to have the problem corrected.
	Mr. Haley displayed pictures of the area.
	Mr. Wofford commented that the City may be should handle this matter.
	The City Engineer commented on the numerous requests that he received for this same purpose.
	Mr. Haley was recognized with further comments.
	There was then further discussion of the matter.
	Mr. Jones then offered motion that the City Manager and Mr. Haley work out	a plan of cost and bring back to City Council.  Motion seconded by Mrs. Felton.
	Mayor Hurley then called for a vote on the motion and it was as follows: For - Councilmembers Jones and Felton.  Against - Councilmembers Wofford, Dawkins, McBryde, Evans and Mayor Hurley.  Mayor Hurley declared the motion failed.
6.	Consideration of amendments to Chapter 14 of the Fayetteville City Code concerning the Clearing of Lots. (Second reading)  Adoption was recommended.
	Mr. Wofford offered motion to adopt the ordinance on second reading, seconded by Mr. McBryde.
	Mrs. Evans offered substitute motion that the Policy Committee meet and clarify and bring back to City Council.  Motion seconded by Mr. Jones.
	Council recognized Mrs. Violet Forbis, who suggested that a copy of the ordinance by sent out with each letter to property owners and offered further comments concerning the matter.
	There was then extensive discussion.
	Mayor Hurley then called for a vote on the substitute motion and it was as follows:  For - Mayor Hurley, Councilmembers Evans, Jones and Felton.  Against - Councilmembers Dawkins, McBryde and Wofford.  Mayor Hurley declared the substitute motion carried.
	Mayor Hurley then declared a five-minute break.
	Mayor Hurley then called Council back to order and called on the City Manager who reviewed the action taken and the present ordinance.
	The City Attorney asked shall we continue to enforce the present ordinance.
	The City Attorney requested that action be continued on the foregoing matter until the Policy Committee meeting.
	Mrs. Evans then called a Policy Committee meeting for Tuesday, October 15, at 7:00 p.m. at the Kyle House to discuss the foregoing matter.
7.	Consideration of amendments to Chapter 22 of the Fayetteville City Code, “Personnel."  Adoption was recommended.
	Mayor Hurley informed Council that petitions had been left in the Mayor's Office today opposing abolishment of the Civil Service Commission.
	The City Manager presented this matter and gave details from the memo in the agenda packet.  He also provided information from a survey of other cities.
	Mr. Wofford proposed that we entertain questions from the City Council on this matter and have a public hearing at a later date.
	Mayor Hurley stated that he would hear questions from the Council at this time.
	Mr. Wofford asked a question on the grievance procedure and the City Manager reviewed the process for him.
	There was then a very lengthy discussion of this matter.
	Mayor Hurley then recognized persons from the audience.
	A Mrs. Ross was recognized with comments on employee protection under the proposed ordinance.
	Mr. Clinton Harris was recognized with comments on the survey made of the other cities.
	Mr. Burton was recognized with comments on the petitions containing 1,220 signatures which were delivered to the Mayor today.
	Mr. Alfonzo McKoy was recognized with comments and stated that the citizens have had no input in this matter.
	A Mr. Rick Young was recognized with comments on attorneys at hearings.
	Following this, Mrs. Evans moved that copies of the ordinance be placed in the Mayor's Office and that the City Council have a public hearing on the matter on October 21.  Motion seconded by Mr. Wofford.
	There was then further discussion of the matter and Mayor Hurley called for a vote on the motion and it carried unanimously.
8.	Consideration of granting authority to proceed with implementation of the Coordinated Human Services Transportation System.  Approval was recommended.
	Assistant City Manager Roger Stancil reviewed his memo on this subject in the agenda packet and requested authority to proceed.
	Mr. McBryde offered motion for approval as recommended, seconded by Mr. Wofford and carried unanimously.
9.	Consideration of adoption of resolution stating DBE goals for fiscal year 1986.  Adoption of the resolution was recommended.
	The City Manager presented this matter and recommended approval.  He stated that this is the annual resolution setting our MBE/WBE goals for FY 1986.  The resolution sets these goals at 10.6 percent for MBE's and 3 percent WSE's.  This is an increase from this year's goals of 10 percent and .2 percent respectively.
	We believe that these goals are achievable.  We have more than reached our goals in the past and have received highly complimentary remarks from UMTA concerning our efforts.  We recommend that Council adopt the resolution.
	Following a brief discussion, Mr. Wofford moved for adoption of the resolution as recommended, seconded by Mr. McBryde and carried unanimously.
	RESOLUTION - DBE POLICY STATEMENT.  RESOLUTION NO. R1985-100.
10.	Consideration of assignment of unfunded transit operating authority to N.C. DOT.  Approval was recommended.
	Mr. Dawkins offered motion for approval, seconded by Mr. McBryde.
	The City Manager and Jerome Brown of the transit system presented this matter and stated that for the year in question the City of Fayetteville's total operating authority was $859,907.  We were appropriated $652,632 directly by UMTA.  We did not even spend all of our appropriation.  The request from NCDOT is that we assign the unfunded balance between our operating authority and our appropriation ($207,275) to them.  They have sufficient appropriations to fund this operating authority in other areas of the state.
	Mayor Hurley then called for a vote on the motion and it carried unanimously.
11.	Consideration of CAP Ordinance Amendment Change 86-5 to CAP 9 (Transit Capital Grant for transit garage renovation).  Adoption was recommended.
	Assistant City Manager Stancil read from his memo in the agenda packet.
	Following this, Mr. Wofford offered motion for adoption as recommended, seconded by Mr. Dawkins and carried unanimously.
12.	Consideration of removal of liens imposed by Inspection Department.
	This item had been continued to October 21 meeting at the request of the City Attorney.
13.	Consideration of amendment to Chapter 14 “Garbage, Trash and Weeds" of the Fayetteville City Code to include obstruction in sight distance triangles at intersections as a violation enforceable under the Lot Clearing ordinance.
	The foregoing item had been removed from the agenda at the request of the City Manager.
14.	Appointments:
A.	Nominations to fill three vacancies on the Advisory Recreation and Parks Commission.
	Mrs. Evans nominated the three incumbents, Mark Kendrick, Mrs. Henry (Lois) Moses, and Reverend Robert W. (Sandy) Saunders.
B.	Nominations to fill one vacancy on the Fayetteville Human Services Commission.
	Mr. Dawkins nominated Elesa W. Brown.
	Mayor Hurley stated these nominations would be considered for appointment at the next meeting.
15.	Delegations or individuals wishing to address Council:
	Council recognized Mr. Clinton Harris, a local citizen, who stated that he had attended a Friends of the Handicapped breakfast where funding for the Friends of the Handicapped was discussed.  Mr. Harris also asked why was such a citizen shot and killed recently.  He stated that it was the fault of the Police Department.
	Mr. McBryde and others replied that there was no truth to the statement.
16.	Administrative Reports:
A.	Statement of tax collections for month of September 1985.  The City Manager stated that receipt of this statement should be noted in the minutes of this meeting.
B.	On an additional matter, the City Manager stated that concerning turkey shoots under current City ordinance, the discharge of a firearm is prohibited in the City limits.  We have recently annexed an area where the Massey Hill Lions Club holds its annual turkey shoot.  I received a call asking if an exception could be made or a permit issued.  This cannot be done without an ordinance amendment.  I have discussed this with the Chief of Police who feels that so long as a permit is requested and certain restrictions are enforced that these events could be permitted in certain areas without any problems.  I am bringing this to your attention to ask if you wish us to draft such an amendment for your consideration.  Following brief discussion, it was agreed that the City Manager would draft an amendment for City Council to consider.
17.	Matters of Interest to Council:
	Mr. Jones stated that he had received complaints on the raising of manholes and valve boxes in streets which are to be paved or repaved.  The City Engineer was requested to check this.
	Mr. McBryde called a meeting of the Buildings and Property Committee for 8:30 p.m., October 15 at the Kyle House on Park Street and the Prince Charles Hotel.
	Mr. Dawkins extended thanks to everyone for attending the meeting this evening.
	Mrs. Evans expressed the opinion that the Council should pursue UDAG grants on the Hotel.
	Mr. Wofford commented on last Thursday's storm and stated that the major damage was done to mobile homes.  He stated that mobile homes are substandard and unsafe and should be banned from the City.
	Mayor Hurley read a letter of resignation from the Mayor's Administrative Aide, Mrs. Julia Warner, said resignation to be effective November 1, 1985.
	There were expressions of regret from the Councilmembers.
	Mayor Hurley reminded Council to not forget the festivities on the Commons tomorrow and also tomorrow at 4:00 p.m. the Chamber of Commerce annual conference at the Kyle House.
	Mayor Hurley also reminded members of the FACT meeting to be held October 24 at 4:00 p.m. at Hay Street Methodist Church.
	Mayor Hurley then extended thanks to the Police Officers in attendance the meeting this evening.
	Mayor Hurley then adjourned the meeting at 11:00 p.m. upon motion made and duly seconded.
REGULAR MEETING
MONDAY, OCTOBER 21, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, OCTOBER 21, 1985
	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 the Reverend Glen R. Holt, First Baptist Church, Anderson and Old Streets.  Following the Invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley recognized Fayetteville Youth Council Member Landon Hadley.
	Mayor Hurley then recognized Mr. George Crumbley, Chairman of the Employee Suggestion Committee.  Mr. Crumbley stated that the suggestion on the “glider kit” submitted by Mr. John D. Ray, Sr., Superintendent Fleet Maintenance Sanitation Department was selected as the winner this year.  Mr. Crumbley stated the estimated initial cost would save the City about $30,000 by using an old engine, transmission, and rear axles under the glider kit.  Mayor Hurley then recognized Mr. Ray and presented him with a certificate and $100 check for his suggestion and stated that the glider kit assembly would save the City thousands of dollars.  Mr. Ray was then accorded a vigorous round of applause from the audience.
	Mayor Hurley stated the City Attorney had requested an executive session for litigation only 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. Dawkins and carried unanimously.
	The consent items appear below.
A.	Approval of minutes of Special Meeting of September 30, 1985.
B.	Approval of minutes of Regular Meeting of October 7, 1985.
C.	Set Joint Public Hearing between Fayetteville Historic Properties Commission and the Fayetteville City Council for November 4, 1985, to consider the designation of four sites as historic properties.
D.	Set Public Hearing for November 18, 1985, to consider the rezoning from R5 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 324 “B" Street. (PB#P85-130)
E.	Award of contract for one cab and chassis for a 10 yard Rear Loader Packer Body to North State Ford, the low bidder.
F.	Award of contract for one cab and chassis for a 20 yard Rear Loader Packer Body to Triple T Parts and Equipment Company, the low bidder.
G.	Award of contract for purchase of 71 padmount and 75 overhead distribution transformers to the low bidders. (PWC)
H.	Set Public Hearing for November 4, 1985, to determine the number of certificates of public convenience and necessity for taxicabs in the City.
2.	Public Hearings:
A.	Consideration of the rezoning from R10 Residential District to C(1)P Shopping Center District or to a more restrictive zoning classification for an area located on the west side of McPherson Church road, south of Morganton Road. (PB#P85-121).  Planning Board recommended approval.
	Planner Al Mitchell presented this matter and displayed projections and provided explanation for Council.  He stated that this was the rezoning of 40 feet of a 50-foot buffer zone from R10 to C(1)P at the request of Tri-Player Investments.
	Attorney Stacy Weaver was recognized representing Tri-Player Investments, the petitioners and offered comments concerning their petition.
	Following this Attorney Larry McGlothlin, a resident of Westwood, and approximately 75 persons stood in opposition to the request.  Mr. McGlothlin presented a petition in opposition.  He requested disapproval of the request and offered lengthy comments.
	Council also recognized Mr. Ron Mariello, Mr. Culbert Dilday, and Mrs. June Lancaster, all residents of Westwood in opposition to the rezoning.
	The City Clerk informed Council that a valid protest petition had been submitted by the opponents.
	Attorney Weaver was recognized in rebuttal and offered further remarks.
	Following this Mayor Hurley stated that the public hearing is ended.
	In response to requests regarding the protest petition, the City Attorney stated that the protest petition required a three-fourths vote of the City Council to enact a change or amendment or six out of seven members of the Council.
	Following some discussion, Mr. Wofford offered comments on a compromise of 25 feet of the buffer zone.
	Following some further discussion, Mr. Wofford offered motion to approve the rezoning to C(1)P for 25 feet of the buffer zone on the shopping center side only, seconded by Mrs. Evans.
	There was then extensive discussion of the matter.
	Mayor Hurley then declared a five-minute break for the attorneys for each side to confer with each other.
	Mayor Hurley reconvened the Council into regular session and recognized Attorney McGlothlin.  He stated they have resolved the matter.  They have agreed to 25 feet on the shopping center side being rezoned C(1)P and the south side remaining R10 and to restrictive covenants.
	Following brief discussion, Mr. Wofford withdrew his motion and Mrs. Evans withdrew her second.
	Mr. McBryde then moved to delay this matter until the next regular City Council meeting, seconded by Mr. Jones and carried unanimously.
B.	Consideration of amendments to the City of Fayetteville Code of Ordinances, Chapter 7, “Animals and Fowls" by creating Section 7-26 to address “Keeping of Dogs" and Chapter 32 “Zoning", Section 32-28 “C1 Local Business District" by adding Subsection (35.1) “Kennels" and Section 32-5 “Definitions" by adding Subsection (11.1) “Kennel".
	Planner Al Mitchell presented this matter and stated that it had been sent to Planning Board for recommendation.  Planning Board recommended approval and stated changes to the proposed ordinance.
	The City Attorney offered comments and suggested continuance of the matter.
	The City Manager stated that he recommended the Council delay action on this proposed ordinance to allow the Liaison Committee time to consider the matter.
	There was then some discussion of the matter.
	Mayor Hurley stated he would then hear comments now or later.  There were none.
	The City Attorney suggested tabling the matter and readvertising it when the decision from the Liaison Committee is received.
	Following brief discussion, Mrs. Evans offered motion to table the matter, seconded by Mr. Jones.
	Mr. George Hartman was recognized with comments.  A Mr. Parham was also recognized with a question.
	Following this, Mayor Hurley called for a vote on the motion and it carried unanimously.
C.	Consideration of amendments to Chapter 22 of the Fayetteville City Code “Personnel".  Adoption was recommended.
	Mayor Hurley called for those in favor and there were none.
	Mayor Hurley recognized Mr. Charles Smith, 1413 Marlborough Road, Chairman of the Civil Service Commission, in opposition to abolishing the Civil Service Commission.
	Mayor Hurley also recognized Mr. Bryan Bizzel, 2709 Colgate Drive, in opposition to giving power to one person in the City.
	Mr. Richard Griffin, Cambridge Arms Apartments, was recognized and stated the City needs some form of commission to represent employees.  He suggested the Council appoint an employee grievance commission.  Mr. Paul Lewis, 3400 Cranbrook Drive, was recognized in opposition to abolition of the Civil Service Commission.  Mr. Charles House, a former City employee, was recognized in opposition to abolition of the Civil Service Commission.  Mr. Richard Young, 439 C Tradewinds Drive, was also recognized and suggested the appointment of an arbitrator and other changes to the ordinance.
	There was then some discussion of the matter by City Council.
	Councilman Jones stated he was of the opinion to keep the Civil Service Commission.
	Mr. Wofford asked questions concerning the ordinance and recommended several changes.
	Mrs. Evans stated that the City Council has checks and balances and that the ordinance is fair.
	Mr. McBryde asked questions concerning minority representation on the Commission and stated that this should be provided in the ordinance.
	Following some lengthy discussion, Mr. McBryde offered motion for adoption of the ordinance as presented and amended tonight, seconded by Mr. Dawkins.
	Mayor Hurley then called for a vote on the motion to adopt the ordinance and it carried.  Councilmembers Jones and Felton voting against.
	AN ORDINANCE AMENDING CHAPTER 22, “PERSONNEL", OF THE FAYETTEVILLE CITY CODE OF ORDINANCES.  ORDINANCE NO. S1985-11.
3.	Planning Board Matters:
	The Mayor then stated they would move on to Item 3 B due to the number of persons interested in that item first.
B.	Case No. 85-121.  The consideration of Taylor's Mobile Home Park in an R6 Residential District for preliminary and final mobile home park plan review for an area located on the south side of Sherman Drive, east of Ramsey Street. (Fayetteville Ordinance)
	Councilman Jones requested permission to abstain from voting on this matter due to a personal interest.
	Mr. McBryde offered motion to allow Mr. Jones to abstain, seconded by Mr. Wofford and carried unanimously.
	Planner Al Mitchell presented this matter and stated the conditional approval items from the memo in the agenda packet.  He stated the Planning Board recommended approval.
	Mayor Hurley stated that he would now hear from the audience.
	Attorney Ervin Baer was recognized for Bobby and Ed Taylor, the developers, and requested approval of the plan.
	Attorney Stacy Weaver was recognized representing the property owners in the area who had filed an objection to this mobile home park.  He requested continuance of this matter to November 4 when rezoning of the area will come before City Council.
	Mr. Harold K. Warren, 501 Sherman Drive, was recognized and stated the property owners are negotiating with the developers for the purchase of this property at the present time.  He requested continuance of this matter to November 4.
	Attorney Baer was again recognized in rebuttal with additional comments.
	Mayor Hurley declared a five-minute recess.
	Mayor Hurley then reconvened Council into regular session and recognized Attorney Baer with additional comments.
	Mr. Bobby Taylor was also recognized and stated Mr. Harold Warren had made a request for purchase of the property today.
	Attorney Weaver was recognized again with comments and requested continuance to November 4.
	Attorney Baer was recognized again with comments and requested approval of the plan.
	The City Attorney offered comments on the requirements of the ordinance.  He reviewed the Planning Board minutes for City Council and suggested that Council act on this matter tonight.
	Attorney Baer was again recognized with comments.
	Councilwoman Evans then offered comments concerning the matter.
	Following this, Mr. Wofford offered motion to approve the plan as recommended by the Planning Board with an effective date of noon, November 1, 1985, with concurrence of the property owners, seconded by Mrs Evans and carried.  Mr. Jones abstaining to vote.
3A.	Mayor Hurley then returned to Planning Board matter 3A.  Report on proposed amendments to Chapter 32 of the Fayetteville City Code “Zoning" which would govern “dish antennas" within the City of Fayetteville.
	Planner Al Mitchell was recognized and presented the draft ordinance.  He stated this is not a public hearing.  He stated following discussion by the Council the matter should go to the Planning Board or Policy Committee for recommendation first.
	There were then questions by Councilman Wofford on the ordinance.
	Following this and some discussion, Mr. Wofford offered motion to refer this matter to the Planning Board for review and return to City Council.  Motion seconded by Mrs. Felton.
	There was then some discussion of the matter.
	Following this discussion, Mayor Hurley called for a vote on the motion and it carried unanimously.
4.	Consideration of amendments to Chapter 14 of the Fayetteville City Code concerning the Clearing of Lots (Second reading).  Adoption was recommended.
	Mr. Wofford then offered motion for adoption of the ordinances on second reading, seconded by Mr. McBryde and carried, Mr. Jones voting no.
	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, AMENDING CHAPTER 14, “GARBAGE, TRASH AND WEEDS".  ORDINANCE NO. S1985-12.
	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, AMENDING CHAPTER 14, “GARBAGE, TRASH AND WEEDS" TO CREATE A NEW SECTION 14-10.1(A)(8).  ORDINANCE NO. S1985-13.
5.	Consideration of bid for railroad crossing materials to be used in connection with Ray Avenue Extension.  Award to Goodyear Tire and Rubber Company was recommended.
	The City Engineer referred Council to the memo in the agenda packet concerning this matter.
	Following some discussion, Mr. Wofford offered motion to approve the award as recommended, seconded by Mr. McBryde and carried unanimously.
6.	Consideration of approval of airport terminal expansion contract.  Approval was recommended.
	Council referred to the information in the agenda packet concerning this matter.  Airport Manager Tom Ray was present to answer questions, however, there were none.
	Following brief discussion, Mr. Wofford offered motion to approve the expansion contracts and Capital Project Ordinance No. 6-3, seconded by Mr. McBryde and carried unanimously.
7.	Consideration of acceptance for easement purposes of Dick Street right-of-way extension from Pond Street to the southwest corner of Lot 21, Property of Cape Fear Mfg., Plat Book 12, Page 22.  Adoption of the resolution was recommended.
	The City Engineer referred to his memo in the agenda packet in explanation of this request.
	Following brief discussion, Mr. Jones offered motion to adopt the resolution of approval, seconded by Mr. Dawkins and carried unanimously.
	RESOLUTION AUTHORIZING THE ACCEPTANCE FOR EASEMENT PURPOSES OF A PORTION OF DICK STREET EXTENSION.  RESOLUTION NO. R1985-101.
8.	Consideration of Demolition Ordinances for structures located at 216, 217, 218, 219, 221, and 223 Butler Street.  Adoption of the ordinances was recommended.
	Mr. McBryde offered motion for adoption of the ordinances as recommended, seconded by Mrs. Felton and carried unanimously.
	AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA REQUIRING THE CITY BUILDINGS INSPECTOR TO DEMOLISH AND REMOVE A STRUCTURE AT 216 BUTLER STREET.  ORDINANCE NO. NS1985-32.
	AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA REQUIRING THE CITY BUILDINGS INSPECTOR TO DEMOLISH AND REMOVE A STRUCTURE AT 217 BUTLER STREET.  ORDINANCE NO. NS1985-33.
	AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA REQUIRING THE CITY BUILDINGS INSPECTOR TO DEMOLISH AND REMOVE A STRUCTURE AT 218 BUTLER STREET.  ORDINANCE NO. NS1985-34.
	AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA REQUIRING THE CITY BUILDINGS INSPECTOR TO DEMOLISH AND REMOVE A STRUCTURE AT 219 BUTLER STREET.  ORDINANCE NO. NS1985-35.
	AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA REQUIRING THE CITY BUILDINGS INSPECTOR TO DEMOLISH AND REMOVE A STRUCTURE AT 221 BUTLER STREET.  ORDINANCE NO. NS1985-36.
	AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA REQUIRING THE CITY BUILDINGS INSPECTOR TO DEMOLISH AND REMOVE A STRUCTURE AT 223 BUTLER STREET.  ORDINANCE NO. NS1985-37.
9.	Consideration of revisions to contract between City of Fayetteville and Ed Turberg for Historic District Study.  Approval was recommended.
	City Manager Smith stated the City Council had approved on June 24, 1985 a contract with Ed Turberg to conduct the research for the delineating a historic district in the downtown.  Due to some confusion about requirements for Mr. Turberg's insurance, the contract was not executed and the project has thus been delayed.
	Mr. Turberg has obtained the required insurance, and we request your approval of the new contract schedule shown in Contract Item 3 - Completion by January 15, 1986.
	Mrs. Evans offered motion for approval of the contract revisions as recommended, seconded by Mrs. Felton and carried unanimously.
10.	Report from Buildings and Properties Committee on Park Street.
	Councilman McBryde, Chairman of the Committee, called on Jack Wilson, Director of Parks and Recreation, who displayed a map proposing the improvements on this street.  He stated that last May we met with the property owners adjacent to Park Street and presented to them a landscape design for the Park Street median.  Following appropriate discussion, those present agreed unanimously with the design and expressed enthusiastic support for its implementation.
	Chairman McBryde stated that everyone is satisfied with the plan which is to cost the City between $1,500 and $2,000, which is budgeted.
	The Councilmembers agreed with the plan and commended Mr. McBryde and Mr. Wilson for their efforts.
11.	Appointments:
A.	Election of Mark Kendrick, Mrs. Lois Moses and Rev. Sandy Saunders to the Advisory Recreation and Parks Commission.
	Mr. Dawkins offered motion to appoint the three foregoing incumbents to additional three-year terms of office to run to October, 1988, seconded by Mrs. Evans and carried unanimously.
B.	Election of Elesa W. Brown to the Human Services Commission.
	Mr. McBryde offered motion to appoint Mrs. Brown to replace Claudia Simpson, resigned, to serve the remaining term of office running to March, 1986, seconded by Mr. Jones and carried unanimously.
C.	Nominations to fill one vacancy on the Fayetteville Historic Properties Commission due to the resignation of Reverend Robert L. Ladehoff, who is leaving the City.
	There were no nominations presented for this vacancy.
	Mr. Wofford suggested to the Mayor and Council that Mr. and Mrs. Ladehoff be invited to be in attendance at the next meeting of the Council for recognition for their services to the City.  Council was in agreement with Mr. Wofford's suggestion, and Mayor Hurley stated that he would take care of the matter.
	Task force for chemical accident contingency planning.
	The City Manager presented this matter and stated the County Commissioners have asked the City to let them know who should be the City representative on this task force.  Due to the nature of the task force, I would suggest that the City Manager be the City's representative.
	Mr. Dawkins offered motion to appoint City Manager John Smith to be the representative, seconded by Mrs. Evans and carried unanimously.
12.	Delegations or individuals wishing to address Council:
	There were none.
13.	Administrative Reports:
A.	Report on erection of an overhead pedestrian crossing sign across Person Street.
	The City Engineer reported on this and stated that at a recent Council meeting inquiry was made as to the possibility of erecting an overhead pedestrian crossing sign at the Archway crossing.  This can be done for a labor cost of about $1,000.  PWC has two metal poles which can be used; and, they have agreed to contribute these poles.  The $1,000 in labor is for erection of the 
poles and painting the span wire and fabrication and erection of the sign.  We recommend proceeding with the project he concluded.
	Following brief discussion, Mr. Jones offered motion to approve the foregoing up to $1,000 for labor, seconded by Mrs. Felton and carried unanimously.
14.	Matters of Interest to Council:
A.	Consideration of request from Mayor Hurley for additional staff position.
	Mayor Hurley requested City Council consider the approval of the additional staff position in his office.  He stated he would recommend simply authorizing a Clerk/Typist position, Pay Grade 2, salary $9,264 and rewriting the job description of the Administrative Aide to exclude secretarial duties and include public information duties.
	There was then some discussion of the matter.
	Mrs. Evans suggested referring the matter to the Personnel Director.
	Following some further discussion, Mr. McBryde offered motion to approve the position at a pay level to be determined by the City Manager and the Personnel Director, seconded by Mr. Jones and carried unanimously.
	Mr. Wofford stated that he had received a complaint from a citizen about water bills in the College Lakes area not going down since annexation to the City.  He requested that a check be made on this.
	Mrs. Evans requested from Planner Al Mitchell a report regarding the special zoning on mobile home parks.
	Mr. Jones requested that we not have an executive session tonight due to the lateness of the hour, however, the City Attorney replied that it is necessary.
	Mayor Hurley then extended thanks to the Police Officers for being present at the meeting this evening and recognized Chief of Police Ronald E. Hansen and Jason Brady with the Fayetteville Observer, who had been absent for some period of time.
	Mayor Hurley then stated he would entertain a motion for an executive session.
	Mrs. Evans then moved that Council enter into executive session to consider a litigation matter only at 11:05 p.m., seconded by Mr. Dawkins and carried unanimously.
	Mayor Hurley then reconvened Council into regular session at 11:15 p.m. and recognized City Attorney Cogswell.
	City Attorney Cogswell stated that in the case of Raul Rodriguez vs. the City of Fayetteville authorize George C. Miller to represent Roger T. Holman.
	Mr. McBryde offered motion to approve the foregoing recommendation of the City Attorney, seconded by Mr. Dawkins and carried unanimously.
	Thereafter all matters of business having been completed, Mayor Hurley adjourned this regular session at 11:20 p.m. upon motion made and duly seconded.
REGULAR MEETING
MONDAY, NOVEMBER 4, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, NOVEMBER 4, 1985
	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.  Mr. H. M. (Mac) Stroup, Jr., Chaplain, Fayetteville Independent Light Infantry offered the invocation.  Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley stated the City Manager had requested an executive session pertaining to lease of property after the public hearings.
	Mr. McBryde requested permission to abstain from voting on Agenda Items 10 and 12.  Permission was granted.
1.	Consent:
    Mr. McBryde pulled Item B and Mrs. Evans pulled Item C.
    Mr. McBryde then moved for approval of Item A, seconded by Mr. Dawkins and carried unanimously.
A.	Approval of the minutes of regular meeting of October 21, 1985.
B.	Approval of the rezoning from R10 Residential District to R6 Residential District for an area located at 2004 Morganton Road.
	Planner Al Mitchell presented this matter and stated that one or more property owners in the area had not been notified by letter.  He suggested that the matter go back before Planning Board.  Mrs. G. W. Smith, Morganton Road, was one of those who did not receive a notice.
	Mr. Dawkins moved that this matter go back to Planning Board and that all persons be notified by letter, seconded by Mr. McBryde and carried Mr. Jones voting no.
C.	Authorization to advertise the following offers to purchase and/or lease property at the Fayetteville Municipal Airport consistent with Resolution #R1985-98, September 23, 1985:
	1.	Lease Agreement between City of Fayetteville and Fayetteville Air Cargo Facilities, Inc.
	2.	Option to lease real estate between City of Fayetteville, Fayetteville Air Cargo Facilities, Inc., and Hill-Beason, Ltd.
	3.	Option to purchase between City of Fayetteville and Hill-Beason, Ltd.
	4.	Lease from Fayetteville Air Cargo Facilities, Inc., to Hill-Beason, Ltd.
	The City Attorney was recognized on this matter and stated that the only change would be in the 25-year provision.  He stated this is only an authorization to advertise.
	Mr. Wofford offered motion to approve Item 1C as recommended by the City Attorney, seconded by Mrs. Evans and carried unanimously.
2.	Public Hearings:
A.	Consideration of the rezoning from R6 Residential District to R10 Residential District or to a more restrictive zoning classification than 
presently zoned for an area located on the south side of Sherman Drive, east of Ramsey Street.  Planning Board voted 4 to 5 approving the request.
	Mr. Jones requested and received permission to abstain from voting.
	Planner Al Mitchell presented this matter and stated the Planning Board recommended approval.
	Mrs. Sandy Simpler, representing Edgewood group, was recognized and requested permission to withdraw their request for rezoning.
	Attorney Ervin Baer was recognized.  He assured City Council and the residents that Ed and Bobby Taylor will do all that is necessary to do the right thing in this matter.
	Mr. Wofford then offered motion to deny the rezoning, seconded by Mr. Dawkins and carried, Mr. Jones abstaining.
	Consideration of number of certificates for public convenience and necessity to be issued in the City of Fayetteville from January 1, 1986 until December 31, 1986.
	The City Attorney presented this matter and stated that the Taxi Inspector recommended 110 certificates be approved.
	There were neither proponents nor opponents present.
	Mrs. Evans offered motion to approve 110 certificates as recommended, seconded by Mr. Dawkins and carried unanimously.
C.	Joint public hearing between Fayetteville Historic Properties Commission and the Fayetteville City Council to consider the designation of four sites as historic properties.  The recommendation was to continue this public hearing until additional information is provided.
	The City Attorney presented this matter and recommended continuance.  There were neither proponents nor opponents present.
	Mr. McBryde moved, seconded by Mr. Dawkins, and carried unanimously to continue this public hearing to the next meeting and again if necessary.
	Mr. McBryde then moved for an executive session at 7:25 p.m. to consider a land lease matter only, seconded by Mr. Dawkins and carried unanimously.
	Mayor Hurley reconvened the Council into regular session at 7:40 p.m.
3.	Public Works Commission Matters:
A.	Consideration of approval of Supplemental Agreement between Public Works Commission, City of Fayetteville, Rand Construction and Fidelity and Deposit Company of Maryland for construction of Rockfish sanitary sewer interceptors.  Approval was recommended.   PWC Manager Tim Wood presented this matter and stated all parties were in agreement.
	Mr. Wofford moved to approve the foregoing as recommended, seconded by Mr. Dawkins and carried unanimously.
B.	Consideration of award of contract for purchase of 400 100-Watt High Pressure Sodium Luminaries to Westinghouse Electric Supply Company.
	PWC Manager Tim Wood presented this matter and requested approval.
	Mrs. Evans offered motion to award the contract as recommended, seconded by Mr. Jones and carried unanimously.
C.	Consideration of award of contract for purchase of one 12-Cubic Yard Tandem Dump Truck to LaFayette Motor Company. (LaFayette Ford was the only bidder on a re-bid)
	PWC Manager Tim Wood presented this matter and requested approval.
	Mr. McBryde moved for approval as recommended, seconded by Mrs. Felton and carried unanimously.
4.	Mayor Hurley informed Council that the attorneys are still conferring on this matter.
5.	Mayor Hurley stated that they would come back to this item at a later time.
6.	Consideration of setting Public Hearing to amend the Central Business District Redevelopment Plan.  It was recommended to set a hearing for a special meeting on this matter.
7.	Consideration of setting Public Hearing to consider amendments to the Downtown Redevelopment Loan Program.  It was recommended to set hearing for Public Hearing on this matter also.
	The City Manager presented both these items and recommended December 2 for Item 6 and November 25 for Item 7.
	Mr. Wofford offered motion, seconded by Mrs. Evans and carried unanimously that Number 6 be set for December 2.
	Mr. Wofford also moved, seconded by Mrs. Evans and carried unanimously that Number 7 be set for Public Hearing for November 25.
8.	Consideration of the following action regarding the Municipal Market Project:
A.	Approval of the application for allocation for Private Activity Bond for Crescent Development Corporation for “LaFayette Square".
	Mr. Richard Herrera of Community Development was recognized and presented this first matter and requested Council adopt the Resolution of Approval.
	Mrs. Evans then offered motion, seconded by Mr. Jones and carried unanimously to approve the foregoing as recommended by adoption of the Resolution.
	RESOLUTION OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA APPROVING THE APPLICATION FOR ALLOCATION FOR PRIVATE ACTIVITY BONDS IN THE AMOUNT OF $1,500,000. RESOLUTION #R1985-102.
B.	Consideration of extension of contract with Fayetteville Progress, Inc.
	Approval was recommended.
	The City Manager presented this matter and offered comments.
	The City Council then recognized Mr. John Monaghan, Jr., of Fayetteville Progress who offered comments from his letter in the agenda packet.
	Mr. McBryde and Mr. Wofford suggested waiting on this matter.
	Mrs. Evans suggested giving a four-month extension.
	There was some discussion of the matter.
	Mrs. Evans then offered motion to extend the contract for Fayetteville Progress for four months, seconded by Mayor Hurley.
	There was some discussion of the matter.
	Council recognized Mr. Horace Thompson with comments.
	Mr. Wofford offered substitute motion to delay action on the extension of the contract with Fayetteville Progress until a complete report is returned, seconded by Mr. Jones.
	Mayor Hurley then called for a vote on the motion and it was as follows:  the motion, Councilmembers Wofford, Dawkins, McBryde, Jones and Felton.  Against the motion, Mayor Hurley and Mrs. Evans.  Mayor Hurley declared the substitute motion carried.
	Returning to Item 4.
4.	Consideration of the rezoning from R10 Residential District to C(1)P Shopping Center District or to a more restrictive zoning classification for an area located on the west side of McPherson Church Road, south of Morganton Road (PB #P85-121) (Item continued from October 21, 1985 meeting).
	Mayor Hurley recognized attorneys Larry McGlothlin and Stacey Weaver who agreed that they do not oppose the rezoning of the northern 25-foot portion only of the buffer strip to C(1)P.
	Following brief discussion, Mr. Wofford offered motion to rezone the 25-foot strip on the northern portion only to C(1)P, seconded by Mr. McBryde and carried unanimously.
5.	Report from Buildings and Properties Committee on the Prince Charles Hotel.
	The City Manager presented this matter and stated that five written proposals had been received.  Mr. D. R. Allen had submitted a plan for the development of the hotel and the purchase of a tract of land adjacent to it and to retain the UDAG grant, and also to bond financing.  Also, Mr. Wayne Anderson had submitted a proposal to develop an apartment complex and retain the UDAG grant.  Also, Mr. Owen Kugle had submitted a plan for the outright purchase of the property for development.  Also, M. Hurst had submitted a plan for development of a luxury hotel and retain the UDAG grant.  Also, Three Flags Center had submitted a plan to utilize the hotel similar to the original and the UDAG grant approval and bonds.  The City Manager recommended holding onto the UDAG grant.
	There was some discussion of the matter.
	Council then recognized Mr. D. R. Allen on his plan for the development of the hotel and he displayed the proposed hotel arcade and shopping center posters.  He also stated Mr. Jack Barnes would be the co-developer.  He offered additional comments.
	There was some further lengthy discussion of the matter.
	Mayor Hurley thanked Mr. Allen for his presentation.
	Mayor Hurley then recognized Mr. Bob Ray for Mr. John Schwarz for their proposal relative to the development of the hotel.  Mr. Ray requested Council to take action on this matter tonight.
	Mayor Hurley recognized Mr. Schwarz with comments on the development of the hotel.
	Mr. Bob Ray was recognized again with comments.  Mr. John Schwarz was recognized again with comments.  Mr. Bobby Allen was recognized again with comments.
	Mr. M. J. Weeks of Fayetteville Progress was recognized with comments on the project.
	There was some further lengthy discussion of the matter.
	Following this, Mrs. Evans offered motion to continue this meeting to Wednesday night, November 6, seconded by Mrs. Felton.   The City Manager requested that Mrs. Evans hold the foregoing motion until the end of the meeting and this was satisfactory.
	Mayor Hurley then declared a five-minute break.
	Mayor Hurley reconvened the meeting and considered Item 9 on the agenda.
9.	Consideration of the following action regarding Barges Tavern:
A.	Consideration of award of contract for design and construction supervision for Barges Tavern restoration to William L. Laslett.  It was recommended to award the contract.
B.	Consideration of Lease Agreement between City of Fayetteville and Cumberland County for occupancy of Barges Tavern as the Fayetteville Area Visitors Bureau.  Approval was recommended.
C.	Consideration of Capital Project Ordinance Amendment Change 86-6 regarding Barges Tavern.  Adoption was recommended.
	The City Manager presented this matter and stated that the Cumberland County Hotel/Motel Occupancy Tax Committee has voted to lease the restored 
Barges Tavern from the City to operate it as the Fayetteville Area Visitors Bureau.  The City Manager offered additional comments from his memo in the agenda packet.
	Following these comments, Mrs. Evans offered motion to approve the foregoing Items A, B, and C as recommended.  Motion seconded by Mayor Hurley.
	There was some discussion of the matter.
	Mayor Hurley recognized Mr. Bill Laslett who offered comments concerning the matter.
	There was some further discussion.
	Mayor Hurley recognized Assistant City Manager Suzan Cheek with comments on the lease price per square foot of the building.
	Following some further discussion, Mayor Hurley called for a vote on the motion and it carried unanimously.
10.	Presentation of Downtown Parking Study (100 and 300 Blocks of Hay Street) and comment by Revitalization Commission.
	The City Engineer presented this matter, displayed projections, and spoke from his report and gave statistic, and cost to the Council.
	Mayor Hurley recognized Mr. Horace Thompson who thanked the City Engineer and his department for their assistance in this matter and offered comments on the lease or purchase of the Belk lot for parking and pedestrian linkage.
	There was then some lengthy discussion on the matter.
	Mayor Hurley also recognized Mr. John Rose with comments.  Mr. Bernard Stein was also recognized with comments.
	Council took no action on this matter.
11.	Consideration of renewal of Lease with Bragg Civilian Federal Credit Union.  Approval was recommended.  Assistant City Manager Robert Stancil presented this matter and recommended approval.
	Following brief discussion Mr. Wofford offered motion, seconded by Mr. Dawkins and carried unanimously to renew the foregoing lease for $1,500, annually.
12.	Consideration of amendment to Paul Lu contract for design of public improvements to 400 and 500 Blocks of Hay Street and 100 Block of Person Street.
	The City Manager presented this matter and stated the City has $104,000 in downtown improvements in the 100 Block of Person Street and 400 and the 500 block with proposed private projects on the drawing board in the 400 block, it is also important that the treatment of the public right-of-way be addressed in that block.  I therefore recommend that $20,000 be appropriated from the Person Street and Hay Street project and the proposed amendment to the Paul Lu contract be approved.
	Following some discussion, Mrs. Evans offered motion to follow the recommendation of the City Manager and amend the contract.  Motion seconded by Mrs Felton and carried.  Mr. Jones voting no and Mr. McBryde abstaining to vote.
13.	City/County Liaison Committee recommendation concerning City/County jointly owned property.  Approval was recommended.
	The City Manager presented this matter and offered comments on the Memorandum of Understanding with the County on the procedural policy for the disposal of jointly owned land.
	Following some discussion, Mr. Wofford offered motion for approval of the foregoing as recommended, seconded by Mr. Dawkins and carried unanimously.
14.	Consideration of adoption of resolution for the sale of the following City/County jointly owned property:
	A.	132 Chance Street and rear lot.
	B.	Lot 218 Tokay Heights, Section II, Glenola Street.
	C.	Vacant lot on Turnpike Road.
	D.	Strip of right-of-way on Gardner Street.  Adoption of the resolutions was recommended.
	The City Engineer presented this matter and offered comments from his memo in the agenda packet.
	Following this, Mrs. Evans offered motion to adopt the resolutions as recommended, seconded by Mrs. Felton and carried unanimously.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY - 132 CHANCE STREET. R1985-103.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY - 218 TOKAY HEIGHTS. R1985-104.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY - VACANT LOT ON TURNPIKE ROAD. R1985-105.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY - GARDNER AVENUE. R1985-106.
15.	Consideration of a request from Cumberland County School Board for restricted parking:
	A.	Abutting Teresa C. Berrien Elementary School on McArthur Street.
	B.	Abutting Van Story Hills Elementary School on Foxhall Road.  Approval of revisions to the traffic schedules was recommended.  The City Engineer presented this matter and stated that he had received requests from the School Board for this action.
	Following brief discussion, Mr. McBryde offered motion to adopt the ordinance, seconded by Mr. Dawkins and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 20, “MOTOR VEHICLES AND TRAFFIC", OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES - FOXHALL ROAD AND McARTHUR STREET, ORDINANCE NO. NS1985-38
16.	Consideration of bids for paving FAST garage parking lot.
	The City Engineer presented this matter and stated that the bids were received today and Crowell Constructor was the low bidder for $119,507.85 and was recommended.
	Mr. Wofford offered motion to award contract to Crowell Constructors, Inc. as recommended, seconded by Mr. Jones and carried unanimously.
17.	Consideration of amendment to Section 14-10.1 of the Fayetteville City Code regarding the abatement of health and safety nuisances (Policy Committee recommendation).
	The City Attorney presented this matter and offered comments from his memo in the agenda packet.
	Mr. McBryde offered motion to adopt the ordinance, seconded by Mr. Wofford. 
	There was some discussion.
	Mayor Hurley then called for a vote on the motion and it carried unanimously.
	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 14-10.1 AND CREATING A NEW CHAPTER 15. ORDINANCE NO. S1985-14.
18.	Appointments:
A.	Nominations to fill one vacancy on the Human Services Commission.  There were no nominations presented.
B.	Nominations to fill one vacancy on the Fayetteville Historic Properties Commission.
	There were no nominations presented.
	Mayor Hurley stated these two items would be reconsidered at the next meeting.
19.	Delegations or individuals wishing to address Council:
	There were none.
20.	Administrative Reports:
A.	Report on Neighborhood meeting with Murray Hill Road residents.
	The City Engineer presented this matter and commented from his memo in the agenda packet (a copy of this memo is on file with the original of these minutes).
	Following brief discussion of the matter, Mr. Wofford offered motion to approve the Engineer's recommendation and adopt the ordinance, and that it be considered on a trial basis for 90 days, seconded by Mrs. Evans and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 20, “MOTOR VEHICLES AND TRAFFIC", OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, ORDINANCE NO. NS1985-39.
	The City Manager reminded Council that they should designate an alternate delegate to vote at the upcoming League of Municipality meeting and Mr. Jones was designated the alternate.
	  The City Manager informed Council that a special meeting should be set on the redistricting election plan and said meeting was set for Tuesday, November 12, 7:00 p.m., City Hall Council Chamber.
21.	Matters of Interest to Council:
	Mr. Wofford asked if anybody had checked on the water bill complaints in College Lakes.  The City Manager stated that he had talked with PWC and they will check on this on an individual basis.
	Mr. Wofford asked about the Old Street-Green Street intersection.  He stated that we need to do something.  He suggested assigning a policeman on Fridays at this intersection.
	Mr. Wofford stated that burglar alarms go off and nobody attends to them for long periods of time.  He stated we should have an ordinance governing this.  
	The City Attorney stated that he is working on such an ordinance now.
	Mayor Hurley reported on the meeting with the County Commissioners concerning the animal control ordinance and things did not work out.
	Mrs. Evans suggested that Mayor Hurley appoint a committee and notify the Council.
	The City Engineer reported on the receipt of a petition to provide a penalty against contractors when paving to leave valve boxes and manholes which create a hazard to vehicles.  The City Engineer stated that the City applies white reflectorized paint on these valve boxes and manholes.  He stated the City does theirs but that the NCDOT does not.  He stated the petition does not apply to the City contracts.
	The City Engineer also reported on the Green Street, Old Street intersection and stated that NCDOT had been given 90 days to reply as to their intention regarding the signal and if not, we will change our signals.  He informed Council he will report at a future time regarding the bank's drive-in window under study by Rose and Purcell, Consulting Engineers.
	Mr. Dawkins then offered motion at 11:00 p.m. to continue this meeting to Wednesday, November 6, 1985, 7:00 p.m., Council Chamber.  Motion seconded by Mr. McBryde and carried unanimously.
CONTINUATION OF REGULAR MEETING
WEDNESDAY, NOVEMBER 6, 1985
	FAYETTEVILLE CITY COUNCIL
	CONTINUATION OF REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	WEDNESDAY, NOVEMBER 6, 1985
	7:00 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Mildred Evans, J. L. Dawkins, 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 (unexcused)
	Mayor Hurley reconvened the meeting of November 4 at 7:00 p.m. and offered Invocation.
	Mr. Smith stated that we began with five proposals for the Prince Charles Hotel renovation project and now have narrowed it down to one, that of Mr. John Schwarz.  Mr. Smith stated that the proposal as it stands now is essentially the financing proposal that Mr. Schwarz has proposed to the Committee and to the Council, which involves the marketing of the redevelopment bonds between the end of the calendar year and the negotiation with HUD for amending the UDAG to change developers.  He stated that Council needs to begin the necessary legal process that is required to sell redevelopment bonds by the end of December, 1985.  Mr. Smith further stated that Council would need to adopt resolutions to request the State to allocate and indicate the City's intent to issue redevelopment bonds.  Also, actions in future meetings will be amendment to the Downtown Redevelopment Plan and the public hearing has been set for December 2, 1985.  Federal requirement in issuance of any tax-exempt instruments called a TEFFRA hearing, which will be held prior to the issuance of tax-exempt instruments, must be advertised in a timely manner.  Council will also need to authorize the City Manager to continue negotiations with the developer and UDAG.
	Mr. Bob Ray, on behalf of the Hay Street Group, consisting of Mr. Schwarz, Mr. Barnes, and Mr. Allen, addressed Council and explained the resolutions for application for allocation for private activity bonds.
	In summary, Mr. Smith stated that the execution of the lease document gets the bonds sold.  The bonds would then not be used for any purpose unless specified by Council.  The project would be negotiated out.  Mr. Smith continued that if we get down to a go/no-go decision and the decision on the part of the City is no, then the bonds would be called in out of the escrow and the deal would be off.
	Councilmember Dawkins introduced a resolution indicating intent to approve the issuance of the Urban Redevelopment Revenue Bonds as pertaining to the Fayetteville Associates Development, Ltd. for the Historic Railroad Station Development Project, seconded by Councilmember Wofford 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 MILLION OF URBAN REDEVELOPMENT REVENUE BONDS; AND TAKING OTHER PRELIMINARY ACTIONS. RESOLUTION NO. R1985-107.
	Councilmember Dawkins introduced a resolution of intent to approve the issuance of Urban Redevelopment Revenue Bonds for the Prince Charles Hotel facilities by the Prince Charles Development Ltd., seconded by Councilmember Felton 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 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 MILLION OF URBAN REDEVELOPMENT REVENUE BONDS; AND TAKING OTHER PRELIMINARY ACTIONS. RESOLUTION NO. R1985-108.
	Councilmember Dawkins offered motion, seconded by Councilmember Jones and carried unanimously to authorize the City Manager to set the TEFFRA hearing, to continue negotiations with the developer, and to employ the bond counsel on behalf of the City.
	There being no further business, the meeting was adjourned at 7:30 p.m. Respectfully submitted.
NOTE:	These minutes were approved June 16, 1986.
REGULAR MEETING
MONDAY, NOVEMBER 18, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, NOVEMBER 18, 1985
	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 all of those welcome in the audience.  The invocation was offered by Major Joseph L. Chastain, Commanding Officer, The Salvation Army.   Following this, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mr. Dawkins requested that the prayer be spread upon the minutes of this meeting.
	“Father, in Jesus' name, we give thanks for our City and its government.  We hold up in prayer before You the men and women who are in positions of authority.  We pray and intercede for the Mayor and the City Council, the judges of our land, the policemen, as well as the governors and the President, and for all those who are in authority over us in any way.  We pray that the Spirit of the Lord rests upon them.
	“We believe that skillful and godly wisdom has entered into the heart of our leaders and knowledge is pleasant to them.   Discretion watches over them; understanding keeps them and delivers them from the way of evil and from all evil men.
	“Father, we ask that You compass the Mayor and City Council about with men and women who make their hearts and ears attentive to godly counsel and do that which is right in Your sight.  We believe You cause them to be men and women of integrity who are obedient concerning us that we may lead a quiet and peaceful life in all godliness and honesty.  We pray that the upright shall dwell in our government . . . that men and women blameless and complete in Your sight, Father, shall remain in these positions of authority; but the wicked shall be cut off of our government.  Amen.”
	Mayor Hurley recognized Councilman Jones who extended thanks to the City Council, the Kyle House staff and friends for their expressions of concern for his wife's health.  He also extended thanks for the cards and flowers which were sent.
	Mayor Hurley recognized Alice Thrasher of the Fayetteville Observer.
	Fayetteville Youth Council Members were not present.
	The mayor stated the City Attorney had requested an executive session at the end of this meeting for a litigation matter only.
1.	Consent:
	Mr. Wofford pulled Item A Approval of the minutes of the regular meeting of November 4, 1985.
	Mr. Wofford stated that he did not make his motion clear on the Westwood area property rezoning on November 4.  He offered the following correction:  “Rezone from R10 to C(1)P all that portion of petitioners' property lying north of a line which is 25 feet north of and parallel to the dividing property lines between petitioners and various owners of the Westwood Subdivision."
	Mr. Wofford then offered motion to approve the consent items with the minutes corrected, seconded by Mr. McBryde and carried unanimously.
	The consent items appear below.
A.	Approval of the minutes of the regular meeting of November 4, 1985, as corrected.
B.	Set Public Hearing for January 6, 1986, to consider the rezoning from R5 Residential District to R6 Residential District or to a more restrictive zoning classification than presently for an area located on the east side of Oakridge Avenue, south of Lambert Street.
2.	Public Hearings:
A.	Joint Public Hearing between Fayetteville Historic Properties Commission and the Fayetteville City Council to consider the designation of four sites as historic properties. (Continued from November 4, 1985, meeting.)  It was recommended to continue this Public Hearing until December 2, 1985.
	Mr. McBryde moved for continuance of this matter to December 2, 1985, as recommended, seconded by Mr. Dawkins and carried unanimously.
B.	Consideration of the rezoning from R5 Residential District to C1 Local business District or to a more restrictive zoning classification for an area located at 324 “3" Street.  Planning Board recommended denial.
	Planner Al Mitchell presented this matter, displayed a projection and stated than the Planning Board recommended denial.
	Council recognized Mr. James Anderson, 3703 Tyson Circle, Hope Mills, NC, representing the petitioner, who requested deferment of this matter to May 19, 1986.
	There was no opposition present.
	Mr. Dawkins offered motion to follow the recommendation of the Planning Board and deny the rezoning, seconded by Mrs. Evans.
	The City Attorney was recognized with comments, stating that Attorney Singleton says additional property will be requested to be rezoned in this area.  He suggested referral of this matter back to the Planning Board.
	There was then some discussion and following this, the City Attorney suggested continuance for two weeks, then take action.
	Mr. Jones offered substitute motion to continue this matter until the next regular meeting, seconded by Mrs. Felton.
	Mayor Hurley called for a vote on the substitute motion and it was as follows:  For the Motion: Councilmember Wofford, Mayor Hurley, Councilmembers McBryde, Jones and Felton.  Against the Motion: Councilmembers Dawkins and Evans.
	Mayor Hurley declared the substitute motion carried.
3.	Public Works Commission Matters:
A.	Consideration of bids received October 29, 1985, for purchase of two (2) 4-wheel Diesel Engine Driven Tractor, Backhoe and Loader.
	PWC recommended the low alternate bid by R. W. Moore Equipment Company in tie aunt of $43,102.00.
	PWC Manager Tim Wood was recognized and presented this matter, offered comments and recommended acceptance of the alternate bid.
	Following brief discussion, Mr. Wofford offered motion to award the bid as recommended by PWC, seconded by Mr. Jones and carried unanimously.
4.	Consideration of Resolution of Intent to consider an ordinance amending Chapter III, “Governing Body", and Chapter IV, “Elections", of the Charter of the City of Fayetteville and setting a Public Hearing for December 2, 1985.
	The City Manager presented this matter and quoted from his memo in the agenda packet and stated as you are aware, the General Assembly has scheduled our election for this coming May.  In order to meet the City's obligation, the City must begin the process and have an election plan adopted by the end December.  The process involves, (1) the adoption of a Resolution of Intent to Amend the Charter, (2) a Public Hearing and (3) Adoption of the Ordinance.   Each of the above steps must be taken at a separate meeting.
	Therefore, I recommend adoption of the resolution of intent tonight.  The resolution included in your agenda packet calls for six districts and three at-large seats.  Direct Research is working on revising the districts.  In any case the adoption of a plan will take three meetings, and a plan must be adopted more than 90 days prior to the May 6 election.
	There was then some discussion of this matter.
	The City Attorney offered comments on the proposed ordinance.
	There was then further discussion.
	Following this, Mr. Wofford offered motion to adopt a Resolution and Set the Public Hearing for December 2, 1985, as recommended, seconded by Mr. Dawkins and carried Councilmembers Jones and Felton voting against.
	RESOLUTION OF INTENT TO CONSIDER AN ORDINANCE AMENDING CHAPTER III, “GOVERNING BODY", AND CHAPTER IV, “ELECTIONS", OF THE CHARTER OF THE CITY OF FAYETTEVILLE. RESOLUTION NO. R1985-109.
5.	Consideration of Budget Ordinance Amendment Change 86-2.
	The City Manager requested deferral of this matter to the next meeting and this was agreeable with Council.
6.	Consideration of amendment to Section 20-171 of the Fayetteville City Code to reduce the distance between demonstrators.  Adoption was recommended.
	The City Attorney presented this matter and quoted from his memo in the agenda packet.  A copy of the memo is included with the original of these minutes.
	Council recognized Dr. Phillip Shafer, President of the Fayetteville Right to Life, who requested deletion of Section C from the ordinance and commented on the present and proposed ordinances and offered additional comments from his letter in the agenda packet. (A copy of his letter is on file with the original of these minutes.)
	There were then comments by Councilman Wofford on the three abreast provision of the proposed ordinance.  He suggested leaving the ordinance basically as it is.
	There were then comments by Mr. Dawkins, Mr. Jones, and additional comments by Dr. Shafer.
	Following this, Mr. Jones offered motion to delete Section C from the proposed ordinance, seconded by Mrs. Felton.
	Following some further discussion, Mr. Wofford offered substitute motion to amend Section C to allow a picketer to carry or hold one child up to age 6, seconded by Mr. McBryde.
	There were then additional comments by the City Attorney.
	Mayor Hurley then called for a vote on the substitute motion and it was as follows:  For the Motion: Councilmembers Wofford, McBryde, Evans and Dawkins.  Against the Motion: Mayor Hurley and Councilmembers Jones and Felton.
	There were then additional comments by Dr. Shafer.
	Mayor Hurley declared the substitute motion carried.
	The City Attorney stated that this ordinance would require a second reading at the next regular meeting.
7.	Consideration of Interlocal Agreement with Cumberland County for Human Services Transportation System.  Approval was recommended.
	Assistant City Manager Roger Stancil presented this matter and stated that the proposed Interlocal Agreement developed by Allen O'Neill, Assistant County manager for operations, and me in keeping with the Coordinated Transportation System concept as presented to the Liaison Committee, the City Council, and the County Commissioners.  We proposed to initiate this system on a phased-basis beginning with the Department of Social Services on December 2, 1985.
	As you remember, the plan calls for personnel and vehicles to be transferred from the County to the City.  The City will be responsible for administering the system and billing the County and its agencies for all Costs.  There will be no cost to the City resulting from this system.  A budget ordinance amendment will be prepared for the next Council meeting reflect off-setting increases in revenues and expenditures.  This agreement is being recommended to the County Commissioners Monday night also.  We recommend that both governing bodies approve this agreement.
	Mr. Dawkins then offered motion for approval of the agreement as recommended, seconded by Mr. McBryde and carried unanimously.
8.	Appointments:
A.	Nominations to fill one vacancy on the Human Services Commission.
	Mayor Hurley nominated the Reverend John L. Godbolt to complete the term of Thomas E. Snell, resigned.
B.	Nominations to fill one vacancy on the Fayetteville Historic Properties Commission.
	There were no nominations submitted and this was carried over to the next meeting.
C.	Nominations to fill four (one alternate) openings on the Personnel Review Board.
	Mrs. Evans nominated Mr. B. T. McNeill.  Mr. McBryde nominated Mr. Leon Lancaster.  Mr. Dawkins nominated Mr. Bob Cellner as the alternate member.  Mrs. Evans nominated Mrs. John (Rita) Mitchell.
	Mayor Hurley stated these would be considered at the next meeting.
9.	Delegations or individuals wishing to address Council.
	Council recognized Mr. Howard Rudner with a question concerning the Resolution of Intent and the proposed ordinance on elections and there was a brief discussion concerning this.  Mr. Rudner asked an additional question as to whether or not the method of election could be changed prior to the final adoption and he was informed that it could be.
10.	Administrative Reports:
A.	Statement of tax collection for the month of October, 1985.
	The City Manager stated that this report was submitted at this time so that record if its receipt would be noted in the minutes of this meeting.
	The City Manager also reminded Council of the information meeting scheduled for next Monday night, November 25, on the Downtown Loan Program.
	The City Manager also stated that the normal December information meeting would be on December 23, 1985.  He stated that this concerned a request regarding the Economic Development Group.  He suggested that Council consider the information meeting be on December 9.  Since it was determined that a number of Councilmembers would be out of town on that date, the City Manager was requested to consider an alternate date and inform the City Council of such date.
11.	Matters of Interest to Council.
	Mr. Wofford stated that a lot of good information had come from the Raleigh League meeting.  He suggested that City Council should set systems for hearing complaints.  He suggested that the staff compile a complaint guide and a referral guide.  He suggested that the referral guide be placed in the PWC bill or that the City Sanitation Department deliver it so City Council would not have to consider such complaints.
	Mrs. Evans stated that she disagrees with segment meetings of the City Council and stated she was of the opinion that this was against the Sunshine Law.
	Mr. Dawkins commented on the recent death of Mr. J. Wilbur Breece, longtime resident of the City.  He commented on Mr. Breece's many attributes and of his numerous contributions to the community especially those regarding education grants at Methodist College.
	Mr. Jones offered comments concerning the traffic signal guard protecting the control box at Old and Green Streets.  He stated it is a disgrace.  He suggested that it needed six-inch pipe filled with concrete and placed deeply into the ground for the proper protection of the box.  He also suggested that it be painted green.  He suggested immediate replacement of said guard.
	The City Engineer was so informed.
	Mayor Hurley then commented on the letter contained in the agenda packet from Maurice W. Downs, City Clerk, indicating his intention to retire effective March 31, 1986.  There were expressions to the City Clerk from several members of the Council that he would be missed and the Mayor suggested that a ceremony be held for Mr. Downs.
	Mayor Hurley stated that he had received a letter from a lady who stated she had a serious erosion problem in her yard.  The Councilmembers stated they did not receive a copy of this letter since it was not placed in the agenda packet.  Mayor Hurley stated that this then would be considered at a later date and the City Manager was requested to make distribution of the letter to the Council.
	Mayor Hurley requested the citizens of the community to acknowledge the Geneva Summit Meeting this week by turning on their porch lights on Tuesday and Wednesday nights.
	Mayor Hurley then stated he would consider a motion for an executive session.  Mr. McBryde then moved at 8:35 p.m. that Council enter into executive session to consider a litigation matter only, seconded by Mrs. Felton and carried unanimously.
	The Council reentered the Council Chamber at 8:45 p.m. and Mayor Hurley adjourned the executive session and reconvened Council into regular session and adjourned upon motion made and duly seconded.
INFORMATION MEETING
MONDAY, NOVEMBER 25, 1985
	FAYETTEVILLE CITY COUNCIL
	INFORMATION MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, NOVEMBER 25, 1985
	7:00 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Mildred Evans, Milo McBryde, Jimmie Jones, Emaretta Felton
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
ABSENT:	Councilmember J. L. Dawkins (excused)
	Mayor Hurley called the meeting to order.  After an invocation by Gerald McPhail, Mayor Hurley lead the assembly in the Pledge of Allegiance to the Flag.  Upon motion by Councilmember Jones, seconded by Councilmember McBryde, the Council voted unanimously to excuse Councilmember Dawkins.
	Mayor Hurley recognized City Manager John Smith for a presentation on the proposed amendments to the Downtown Loan Program.  Mr. Smith indicated that the substantive changes in the program were to allow acquisition and new construction with loan proceeds.  Assistant City Manager Suzan Cheek also presented information concerning the proposed amendments.  Mayor Hurley then opened the public hearing for comment.  Mr. John Monaghan, president, Fayetteville Progress, Inc., appeared in support of the amendments.  No one appeared in opposition.
	Mayor Hurley then recognized City Manager Smith for a report on the Employee Health Benefit Plan.  Mr. Smith reviewed statistics on the program and stated that he was recommending a 5% rate increase for dependent coverage to be effective January 1, 1986.   The 5% rate increase for employee coverage went into effect November 1, 1985, as reflected in the 1985-86 Budget.
	City Manager Smith then presented a report on the progress of the pedestrian linkages project.  After a brief discussion of the project's progress, Councilmember Wofford offered a motion to authorize Paul Lu to proceed with working drawings on the four linkages.  The motion was seconded by Councilmember Evans and carried unanimously with Councilmember McBryde abstaining.
	City Manager Smith then introduced a bond inducement resolution concerning the Prince Charles Hotel project.  Upon motion by Councilmember McBryde, seconded by Councilmember Felton, the Council voted unanimously to approve the resolution.
	RESOLUTION OF THE CITY OF FAYETTEVILLE APPROVING APPLICATION FOR PRIVATE ACTIVITY BONDS IN THE AMOUNT OF $6,562,000. RESOLUTION NO. R1985-110.
	Upon motion by Councilmember McBryde, seconded by Councilmember Jones, the Council voted unanimously to convene into executive session for the purpose of discussing a litigation, a property acquisition, and personnel.
	The City Council reconvened into regular session at 8:35 p.m.  There being no further business, Mayor adjourned the meeting.
REGULAR MEETING 1985
MONDAY, DECEMBER 2, 1985
	REGULAR MEETING 1985
	CITY HALL COUNCIL CHAMBER
	MONDAY, DECEMBER 2, 1985
	7:00 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Mildred Evans, J. L. Dawkins (8:00 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
Absent until 8:00 p.m. Councilman J. L. Dawkins.
	Mayor Hurley called the meeting to order and welcomed everyone present.  The invocation was offered by the Reverend Fred W. Coburn, Associate Pastor, Church of the Nazarene.  Mayor Hurley stated that Reverend Coburn was a newcomer to the City and issued him a special welcome.  Mayor Hurley then led the Assembly in the Pledge of the Allegiance of the Flag.
	Mayor Hurley then stated that Mr. Dawkins was not present at the moment because of the illness of his wife.
	Mr. Wofford offered motion to excuse Mr. Dawkins, seconded by Mr. McBryde, and carried unanimously.
1.	Consent:
	The City Manager pulled consent Item D.
	Mr. McBryde moved to approve all consent items except D, seconded by Mr. Wofford, and carried unanimously.
	The consent items appear below:
A.	Approval of minutes of regular meeting of November 18, 1985.
B.	Set Public Hearing for January 6, 1986, to consider amendments and revisions to the City of Fayetteville zoning ordinance, Chapter 32, governing dish antennas (earth stations) within the city limits.
C.	Set Public Hearing for January 6, 1986, to consider a resolution to file and publish preliminary assessment roll for the paving of:
	1.	Sandhurst Drive from existing pavement to Walter Reed Road.
	2.	Walter Reed Road from existing pavement to Dead End.
	3.	Powell Street from Trade Street to Cude Street.
	RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR PAVING AND OTHER IMPROVEMENTS ON SANDHURST DRIVE. RESOLUTION NO. R1985-111.
	RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR PAVING AND OTHER IMPROVEMENTS ON WALTER REED-ROAD. RESOLUTION NO. R1985-112.
	RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR PAVING AND OTHER IMPROVEMENTS ON POWELL STREET. RESOLUTION NO. R1985-113.
E.	Award of contract for construction of 24-inch water main along Hope Mills Road, from Raeford Road to Cumberland Road to Paul's Pipeline, Inc., the low bidder (PWC) for $770,938.50.
D.	Adoption of resolution authorizing the sale of a surplus tract of City/County land located on the southeast corner of Brewer Street and Nickey avenue (Lot 95, Tax Parcel #61.1.3/775/G/95).
	The City Manager stated that the high bid submitted by Alma Flood in the amount of $4,000.00 had been withdrawn.  He recommended going to the second highest bid.
	The City Engineer presented this matter and stated the second high bid was made by Lynn Hill, Jr., in the amount of $3,200.00 and recommended acceptance.
	Mr. McBryde offered motion to accept the second high bid of $3,200.00, seconded by Mr. Jones, and carried unanimously.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY.  RESOLUTION NO. R1985-114.
2.	Public Hearings:
A.	Public Hearing to consider proposed amendments to Chapter III, “Governing Body", and Chapter IV, “Elections" of the Charter of the City of Fayetteville.  No action was recommended.
	The City Attorney presented this matter and summarized it for City Council.  He stated that it has been advertised. (A copy of the proposed ordinance is on file with the original of these minutes.)
	Mayor Hurley asked if there were proponents and there were none.
	Mayor Hurley asked for opponents and Mr. Clinton Harris was recognized in opposition for the Fayetteville/Cumberland County Citizens Association with comments for the single-district voting plan.
	Mr. Preston Barnes, 2010 Murchison Road, was recognized in opposition to the proposed plan and for single-member district plan.  He requested reconsideration.
	Mr. Don Clayton, a City resident, was recognized in opposition to the proposed plan.
	Mr. Howard Rudner, 2612 Fashion Lane, was recognized in opposition to the proposed plan.  He recommended a strong mayor.
	Mr. Robert Beatty was recognized with comments on the proposed plan.
	Mr. Richard Griffin was recognized for Mrs. Geraldine Henderson of NAACP in opposition to the proposed plan.
	Mayor Hurley stated that the public hearing is now closed and that City Council action will be taken two weeks from tonight.
	Mayor Hurley then recognized Dr. Brian Sherman District Research Services, with comments on the plan as it was drawn.
	There were then questions by the City Council and discussion.
	Mr. Richard Griffin was again recognized with questions.
	Dr. Sherman answered these questions.
	Mr. Don Clayton was again recognized with comments.
	Mr. Sherman was recognized and commented again.
	There was then a general discussion of the matter.
	The City Manager commented on the proposed annexations by the City.
	Mr. Howard Rudner was recognized with comments as was a Mr. Barnes.  Dr. Sherman commented again on the proposed plan.  There were comments by Mr. Wofford and by Dr. Sherman.
	Councilman J. T Dawkins then came into the meeting at 8:00 p.m.
	There were then further comments by Clinton Harris and Dr. Sherman on the proposed plan.
	Mr. Lester Shaw, a local citizen, was recognized with comments on the proposed plan.  There were then questions by Mr. Jones on the plan.  There were additional comments by Mr. Dawkins and Mrs. Felton on the plan.  There were questions by Mr. Rudner on the-plan and also Mr. Don Clayton and also Betty Joe Goodenough on the proposed plan.
	Mayor Hurley then extended thanks to everyone for their comments and suggestions and declared a five-minute recess.
	Mayor Hurley then reconvened the session and moved to the next public hearing.
	Joint Public Hearing between Fayetteville Historic Properties Commission and the Fayetteville City Council to consider the designation of four sites as historic properties. (Continued from November 8, 1985, meeting).  It was recommended to approve the designations by adoption of the ordinances.
	The City Attorney was recognized with brief comments concerning the matter and stated that the property owners had been notified.
	Mayor Hurley recognized Dr. Charles Speegle, Chairman of the Historic Properties Commission, who in turn recognized members of the Commission.  Dr. Speegle gave the locations of the sites.  There was no opposition present.
	Mr. Dawkins offered motion to adopt the ordinances as recommended, seconded by Mrs. Felton, and carried unanimously.
	AN ORDINANCE DESIGNATING VACANT LOT SOUTH SIDE OF BOW STREET AS A HISTORIC PROPERTY PURSUANT TO PARAGRAPH 2-54 OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. NS1985-40.
	AN ORDINANCE DESIGNATING 101 PERSON STREET AS A HISTORIC PROPERTY PURSUANT TO PARAGRAPH 2-54 OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. NS1985-41.
	AN ORDINANCE DESIGNATING 103 PERSON STREET AS A HISTORIC PROPERTY PURSUANT TO PARAGRAPH 2-54 OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. NS1985-42.
	AN ORDINANCE DESIGNATING JOHN DAVIS HOUSE AS A HISTORIC PROPERTY PURSUANT TO PARAGRAPH 2-54 OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. NS1985-43.
	Mayor Hurley recognized Mr. Dawkins as being present and no longer excused from this meeting.
C.	Consideration of amendment to the Central Business District Redevelopment Plan.  Adoption of the resolution was recommended.
	Council recognized Mr. Richard Merrera, of the Community Development Department, who presented this item.  He displayed slides to bring City Council up to date on the program.  He extended thanks to everyone who assisted in the preparation of this plan and requested adoption of the resolution.
	There were neither proponents nor opponents present.
	Mrs. Evans moved for approval by adoption of the resolution, seconded by Mr. Wofford, and carried unanimously.
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE APPROVING REDEVELOPMENT PLAN FOR THE CENTRAL BUSINESS DISTRICT AMENDED ACTION YEAR 1985. RESOLUTION NO. R1985-115.
3.	Consideration of adoption of amended Downtown Redevelopment Loan Program.  Adoption was recommended.
	The City Attorney presented this matter and stated the Loan Program Agreement was presented to you on November 25, 1985, and is basically the same agreement you previously approved in 1982 when you approved the Central Business District Redevelopment Plan.  It has undergone some minor changes since that dime and the latest version includes some changes based upon amendments to the Redevelopment Law made by the 1985 Session of the General Assembly.
	Following brief discussion, Mr. Wofford offered motion for approval, seconded by Mr. Jones, and carried unanimously.
4.	Consideration of adoption of Downtown Fayetteville Redevelopment Separate Loan Program.  Adoption was recommended.
	The City Manager presented this item and stated that it was essentially the same as the previous item.  He presented additional information on the program for Council's benefit.
	Following this, Mrs. Evans offered motion to adopt the Separate Loan Program and that the City Manager be the designated person to sign, seconded by Mr. Dawkins, and carried unanimously.
	The City Manager then presented additional information and requested that this meeting be continued to Wednesday or Thursday of this week.
5.	Planning Board Matters:
A.	Consideration of Thomas Mobile Home Park in an R6 Residential District for preliminary and final mobile home park plan review for an area located on both sides of Harvey Drive, on the north side of Pelt Drive.  The Planning Board recommended conditional approval.
	Planner Al Mitchell presented this flatter and displayed slides.
	Following some discussion, Mrs. Evans offered motion to follow the recommendation of the Planning Board and Planning staff, seconded by Mrs. Felton, and carried unanimously.
	Mayor Hurley then stated the next matter was not on the agenda and was a rezoning mater and called on Planner Al Mitchell.  Planner Mitchell stated this concerned the rezoning from R5 to C1 at 324 “B" Street.  Mr. Mitchell presented the matter and recommended that it be referred back to the Planning Department.
	Following brief discussion, Mr. McBryde offered motion to refer this matter back to the Planning Board, seconded by Mr. Jones, and carried unanimously.
	Mr. Jim Anderson was recognized briefly on this matter and was informed that it was referred back to the Planning Board.
6.	Public Work Commission Matters:
A.	Consideration of Resolution allocating State water/sewer-appropriation of $1,222,024.00 toward construction of addition to P.O. Hoffer Water Treatment Plant.  PWC recommended approval.
	Mr. Tim Wood, PWC Manager, was recognized and presented this matter and recommended approval by adoption of a resolution.
	Following Brief discussion Mr. Dawkins offered motion for approval by adoption of the resolution, seconded by Mr. Jones, and carried unanimously.
7.	Presentation by Fayetteville Progress, Inc.
	Mayor Hurley recognized Mr. J. Harvey Oliver, Jr., Chairman of the Board of Fayetteville Progress, who in turn recognized in the audience Mr. Tom Williams, of Wachovia Bank, and others.
	Mr. Harvey stated that the banks in the City are interested in low-interest loans to encourage downtown Fayetteville development.  He mentioned the 500 block of Hay Street and also the 700 Haymount project.  He stated the purpose was to bring new business into the downtown area.  He also mentioned the Prince Charles Hotel.  He stated that they were attempting to find a new developer for this building.  He also mentioned Lafayette Square as a new project being considered.  He mentioned also the Ted Rhodes Building, the Colony Theater, and other locations in the downtown area.  He requested time of the City Council to give a progress report as soon as possible.  He requested that City Council share in the cost of this development.  He stated that no specific action was requested tonight.
	Mayor Hurley also recognized Mr. John Monaghan, Jr., who distributed copies of the plan and offered additional comments and requested time to make a presentation to City Council.
	There were then comments by Mr. Dawkins who stated that we do need public and private partnership for benefit of the community as a whole.
	Mrs. Evans suggested that Council plan to have both items at a planned meeting soon and suggested December 4 or 5.  Following brief discussion, Mayor 
Hurley suggested that Council continue this meeting for this purpose to Wednesday, December 4.
	He stated he would entertain a motion at the end of the meeting for this purpose.
8.	Consideration of Budget Ordinance Amendment Change 86-2.   Adoption was recommended.
	The City Manager presented this matter and stated that this budget ordinance amendment change transfers the five park rangers from Recreation to the Police Department.  This transfer includes personnel services, uniforms, equipment maintenance, vehicle maintenance, fuel, operation supplies, and mobile radio and equipment.  He stated that it also included other items.
	Following brief discussion, Mrs. Evans offered motion to follow the recommendation of the City Manager and the Finance Director and approve the budget ordinance amendment changes, seconded by Mr. Dawkins, and carried unanimously.
9.	Consideration of amendment to Section 20-171(c), “Picketing", (Second Reading).
	Mr. McBryde offered for adoption of the ordinance on second reading, seconded by Mr. Wofford, and carried.  Mr. Jones voting no.
	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTIONS 20-171(c) OF THE FAYETTEVILLE CODE - PICKETING. ORDINANCE NO. S1985-15.
10.	Consideration of approval of bid on Contract #858612 (Engineering Department Project #04-322-85) - Street Construction and Installation of PWC Utilities.  Approval was recommended.
	The City Engineer presented this matter and stated that we recommend awarding of the contract to the overall low bidder, McDonald Grading Company in the amount of $1,500,249.75.  The contract is for fixed unit prices on estimated construction quantities, therefore, the final contract price may vary slightly from the bid amount.
	Mr. Dawkins offered motion for approval as recommended, seconded by Mrs. Evans and carried unanimously.
11.	Consideration of deed granting right-of-way to NCDOT for improvements on Murchison Road (NC 87-210).  Approval was recommended.
	The City Engineer presented this matter and stated that NCDOT is planning a widening project on Murchison Road, between Waddell Drive and U.S. 401 Bypass.  Last year the City acquired through the subdivision review process a small triangular tract of right-of-way on the west side of Murchison Road.  This was conveyed to the City without charge and is now needed by NCDOT for the widening project.  We recommend approval of this conveyance and authorization for the Mayor and the Clerk to sign the deed to the state.
	Mr. McBryde offered motion to approve the foregoing as recommended, seconded by Mr. Jones, and carried unanimously.
12.	Consideration of Resolution changing the name of North King Street to Pepsi Lane.  Adoption of the resolution was recommended.
	Mr. Jones offered motion for adoption of the resolution.
	The City Manager stated that there had been property owner objections.  Mr. Dawkins expressed concern of setting precedent in changing the name of this street.  Mayor Hurley stated that this had been the name of this street for a very long time.
	Mr. Jones then moved for approval and for adoption of the resolution, seconded by Mrs. Felton.
	Mayor Hurley called for a vote on the motion and was as follows:  For the Motion: Councilmembers Jones and Felton.  Against the Motion: Councilmembers Wofford, Evans, Dawkins, Mayor Hurley, and McBryde.  Mayor Hurley declared the motion lost.
	Mayor Hurley then declared a five-minute recess.
	Mayor Hurley reconvened the Council.
13.	Consideration of approval of landscaping plan for two tracts on Mason Bragg (islands); and two corners on East Rowan and Bragg Boulevard.  Approval was recommended.
	The City Engineer presented this matter and stated that in coordination with the Appearance Commission and the Revitalization Commission, the City staff has selected and designated landscape improvements on the west side of Bragg Boulevard and each corner of East Rowan Street and two traffic islands between Bragg Boulevard and Hillsboro Street at the Walter Street cross connector.  This landscape design has been approved by the Appearance Commission and the Revitalization Commission with a recommendation that the project proceed.  If Council approves this landscaping, we will ask for bids on the work immediately.  The work consists of planting several trees, shrubs, and ground cover.  Irrigation is also planned for each corner and island.  To bring the project within the allocation, it is planned for the Street Maintenance personnel to provide some of the labor.
	The City Engineer then introduced Bill Hester, a Landscape Engineer from the Engineering Department who has recently joined the department.  Mr. Hester displayed the plan and explained it in detail for City Council.
	Following brief discussion, Mr. Wofford offered motion to approve the plan as presented, seconded by Mrs. Evans, and carried unanimously.
14.	Consideration of amendment to Section 20-76 of the City Code to add as Item “L" “No Parking Within 15 feet of Driveway".  Adoption of the ordinance was recommended.
	The City Engineer presented this matter and stated that during our review of several recent citizens' complaints regarding vehicles parking in or near their driveways, it has become apparent that there is currently no restriction in the City Code to prohibit such activity.
	In order to alleviate this problem, we would recommend that the above referenced section of the City Code covering places in which parking is prohibited he amended to add:
	Item (L) - within 15 feet of either edge of a private road or driveway with a public street.
	This would allow City staff to control parking in driveways without necessitating a separate ordinance for each citizen complaint.
	There was then some discussion of the matter.
	Mr. McBryde then offered motion to adopt the ordinance but change the 15 feet to 5 feet, seconded by Mr. Wofford, and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLE AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES BY ADDING TO SAID SCHEDULE ITEM (6) WITHIN 5 FEET OF EITHER EDGE OF A PRIVATE ROAD OR DRIVEWAY WITH A PUBLIC STREET. ORDINANCE NO. S1985-16.
15.	Consideration of Interlocal Agreement between City of Fayetteville and the Fayetteville Metropolitan Housing Authority concerning joint purchasing.  Approval was recommended.
	Mr. Wofford offered motion for approval as recommended, seconded by Mr. McBryde, and carried unanimously.
16.	Consideration of approval of the following:
	1.	Lease Agreement between City of Fayetteville and Fayetteville Air Cargo Facilities, Inc.;
	2.	Lease Agreement between Fayetteville Air Cargo Facilities, Inc., and Hill-Beason, Ltd., (Sub-lease);
	3.	Agreement to purchase between City of Fayetteville and Hill-Beason, Ltd., (25' x 100' air cargo building);
	4.	Option to lease between City of Fayetteville and Fayetteville Air Cargo Facilities, Inc., and Hill-Beason, Ltd.
	Approval was recommended.
	The City Attorney presented this matter and offered comments.  Following this, Mr. McBryde offered motion to approve Item 16 1, 2, 3, and 4 by the adoption of the resolution contained in the packet, seconded by Mrs. Evans, and carried unanimously.
17.	Appointments:
A.	Election of Reverend John L. Godbolt to the Human Services Commission.
	Mr. McBryde offered motion to elect Reverend Godbolt to Human Services Commission to serve the balance of the term of Tom Snell, resigned.  Said term to run to March 1986.  Seconded by Mr. Dawkins and carried unanimously.
B.	Nominations to fill four vacancies on the Fayetteville Appearance Commission.  Mr. McBryde nominated John Monaghan, Jr. Mrs. Evans nominated Frank MacMillan.  Mr. Jones nominated Brad Goodrum.  Mr. Dawkins nominated Pat Garber.
C.	Nominations to fill three vacancies on the Fayetteville Historic Properties Commission.
	Mayor Hurley nominated Reggie Barton.  Mr. McBryde nominated Rosalie Kelly.  Mr. Jones nominated Dr. Charles Speegle.
D.	Nominations to fill one vacancy on the Fayetteville Redevelopment Commission.
	Mr. Dawkins nominated Mrs. Kaye Huggins to a five-year term.
E.	Election of Mr. B. T. McNeill, Mr. Leon Lancaster, Mrs. John (Rita) Mitchell as regular members of the Personnel Review Board and Mr. Bob Cellner as alternate member.
	Mr. Dawkins elected Mr. Bob Cellner as a regular member with a one-year term.  Mayor Hurley stated that Mrs. Mitchell had declined to serve another term.  Mrs. Evans elected Mr. B. T. McNeill to a two-year term.  Mr. McBryde elected Mr. Leon Lancaster for a three-year term.
	Mayor Hurley stated that Council needed to elect an alternate member to this board at the next meeting.  Mayor Hurley then called for a vote on the foregoing elected officers and it carried unanimously.
18.	Delegations or individuals wishing to address Council.  There were none.
19.	Administrative Reports:
A.	Report on traffic operations at the intersection of Green/Old Streets.
	The City Engineer presented this matter and stated that we have received from Rose and Purcell, Inc., on behalf of First Citizens Bank, proposals for improving traffic operations at this intersection.  The proposal will provide an additional drive-in window within the First Citizens parking deck and would provide for dual-stacking lanes on the approaches to two drive-in windows.  They now only have one lane, and a backup from this existing drive-in window of ten blocks the Green Street sidewalk and one lane of Green Street through the intersection.  This additional drive-in window will double vehicle stacking capacity.
	Another improvement they are suggesting is revision of the islands to accommodate three lanes on Bow Street approach to Green.  This revision will provide some operational improvements at the intersection.
	We recommend approval of these changes; and, if there is to be any expense to the City, we will report back to the City Council.
	He recommended that this was for City Council review only tonight.
	There was then a general discussion of the left turn situation at this intersection and the City Engineer informed Council that NCDOT had been requested to approve these left turn signals.  To date no answer had been 
received from them and the time is running out for DOT to do this and we can and will now implement these improvements ourselves.
	The City Council will review the recommendations made by the City Engineer on this matter.
	On an additional administrative report item, City Manager John Smith stated that Mr. Gammon is still working on the municipal market and trying to arrange financing by the end of December.  Also recall the lease agreement has expired.  He requested Council that if financing can be made that they authorize the City Manager to receive proposals on the lease and to advertise it for City Council approval and to set a public hearing on it for the downtown loan.  He stated it takes ten days to advertise.
	Mr. McBryde offered motion to approve the foregoing as requested, seconded by Mr. Jones, and carried unanimously.
20.	Matters of Interest to the Council:
	There were none.
	Thereafter Mr. Dawkins offered motion at 10:00 p.m. to continue this meeting to Wednesday, December 4, 7:00 p.m., City Hall Council Chamber, seconded by Mrs. Evans and carried unanimously.
REGULAR MEETING
MONDAY, DECEMBER 16, 1985
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBERS
	MONDAY, DECEMBER 16, 1985
	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 recognized scouts from Boy Scout Troup 771 and requested that they lead the assembly in the Pledge of Allegiance to the Flag following the invocation.  The scouts present were George England, Mike Mullen, Brian Hardee, David Waller, Reese Stevenson, Jerry Sharp and Lyle Turner.
	Mayor Hurley introduced Dr. Leonard H. Bolick, St. James Lutheran Church, who offered the invocation followed by the Pledge of Allegiance to the Flag, led by the scouts from Troop 771.
RECOGNITION:
	Deborah Hoyt was presented with a Resolution of Appreciation for her work as President of the Olde Fayetteville Association.  She will be moving from the area very soon.  She worked very hard to help Fayetteville achieve the All America Award.
	Bobby Suggs, 1985 Chairman of the Dogwood Festival, was also presented a Certificate of Appreciation for his dedication, loyalty, and talent in working with the Festival.
	Mayor Hurley also recognized the Resolution adopted by North Carolina League of Municipalities congratulating the citizens of Fayetteville on the selection of Fayetteville as an All-America City.
	Councilman Wofford requested that Item 6 be pulled and considered before the public hearings because the discussion of this matter might affect what might be said at the public hearings.
	City Manager Smith stated that the City Attorney had asked that Item 5 dealing with the Fayetteville Air Cargo Facility, Inc. be taken up at the December 19 meeting due to there being several documents to cover.
1.	Consent:
	Councilmember McBryde moved to approve all consent items, seconded by Councilmember Evans and carried unanimously.  
The Consent items appear as follows:
A.	Approval of minutes of regular information meeting of November 25, 1985. 
B.	Approval of minutes of regular meeting of December 2, 1985.
C.	Approval of a request for a refund of City taxes to Theodore A. Wood, Jr., in the amount of $14.17.
D.	Approval of a request for a refund of City taxes to Exxon Corporation in the amount of $364.20.
E.	Set Public Hearing for January 6, 1986, to discuss reallocation of unobligated Community Development Block Grant funds from the 1984-85 Fiscal Year.
F.	Set Public Hearing for January 20, 1986, to consider 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 (i) 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.
G.	Approval of the rezoning from PND Planned Neighborhood District to R5 Residential District or to a more restrictive zoning classification for an area located on the west side of the All-American Expressway, north of the Aberdeen and Rockfish Railroad.
H.	Award of contract for purchase of one Concession Trailer to Hunter-Knepshield Company, Inc., the lowest responsible bidder.
I.	Adoption of resolution authorizing City Manager to execute Lease-Purchase Agreements for computer hardware for Police Department.
	RESOLUTION TO LEASE - PURCHASE AGREEMENTS COMPUTER HARDWARE FOR POLICE DEPARTMENT. R1985-116.
J.	Approval of FAA Grant 3-37-0021-06 for the terminal baggage claim addition and renovation.
K.	Award of contract for purchase of one 8-passenger van to Powers-Swain Chevrolet, Inc., the low bidder. (PWC)
L.	Award of contract for Elevated Water Storage Tank Improvements to Brown Steel Contractors, Inc., the only bidder. (PWC)
	Discussion of offer to purchase Prince Charles Hotel and Adjacent Property.
6.	Mr. Bob Ray, representing the developer for the Prince Charles Hotel project, appeared before Council and reviewed what had been done at an earlier Council meeting.  He further stated that they are offering the same proposition tonight and are asking the City to enter into a contingency lease.  Also that the City can still place stiff restrictions in that regard and that the City is not legally bound to something they do not consent to.
	Councilmembers Wofford and Evans questioned the signing of the lease as it reads now.
	Mr. John Schwarz responded to their concerns and assured them that the City was not obligated financially.
	Councilmember Evans stated she felt morally obligated and Councilmember Dawkins asked staff for clarification if the City is liable in any way.  Mr. Smith responded there was none recommended and Mr. Cogswell agreed.
	There was considerable discussion on this matter add Mr. Ray summarized by stating that he is looking for a right-to-enter a 12-month period negotiation.  He stated that their attorneys need to answer some of the questions as to any liability on the City's part in the future.
	Council continued this matter until the December 19, 1985 meeting in order to have further information such as bond documents or trust agreements.
2.	Public Hearings:
A.	Public Hearing to consider Approval of Issuance of Redevelopment Bonds by the City of Fayetteville of not to exceed $6,560,000 in principal amount to finance construction of an office building and associated improvements on the north side of the 400 block of Hay Street.  This public hearing is being held pursuant to Section 103(k) of the Internal Revenue Code.
	City Manager Smith stated that public hearings A through C are being held as a requirement of the Internal Revenue before tax exempt bonds can be issued and not as a state requirement; therefore no action is necessary tonight.
	John Schwarz appeared in favor and explained that this portion of the public hearing deals with the DTD (Downtown Development) proposing to build an office building in the 400 block of Hay Street at the Prince Charles Hotel site.
	Councilmember Wofford questioned whether this part of the project could stand alone if the other parts were not approved.
	Attorney Ray responded that none of the proposed projects could be a stand-alone project.
	There were no opponents.
	Councilmember Wofford offered motion to close the public hearing, seconded by Councilmember McBryde and carried unanimously.
B.	Public Hearing to consider approval of Issuance of Redevelopment Bonds by the City of Fayetteville of not to exceed $10,000,000 in principal amount to finance construction of a 150 room full-service hotel complex including the renovation of the existing Prince Charles Hotel.  This public hearing is being held pursuant to Section 103(k) of the Internal Revenue Code.
	John Schwarz appeared in favor and stated that this is a 150-unit quality hotel with restaurant, ballrooms, etc. portion of the project.
	There were no opponents.
	Councilmember McBryde offered motion to close public hearing, seconded by Councilmember Wofford and carried unanimously.
C.	Public Hearing to consider Approval of Issuance of Redevelopment Bonds by the City of Fayetteville of not to exceed $10,000,000 in principal amount to finance construction of a combination retail, commercial, and office complex on the north side of the 400 block of Hay Street.
	Mr. Schwarz appeared in favor and explained that this is the retail, office complex, commercial and possibly a movie house portion of the Prince Charles Hotel project.
	There were no opponents.
	Councilmember McBryde offered motion to close public hearing, seconded by Councilmember Dawkins and carried unanimously.
D.	Joint Public Hearing between the Fayetteville Historic Properties Commission and the Fayetteville City Council to consider an ordinance designating 115 Person Street as a historic property.
	City Attorney presented this matter and stated that 115 Person Street had been included in a previously approved historic properties site, but was later discovered to be a separate piece of property.  Therefore, it is being presented for approval at this time.
	Mrs. Rosalie Kelly, representing the Historic Properties Commission, appeared in favor.  She introduced the members of the Commission that were present.
	There were no opponents.
	Councilmember Dawkins offered motion to adopt ordinance, seconded by Councilmember McBryde and carried unanimously to approve the Archway House, 115 Person Street as a historic property.
	AN ORDINANCE DESIGNATING 115 PERSON STREET AS AN HISTORIC PROPERTY PURSUANT TO §2-54 OF THE FAYETTEVILLE CITY CODE. NS1985-44.
3.	Consideration of ordinance amending Chapter III, “Governing Body", and Chapter IV, “Elections", or the Charter of the City of Fayetteville (creating City Council consisting of district and at-large representation and that Mayor should only vote in case of a tie).
	City Attorney presented this item.
	Councilmember Wofford offered motion, seconded by Councilmember Dawkins, to adopt the ordinance to amend Chapter 3 and 4, “Elections", of the Charter of the City of Fayetteville.
	Councilmember Evans stated she feels this would be expensive, awkward and too many members for a City the size of Fayetteville.  She also feels the Mayor should vote.
	Following brief discussion, motion carried with Councilmembers Evans, Jones and Felton voting no.  This will be the first reading of the ordinance.
4.	Consideration of resolution establishing the boundaries of City Council election districts.
	Councilmember Wofford offered motion to adopt resolution, seconded by Councilmember McBryde.
	City Manager then stated that since this is connected with Item 3, that it should be continued until the December 19, 1985 meeting also.
	Councilmember Wofford withdrew his motion, and Councilmember McBryde withdrew his second.
	Councilmember McBryde offered motion, seconded by Councilmember Jones, to continue this item until the December 19, 1985 meeting.  Motion carried unanimously.
5.	Consideration of approval of various documents relating to Fayetteville Air Cargo Facilities, Inc., $1.2 million Revenue Bond (Hill-Beason, Ltd., Project).
	Councilmember McBryde offered motion to continue this item at City Attorney's request.  Motion seconded by Councilmember Jones and carried unanimously.
6.	This item discussed before Consent items.
7.	Consideration of bids for exchange of Police Department weapons.
	City Manager presented this matter and stated that although the bids were identical, in that they are a one-to-one exchange, but due to testing by the Police Department and that with new weapons the single action feature can be removed, the Ruger was recommended.
	Councilmember McBryde asked Chief Hansen how Roger could exchange on a One-to-One basis.  Chief responded that because of future business and being able to advertise.  Chief also responded that is an American made gun.
	Councilmember Evans offered motion, seconded by Councilmember McBryde and carried unanimously, to award this bid to Gib Hebard Guns.
	Following a five-minute break, Mayor Hurley recognized Debbie Lindsay, representing the Junior League.
8.	Consideration of request for NCDOT to acquire utilities and sidewalk space along the south side of Morganton Road in the vicinity of Skye Drive.
	City Engineer Bennett presented this item and recommended adoption of the resolution.
	Councilmember Wofford stated that he felt this widening might cause further congestion and suggested that a public hearing be held to give the residents in that area a chance for some input, even if it won't affect the NCDOT project.
	Councilmember Wofford offered motion, seconded by Councilmember Jones, to offer this item as a public hearing.  Motion carried unanimously.
	The public hearing was set for January 20, 1986.  City Engineer will notify property owners and place an ad in the paper.
9.	Consideration of resolution pertaining to disposition of City owned Adams Court property.
	City Engineer presented this matter and stated that the first step should be to have the Planning Board study the zoning and redo the zoning lines.  He has prepared a resolution concerning the disposition of Adams Court property.
	Councilmember Wofford asked that the last line be reworded.   City Manager suggested that a period be placed after the word “land" at the end of the third sentence in the last paragraph.   Council agreed with this change.
	Mr. Clinton Harris appeared before Council as acting chairman of Cumberland County Senior Round Table.  He stated his concerns regarding Council changing their minds about this project.
	Councilmember Evans responded to Mr. Harris that she had spoken to two non-profit groups that were very active with senior citizens and said she would try to get this property for them to build some type of housing for senior citizens if they could get the funds and neither found that they could manage it.
	Councilmember Dawkins offered motion to adopt resolution concerning the disposition of Adams Court Property and to refer this matter to the Planning Board for the rezoning of this property, seconded by Councilmember McBryde and carried unanimously.
	RESOLUTION CONCERNING THE DISPOSITION OF ADAMS COURT PROPERTY. RESOLUTION NO. R1985-117.
10.	Consideration of recommendation from the Fayetteville Revitalization Commission to purchase the vacant lot at 111 Hay Street formerly the “Belk" property utilizing funds from Pedestrian Linkage Project Ordinance.
	Mr. Horace Thompson, Chairman of the Revitalization Commission appeared before Council and made a recommendation that they take funds out of the linkage monies and use it for the purchase of this lot, and replace or transfer funds back to the linkage later.
	Councilmember Evans offered motion to have City Manager explore the cost of purchasing the old Belk lot, seconded by Councilmember Jones.
	Councilmember McBryde stated he feels that this lot will never be utilized as a linkage due to it being a dangerous area downtown.
	Mr. Thompson responded that he feels that the off-street parking lots will be utilized more when there are linkages to the Olde Fayetteville Mall.  Cleaning up the Franklin Street area is one of the items on the revitalization of the downtown area.
	Mr. John Monaghan was recognized and stated he felt Council needs to come up with a price to make an offer to the owners.
	Following further discussion, Councilmember Evans withdrew her motion and Councilmember Jones withdrew his second.
	Councilmember Wofford offered motion to authorize the City Manager to hire an appraiser and do whatever negotiating activities he needs to do in order to determine a firm price for the property and bring back to Council for final approval or disapproval.  Motion seconded by Councilmember Dawkins, carried with Councilmembers McBryde and Jones voting no.
	City Manager Smith suggested that Items 11 and 12 be considered together.
11.	Consideration of Budget Ordinance Amendment Change 86-3.
12.	Consideration of Capital Projects Ordinance Amendment Change 86-7 and 86-8.
	Councilmember Wofford offered motion, seconded by Councilmember Dawkins, to approve Items 11 and 12.  Motion carried unanimously.
13.	Consideration of amendment to 1984-85 Audit Contract (extension of time).
	Councilmember Wofford offered motion to approve request for audit contract amendment for extension of time.  Seconded by Councilmember Evans and carried unanimously.
14.	Consideration of approval of Mutual Aid Agreement for Emergency Medical Services.
	There was some discussion about the duplication of emergency vehicles going on one call.
	Councilmember Evans offered motion to approve the emergency medical services mutual aid agreement, seconded by Councilmember Felton and carried unanimously.
15.	Clarification of City Council policy regarding discounts on assessments.
	Councilmember McBryde offered motion to refer this matter to the Policy Committee, seconded by Councilmember Felton and carried unanimously.
	City Attorney Cogswell stated to Council that the reason this was brought before Council is that there are three public hearings scheduled on January 6 and the assessment roll has to be on file in the Clerk's office stating any discounts available.
	Councilmember McBryde offered motion, seconded by Councilmember Evans, to rescind the public hearings for January 6 on paving Sandhurst Drive, Walter Reed Road, and Powell Street.   Motion carried unanimously.
16.	Consideration of resolution requesting allocation from state-wide private activity bond for issuance of Downtown Redevelopment Loan to Bill Pollitt for renovation of 329 Hay Street, formerly the Colony Theatre Building.
	Councilmember Wofford offered to adopt resolution approving the application for allocation for private activity bond, seconded by Councilmember Evans and carried unanimously.
	RESOLUTION OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, APPROVING THE APPLICATION FOR ALLOCATION FOR PRIVATE ACTIVITY BOND. RESOLUTION NO. R1985-118.
	City Manager Smith stated that in order to close this out before the end of the year, he has advertised a hearing for December 30, 1985, at 5:30 p.m. at the Kyle House Conference Room.
17.	Appointments:
A.	Mayor Hurley stated that it was brought to his attention that the Fayetteville Appearance Commission By-Laws state that a member cannot serve two consecutive terms and they had nominated two people, Frank McMillan and Pat Garber, that were in this situation.  Therefore they would need to make two additional nominations.  These two names were rescinded and Tom Goetz, representing architects and Sharon Valentine, representing the Clean Communities were nominated.
	John Monaghan, Jr. and Brad Goodrum were elected for two-year terms.
B.	Reggie Barton, Rosalie Kelly and Dr. Charles Speegle were unanimously elected to the Fayetteville Historic Properties Commission.
C.	Elected unanimously to the Fayetteville Redevelopment Commission was Mrs. Kaye	Huggins.
D.	Nominations for Personnel Review Board alternate member were postponed.
	Councilmember McBryde nominated Ted Rhodes, Jr. and Councilmember Evans nominated Bill Pollitt to fill one vacancy on the Fayetteville Revitalization Commission, due to the resignation of Art Hooker.
18.	Delegations or individuals wishing to address Council:
	None present.
19.	Administrative Reports:
A.	City Manager presented the statement of tax collection for the month of November, 1985.
B.	Motion by Councilmember Wofford, seconded by Councilmember Dawkins to set a Special Meeting on December 19, 1985, 7:00 p.m., City Hall Council Chamber to discuss Air Cargo, Prince Charles Hotel project and final plans on Ray Avenue.
20.	Matters of Interest to Council:
	Councilmember Wofford questioned our position regarding the traffic flow around the Market House.
	Mr. Smith responded that this would be a subject to be brought up at an information meeting and nothing would be done until they voted on it.
	Councilmember Evans made a proposal that City Council give our City Manager some protection for job termination, such as at least three months of pay.  Council agreed that this is a subject for the Policy Committee.  Mrs. Evans also stated to Mayor and Council that she was distressed over a telephone call from a friend who stated the Sunday School teacher told the class that Councilmember Evans had requested that there be no more prayer in City government.  Mrs. Evans asked the Mayor to state for the record, if she had ever made such a request.  To which the Mayor responded no, he had never heard this.
	Councilmember Dawkins notified Council that Vincent Shields, former Councilmember, had a stroke last week, but he is reported to be doing better.
	Councilmember McBryde suggested that traffic being opened on the Olde Fayetteville Commons for the holidays be discussed Mr. McBryde stated he would also like to know about the plans for Old Street paving in the near future.
	City Manager responded by suggesting that we get Ray Avenue open first and then come back with a resurfacing project on Old and Franklin Streets.  Mr. McBryde cautioned that businesses would suffer if it was going to be a long range project unless other provisions were made.
	Councilmember Dawkins stated something should be done to allow traffic on Hay Street in some manner.  Following some discussion, it was agreed that something would be decided at Thursday's meeting.
	Councilmember Evans complimented the Olde Fayetteville Association on the Christmas decorations.  She feels they are the most beautiful ever.  Mr. McBryde stated that as a member of the Olde Fayetteville Association they appreciated PWC putting the decorations up.
	City Manager Smith reminded Council they might want to hear from the consultant doing the Economic Development Study on Thursday, also.
	Mayor thanked the police officer for being in attendance.
	There being no further business, the meeting was adjourned at 10:37 p.m
SPECIAL MEETING
THURSDAY, DECEMBER 19, 1985
	FAYETTEVILLE CITY COUNCIL
	SPECIAL MEETING
	CITY HALL COUNCIL CHAMBER
	THURSDAY, DECEMBER 19, 1985
Present:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Mildred Evans, J.L. Dawkins, Milo McBryde, Jimmie Jones, 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.  Councilmember Jones offered the invocation and Mayor Hurley led the Pledge of Allegiance to the Flag.
	Councilmember Dawkins stated that he might have to leave the meeting early due to illness in his family.
1.	Consideration of ordinance amending Chapter III, “Governing Body", and Chapter IV, “Elections" of the Charter of the City of Fayetteville (creating City Council consisting of district and at-large representation and that Mayor should only vote in case of a tie).  Second Reading.
	Councilmember Wofford offered motion to adoption the second reading of the ordinances, seconded by Councilmember McBryde and carried with Councilmembers Evans, Jones and Felton voting no.
	AMENDING CHAPTER III, “GOVERNING BODY" IN CHAPTER IV, “ELECTIONS", OF THE CITY CHARTER REGARDING THE ELECTION OF THE MAYOR AND CITY COUNCIL AND THE VOTING AUTHORITY OF THE MAYOR.  S1985-17.
2.	Consideration of resolution establishing the boundaries of City Council election districts.
	City Attorney presented this item.  He stated that the statutes allow Council to reflect on the map that is kept in the office of the City Clerk, what the election districts are.  He stated it would be appropriate to adopt a resolution stating this map will be available for view and to send a reduced copy with the submissions to be Voting Rights Commission.
	Mr. Cogswell further stated that there is a correction in the first paragraph in the resolution.  It should also state there were two readings.
	Councilmember Dawkins moved to adopt the resolution with the correction, seconded by Councilmember Wofford.  Motion carried with Councilmembers Evans, Jones and Felton voting no.
	APPROVING DISTRICTS FOR CITY ELECTIONS.  RESOLUTION NO. R1985-119.
	Mr. Cogswell stated that the submission will be sent off tomorrow to the Department of Justice if all goes well.  The Board of Elections is also prepared to send their map with the same lines tomorrow.
3.	Consideration of approval as to form of the following documents relating to Fayetteville air Cargo Facilities, Inc., $1.2 million Revenues Bond (Hill-Benson, Ltd., Project) continued from the December 15, 1985 meeting:
	a.	Bond Purchase agreement
	b.	Bond
	c.	Load Agreement
	d.	Promissory Note
	e.	Leasehold Deed of Trust
	f.	Guaranty Agreement
	g.	Release
	h.	Letter of Credit
	i.	Assignment of Rents
	The City Attorney presented this matter and stated there were still a few more minor changes to the documents dealing only with the language and no with our liability.
	Councilmember Jones offered motion, seconded by Councilmember McBryde to adopt resolution as of December 19, 1985.  Motion carried authority.
	RESOLUTION APPROVING ISSUE OF $1,200,000 REVENUE BOND (HILL-BEASON LTD. PROJECT) R1985-120.
4.	Consideration of approval and authorization for Mayor to execute Indemnification Agreement relating to Fayetteville Air Cargo Facilities, Inc., $1.2 million Revenue Bond (Hill-Beason, Ltd., Project).
	Councilmember Dawkins offered motion, seconded by Councilmember Evans and carried unanimously to authorize the Mayor to execute Indemnification Agreement relating to Fayetteville Air Cargo Facilities, Inc.
	At this point, Mayor Hurley acknowledged those present and others who have been at Council meetings numerous times and worked so hard to get this facilities at the Airport.
	Airport Manager, Tom Ray gave a summary of what this project means to Fayetteville.
5.	Fayetteville Progress report on economic strategy.
	John Monaghan, Jr. presented a background on the report to be given on this matter.  They want to tap into the local resources at hand within our own community.
	Mr. Ross Boyle, with McManess Associates, was brought in this summer to look at business and the needs and how we sell or strengthen what we have.  He gave a thorough report on his findings.  The next report to Fayetteville Progress will be the end of January or early February.
6.	Consideration of plan for Ray Avenue project.
	This item was presented by Bob Bennett.  He have a report on the project and presented a display.  The target completion date is July, 1986 and cost of general contract would be $450,000 to $500,000.
	Motion was made by Councilmember Evans, seconded by Councilmember Felton and carried unanimously to authorize City engineer to advertise for bids.
	Mr. Smith suggested that due to the discussion regarding opening Hay Street to traffic, that they announce it would be open the next two Sundays, Christmas Day and New Year's Day.  Council agreed with this suggestion.
	Councilmember Dawkins questioned the schedule for trash pickup during the holidays.  Mr. Smith responded that there would be pickup.
	Councilmember Jones asked about a one-half day on Christmas Eve for City employees.  Mr. Smith responded that when work has been completed, they usually let employees leave early on this day.
	Councilmember Dawkins announced that his daughter graduated today from UNC-Winston Salem.  Now both of their children are college graduates.
7.	At 8:48 p.m. Councilmember Jones offered motion, seconded by Councilmember Felton and carried unanimously to go into executive session for a litigation matter.
	Council reconvened into regular session at 9:20 p.m. and adjourned.
SPECIAL MEETING
MONDAY, DECEMBER 30, 1985
FAYETTEVILLE CITY COUNCIL
SPECIAL MEETING
KYLE HOUSE CONFERENCE ROOM
MONDAY, DECEMBER 30, 1985
5:30 P.M.
Present:	Mayor Bill Hurley
Milton Wofford, J. L. Dawkins, Milo McBryde, Jimmie Jones, Emaretta Felton
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
Absent:		Councilmember Mildred Evans (unexcused:  to be counted as an affirmative vote)
	Mayor Hurley called the meeting to order and offered the invocation.
	Mayor Hurley first recognized Richard Herrera, Director of Community Development for the first item on the agenda, consideration of issuance of Downtown Redevelopment Loan to William A. Pollitt and wife, Mary P. Pollitt for repair, rehabilitation, construction and/or reconditioning of property at 329 Hay Street.  Mr. Herrera recommended that the Council approve this loan in the amount of $150,000.  Mr. Pollitt presented the plans for the building.  Mayor Hurley opened the public hearing and no one appeared in opposition.  Upon motion by Councilmember McBryde, seconded by Councilmember Jones, the Council voted unanimously to follow Mr. Herrera's recommendation with the date of the loan agreement to be December 30, 1985.
	Mayor Hurley then opened the public hearing on the offer of LaFayette Associates to lease the Farmer's Market for development from the City of Fayetteville.  Mr. Roland Gammon discussed the project and its financing.  Mr. John Monaghan, Fayetteville Progress, also discussed the project.  No one appeared in opposition to the lease.  Upon motion by Councilmember Wofford, seconded by Councilmember Felton, the Council voted unanimously to approve the lease with the following changes from the previous lease:
	1.	Ending date to be April 30, 1986
	2.	Rent payments to begin the first day of the first month of the sixth year.
	There being no further business, Mayor Hurley adjourned the meeting at 6:10 p.m.