1983 - MEETING MINUTES
CITY OF FAYETTEVILLE,
NORTH CAROLINA
SPECIAL MEETING
FEBRUARY 22, 1983
	FAYETTEVILLE CITY COUNCIL
	SPECIAL MEETING
	KYLE HOUSE CONFERENCE ROOM
	FEBRUARY 22, 1983
	7:00 P.M.
Present:		Mayor Bill Hurley
Councilmembers:	Jimmie Jones, Milo McBryde, J.L. Dawkins, Aaron Johnson, Mildred Evans, Milton Wofford
Others Present:	John P. Smith, City Manager
			Roger L. Stancil, Assistant City Manager
			Robert C. Cogswell, Jr., City Attorney
			D. K. Dixon, Chief of Police
	Mayor Hurley called the meeting to order and Councilmember Evans offered the invocation.  The purpose of this Special Meeting was for the Council to conduct the periodic evaluations it holds with Council-appointed employees.
	Chief D.K. Dixon of the Police Department first presented a report on the activities of that department.  Council then discussed various police activities with the Chief.  City Attorney Cogswell and City Manager Smith then met individually with the Council to discuss their jobs.
	The meeting was adjourned at 9:00 p.m.
REGULAR MEETING
MONDAY, FEBRUARY 21, 1983
	FAYETTEVILLE CITY COUNCIL
	REGULAR MEETING
	CITY HALL COUNCIL CHAMBER
	MONDAY, FEBRUARY 21, 1983
	7:00 P.M.
Present:		Mayor Bill Hurley
Councilmembers:	Milton Wofford, Milo McBryde, J.L. Dawkins, Aaron Johnson, Mildred Evans and Jimmie Jones
Others Present:	John P. Smith, City Manager
Roger L. Stancil, Assistant City Manager
Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and the invocation was offered by Councilman Rev. Aaron Johnson.  Following the invocation Mayor Hurley lead the audience in the Pledge of Allegiance to the flag.
	Mayor Hurley then issued a cordial welcome to all present in the audience this evening.
	Mayor Hurley recognized Mr. Wofford who announced that the Blue Law discussion is being held by the County Commissioners in the Courthouse tonight and not here.
1.	Consent:
	Prior to actions on the consent items, Mr. Cogswell offered corrections to Item 1. H, on the Southern National Bank lease at the Airport and Item 1. I, the National Car Rental Service Area lease at the Airport.
	Following these corrections, Mr. Dawkins offered motion, seconded by Rev. Johnson and carried unanimously to approve the following consent items with the corrections indicated by the City Attorney.
A.	Approval of the minutes of the Regular Meeting of February 7, 1983.
B.	Set public hearing for March 21, 1983 by a resolution to file and publish preliminary assessment roll for the paving of Bell Street from Eastern Boulevard to South King Street.
	RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR PAVING AND OTHER IMPROVEMENTS ON BELL STREET.  RESOLUTION NUMBER R1983-9.
	A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1983.
C.	Set public hearing for March 21, 1983 by resolution and order to file and publish preliminary assessment roll for the paving of Ernest Street from Pennsylvania Avenue to the eastern line of Broad Acres subdivision, Plat Book 17, Page 35, Cumberland County Registry.
  	RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR PAVING AND OTHER IMPROVEMENTS ON ERNEST STREET.  RESOLUTION NUMBER R1983-10.
	A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1983.
D.	Set public hearing for March 14, 1983 for consideration of an application by Fountainhead-Hay for a special use permit to operate a flower and antique boutique and a coffee shop (Tea Room) in a P2 Professional District as provided for by the Fayetteville zoning ordinance Section 32-27 (11) for an area located at 717 Hay Street.
E.	Conditional approval of Holt Oil Company site plan in a CIP Shopping Center District for preliminary and final review located on the northeast corner of U.S. 401 Bypass and Morganton Road.
F.	Conditional approval of Pleasant Valley Section 9 subdivision review and addition in an R10 Residential District for preliminary and final review located along the north side of Sandhill Drive.
G.	Authorize the City Manager to sell through private sale approximately 1,500 gallons of surplus used oil and surplus ceramic molds by the adoption of the following resolution.
	RESOLUTION AUTHORIZING SALE OF SURPLUS PROPERTY. RESOLUTION NUMBER R1983-12.
	A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1983.
H.	Authorize the renewal of Southern National Bank lease at the Airport as corrected by the City Attorney.
I.	Approval of lease for rental car service area at the Airport to National Rent-A-Car.
J.	Elect Mr. Vincent Shields to the Police Benefit Fund Board of Trustees.
2.	Public Hearings:
A.	Consideration of a final resolution requiring the paving pursuant to petition of Hedgepeth Street from Southern Avenue to dead end.   The recommended action was adoption.
	The City Engineer presented this item and stated that a valid majority petition had been submitted and that all property owners had been notified.
	There was no opposition present.
	Following brief discussion Mrs. Evans offered motion, seconded by Mr. McBryde and carried unanimously for the adoption of the resolution approving the paving.
	FINAL RESOLUTION REQUIRING THE PAVING PURSUANT TO PETITION OF HEDGEPETH STREET.  RESOLUTION NUMBER R1983-11.
	A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1983.
B.	Consideration of Community Development Block Grant Funding for Fiscal Year 1983-1984.  The recommended action was approval.
	Mayor Hurley recognized Mr. Richard Herrera, Executive Director of Community Development and Mr. Herrera stated that public hearings had been held on January 25, 1983 and January 27, 1983 to receive input on this matter and a list was provided to the Council this night in their agenda packet for the projects suggested for funding.
	Mr. Herrera also stated a list of streets in the target areas had been provided.
	Mayor Hurley stated that since this was a public hearing he would recognize any persons from the audience.
	Mr. Donald C. Fuller, 517 McDaniel Street was recognized for himself and others in the audience in favor of the requested projects funding.
	There was no opposition present.
	Following some discussion, Rev. Johnson commended the Redevelopment Commission and staff for the fine program projects.
	Rev. Johnson then offered motion, seconded by Mr. Jones and carried unanimously to approve the recommendations of the Community Development Department.
	At this point Mayor Hurley recognized the Chairman and members of the Blue Ribbon Study Commission present in the audience this evening.   He stated that this Commission had been meeting since November 18 studying the City's Civil Service Commission.
	Mayor Hurley recognized Mr. Jeff Thompson, Chairman of the Committee and the following members:  Mr. Howard Bullard, Mr. June Goforth, Mr. Wick Smith, Mrs. Annetta Cobb, Mr. Joseph Pillow and Mary Wright.  Mayor Hurley then presented a framed certificate of appreciation to Mr. Thompson and stated that he will present the same certificate to other members of the Commission at a later date.
	Mr. Thompson then presented the Committee's report to the City Council.  He stated the report covered three major categories.  1.  A general overview, 2. The findings, 3.  The recommendations.  Mr. Thompson stated the Commission had found the Civil Service Commission obsolete and that it should be updated.  He stated the finding was that the argument is with the law.  He stated also that inequities exist.  He stated that the Civil Service Commission should be an appeals board.  He stated that lack of tenure exists.  He stated the Committee feels that appointments should be made by the City Manager.
	He recommended a restructuring of the Civil Service Commission consisting of a five-member panel serving staggered terms limited to two consecutive three-year terms of office.
	Concerning duties, the Commission should be an appeals board and should have subpoena power and should also serve as an advocate of the employee.
	This concluded Mr. Thompson's abbreviated report and Mayor Hurley extended thanks to Mr. Thompson and the Commission for their report and recommendations. He stated that now the City Council will meet with the Civil Service Commission at some future date.  This date was set tentatively for Thursday, March 3.
	Following Mayor Hurley's remarks, Mrs. Evans extended thanks to Mayor Hurley for the idea of appointing this Blue Ribbon Commission.
	Mayor Hurley then stated the Council would consider the next item on the agenda this evening.
3.	Public Works Commission Matters:
A.	Consideration of an application for one 1-inch water connection to existing main to serve existing residents at Box 170 Airport Road outside the City. Recommended action was that PWC recommends approval.  PWC Manager Muench presented these items.
	Following brief discussion, Mrs. Evans offered motion to approve the foregoing connection and recommended, seconded by Rev. Johnson and carried unanimously.
B.	Consideration of an application for one 1-inch water connection to existing main to serve existing residence at 2503 Camden Road, outside the City.  The property is contiguous to the present City limits and the owner will petition for annexation.  The recommended action was PWC recommends approval.
	Following brief discussion, Mr. Wofford offered motion for approval of the foregoing as recommended, seconded by Mr. McBryde, carried unanimously.
C.	Consideration of an application for water and sanitary sewer connections to existing main to serve property at the corner of Andy and Clyde Streets in the Bonnie Doone area.  This application (for water main extension on Clyde Street) was deferred at the last City Council meeting.  Connections can be made on Andy Street without extension.
	The recommended action was PWC recommends approval.
	Mr. Jones offered motion for approval of the foregoing as recommended, seconded by Mr. Dawkins and carried unanimously.
D.	Consideration of outside extension of water to serve Section III of Car-Milt Estates.
	The recommended action was that PWC had deferred action on this matter.
	Council recognized Mr. Dave Averitte, President of Averitte Engineering Company in behalf of this matter and this request.
	Mr. Averitte informed Council that PWC had deferred action on his request for this extension from Section 1 and 2 of Car-Milt Estates to serve Section III because it is against their policy of extending water outside the City.  Mr. Averitte stated he was aware of the problems of the City Council.  He stated the PWC has extended water to serve other areas of this subdivision.  He stated he had a deadline of March 1st for this extension or that considerable funds would be lost.  He stated he presented this request to PWC on February 11 and the extension is within the PWC policy.  He stated that action had been deferred.  He stated he was willing to be annexed and requested that City Council consider his request on its merits.
	Council then recognized PWC Manager Muench who stated that Mr. Averitte had made a good presentation to PWC but PWC is under no obligation to extend service in the County.  He stated that PWC had revised its policy sometime ago regarding extensions outside the City as they relate to the annexation law.  He stated he regreted that Mr. Averitte was caught in this change of policy.
	Rev. Johnson stated that the PWC policy was endorsed in 1981 by the City Council.
	Mr. Wofford stated that the extension policy was directly connected to the present annexation law concerning Cumberland County.
	Mr. Wofford then offered motion, seconded by Mr. McBryde to uphold the PWC policy and defer this request.
	Considerable discussion followed and then Mayor Hurley called for a vote on the motion and it carried unanimously.
4.	Progress report on the Bicentennial Celebration by Mrs. Martha Duell.
	Council recognized Mrs. Duell who stated that the celebration activities are one month away.  She stated that her presence before Council tonight was not a request for money.  She stated that her organization supported the presentation of a gift from the citizens to the City.  She stated they were $3,000 short of their goal at the present time.  She presented a picture of the statute of General Lafayette which would be presented to the City.  She stated during the two-day celebration on April 9 and 10 various activities are planned.  She urged the City Council to be present for these activities.  She stated a parade would be held at 10:00 a.m. on the unveiling of the statue.  She stated a banquet would be held at 7:00 p.m. at the Bordeaux center.  She stated that General Lafayette's great grandson would be present for the festivities.  She requested that the City fund an appropriate gift for General Lafayette's great grandson.  She concluded her presentation by extending an invitation to all City Council members to attend.  She then introduced Mr. Bruce Daws who presented comments concerning the parade.
	Mayor Hurley then extended the thanks of himself and the Council to Mrs. Duell and to Mr. Daws for their efforts on behalf of the bicentennial celebration.
5.	Progress report on the Dogwood Festival by Mr. John Malzone.
	Mayor Hurley recognized Mr. Malzone who stated to Council that it was a pleasure to be present before them this evening.  He stated that the plans for the Dogwood Festival are just about finished.  He stated that the City, County, Fort Bragg, Pope Air Force Base and several others are working together on this project.  He stated that April 16 to the 24 are the dates for the festival.  He stated that a parade would be held and a Miss Fayetteville pageant.  On the 19th and 20th there would be a civic showcase.  On the 21st there would be the YMCA basketball game.  On the 22nd there would be five separate golf tournaments.  On the 23rd Congressman Charlie Rose would be present to speak.  There is also scheduled a stock car race.  Fayetteville Symphony will present a performance.  Comedian Red Skelton would be present one evening.  On the 24th the Arts Council would present Sunday on the Square.  There would be a tour of historical Fayetteville including the churches.  There would be a marathon run.  The Hartness New York City Ballet would present a performance at the Auditorium.  There is also planned a beautiful dogwood trail.  Mr. Malzone stated that the organization did need funds for this project and that they were selling shares.  He requested a token contribution for these stock certificates.
	Mayor Hurley extended thanks to Mr. Malzone for this report and stated that there was a plan to utilize $500 from the Mayor's fund in the budget to help support the festival.  The City Council agreed enthusiastically with this proposed contribution.
6.	Discussion of the proposed Cain Road Thoroughfare.
	Mayor Hurley recognized Planning Director Cliff Strassenburg who presented a report on this matter.
	Mr. Strassenburg stated he was chairman of the coordinating committee and present tonight to present a report of the technical coordinating committee on Cain Road.  He displayed a map of the thoroughfare plan.  He stated the Cain Road project was a minor thoroughfare to move traffic across town in limited areas.  He stated it was in an 80-foot right-of-way with various turning lanes. He stated it contained moderate cross-sections with a proposed speed limit of 35 miles per hour.  He stated it was to be compatible with the areas it passed through.  Be stated it would serve the users of FTI and Honeycutt Park and other areas.  He stated this project was first placed in the thoroughfare plan in 1952.  He stated it was 13 and 1/2 miles long.  Be commented on the private development activities such as the country club and Scotty Hills area.  He displayed charts showing the proposed route through Huntington Park and Stratford Hills.  He stated the Ireland Drive right-of-way had been dedicated as well as the Legion Road right-of-way.  He presented the impact if the project is deleted from the thoroughfare plan.  These would be the burden of traffic elsewhere, delays at intersection, vehicular accidents and heavy traffic along local streets.  He mentioned the accident potential along the various streets involved.  He stated there would be cost-savings of 1.9 million dollars.  Finally, to sum up, he stated the TCC says traffic flow would be needed and there would be road-user benefits.  Be stated the TCC felt the Cain Road, Ireland Drive project is valid and said it should be retained and this concluded his presentation.
	Mayor Hurley then asked for discussion and any possible action on this matter by City Council this evening.  Mrs. Evans suggested that the City Council call for a public hearing on this matter.
	Mr. McBryde dissented and suggested that City Council make a decision this evening.
	Mr. Dawkins reminded all present that 100% local money must be used for this project but that he was ready to take action tonight.
	Mr. McBryde then offered motion to allow the people in the audience here tonight to speak and that Council take action following this.  Motion seconded by Mr. Wofford.
	Following some further discussion, Mr. Dawkins offered substitute motion that Cain Road within the City's jurisdiction be taken off the thoroughfare plan.  Motion seconded by Mr. Jones.
	Mr. McBryde then withdrew his motion and following some discussion, Mayor Hurley called for a vote on the substitute motion and it carried unanimously.
	The action received an enthusiastic round of applause from those persons present in the audience this evening to hear this matter.
	Mayor Hurley then declared a five minute break.
	City Council then reconvened and considered the next item on the agenda.
7.	Consideration of authorization for the County to sell two parcels of land:
A.	Lots 7 and 8, Block G, College Heights.
	The City Attorney was recognized and recommended that the County be authorized to sell these lots for $1,650 subject to three utility easements.
	Mr. Jones then offered motion, seconded by Mr. Dawkins and carried unanimously to follow the foregoing recommendation of the City Attorney and authorize the County to sell these lots for $1,650 provided it is advertised and by posting a sign on the property for 30 days.
B.	121 Jasper Street, Lot 31 and strip.  The City Attorney recommended that the County be authorized to sell this lot for $2,948.78.
	Following brief discussion, Mrs. Evans offered motion to follow the recommendation of the City Attorney and to authorize the County to sell this lot for $2,948.78 after advertising and the placement of a sign on the property for 30 days, seconded by Rev. Johnson and carried unanimously.
8.	Appointments:
A.	Nominations to fill one vacancy on the Energy Advisory Committee (Category - Business).
	Mayor Hurley nominated Mr. James Creech.
B.	Nominations to fill the unexpired term of Marion C. George, Jr. on the PWC Retirement Plan Board.  (Category - accountant, preferably certified).
	No nominations were offered for this vacancy.
	Mayor Hurley then recognized Mr. Dawkins who stated that Mr. George Hines had resigned from the Advisory Recreation and Parks Commission and that Council needed to consider a nomination for his vacancy.
	Mr. Dawkins then moved to accept with regret the resignation of Mr. George Hines and nominated the Rev. John P. Stephenson, III.
	Mayor Hurley stated these nominations would be considered at the next meeting of the Council.
9.	Delegations:
	Mr. Donald C. Fuller was again recognized on the Community Development matter heard earlier this evening.  He stated that there were two or three houses on Moore Street which were scheduled to be torn down.  He suggested moving these houses onto lots needed in the redevelopment area as an alternate to being torn down.
	Mayor Hurley referred Mr. Fuller's recommendation to Mr. Richard Herrera, Executive Director of Community Development.
	Mr. Dave Averitte was again recognized with additional comments regarding his referral earlier in the meeting to being a stockholder in the Public Works Commission.
10.	City Manager's Reports
	The City Manager reminded the City Council of the upcoming League of Municipalities regional meetings and suggested that City Council plan to attend the meeting in Clinton, North Carolina on March 16.  Be requested that Council inform him as to who plans to attend so that he can make reservations.
	The City Manager reminded Council of the meeting tomorrow night at 7:00 p.m. in the Kyle House.
	The City Manager requested an information meeting next Monday night, however, several Council members could not be present so the meeting was tentatively set for Tuesday, March 1 at 7:00 p.m. in the Kyle House.
	Mayor Hurley informed the Council of the Eccles Park dedication ceremony opening the new segment of Bow Street set for Thursday, March 3rd at 12:30 p.m.  He stated they would receive reminder information on this.
11.	Matters of Interest to the Council.
	Mr. Jones expressed the appreciation of the people off Ramsey Street at Law Road for the new traffic signal.
	Rev. Johnson commented on the planned study done in Texas on high technology and suggested that the Advisory Commission meet to study this plan and stated that Mrs. Evans, Chairman of this Commission, had agreed to this proposed meeting.
	Mr. Dawkins stated he was concerned about the streets and roads for Cumberland County and of the DOT's appropriation for same.  He commented also on the proposed sales tax.  He stated that the Airport connector bids are to be let soon.  He suggested that the legislative delegation will give serious consideration to these matters and that the DOT will consider priorities concerning them.
	Mr. Wofford stated that Mr. Bernard Stein had expressed his concern concerning the parking lot behind the Capitol Department Store which would be closed on an important sales day, Washington's Birthday sale due to construction.  Mr. Wofford suggested that there was a need for coordination by the City Engineer on this and on the upcoming Transit Mall construction.  Mr. Wofford suggested a mall management system.  City Manager Smith replied that a full-time coordinator is being considered for this matter.
	Mr. Dawkins suggested making the traveling public aware of the change on Old Street from one-way East to one-way West.  The City Engineer replied that this would be advertised and notices sent to the business places on Old Street.
	Rev. Johnson suggested that the Police Department issue warning notices rather than citations to motorists making the mistake of traveling the wrong way on this street for the initial period.
	Mayor Hurley stated to Mr. Cogswell that at the last meeting, Assistant Airport Manager, Tom Ray had stated that some Airport leases are antiquated and suggested a serious review of all leases.
	City Attorney Cogswell replied that he was aware of the situation.
	Thereafter all matters of business having been concluded, this regular session of the Council was adjourned at 9:50 p.m. upon motion made and duly seconded.
INFORMATION MEETING
MARCH 1, 1983
FAYETTEVILLE CITY COUNCIL
INFORMATION MEETING
KYLE HOUSE CONFERENCE ROOM
MARCH 1, 1983
7:00 P.M.
Present:	Councilmembers Jimmie Jones, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans, Milton Wofford
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		John M. Monaghan, Assistant City Manager
		Bob Bennett, City Engineer
Absent:	Mayor John W. Hurley
	Mayor Pro-tem Dawkins called the meeting to order and the invocation was offered by Councilmember Johnson.
	Council first heard a report on the status of the Municipal Market from John Monaghan.
	City Manager Smith presented the Council with information on a proposed deferred compensation plan for City employees and a proposal for making employee contributions to the Local Governmental Employee's Retirement System tax exempt.  Council indicated their concurrence with both proposals and asked the City Manager to prepare recommended action for their next meeting.
	City Manager Smith then presented a revised sidewalk policy to the Council for its consideration.  Council requested that this revised policy first be considered by the policy committee and then recommended by that committee to the Council.  A meeting of the Policy Committee to discuss the sidewalk policy and the proposed wrecker ordinance was set for March 15, 1983, 7:00 p.m. in the Council Chambers at City Hall.  Interested parties are to be invited to this meeting with one hour and a half devoted to each issue.
	Council next heard a review of the City's vehicle policies and the current status of assigned vehicles and vehicle allowances.
	There being no further business, the meeting was adjourned at 10:15 p.m.
SPECIAL MEETING
MARCH 3, 1983
FAYETTEVILLE CITY COUNCIL
SPECIAL MEETING
MASSEY HILL RECREATION CENTER
MARCH 3, 1983
7:30 P.M.
Present:	Councilmembers Jimmie Jones, Milo McBryde, J. L. Dawkins, Mildred Evans, Milton Wofford;
		Civil Service Commission:  Harvey Beard, Jean Pridgen; Blue Ribbon Study Commission:  Howard Bullard, J. Wick Smith, Annetta Cobb, Joseph Pillow, Mary Wright 
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
		Chief Thurman Bishop, Fire Department
		Captain James H. Hart, Police Department 
Absent:	Mayor John W. Hurley
Councilmember Aaron Johnson
	Mayor Pro Tem Dawkins called the meeting to order at 7:30 p.m. and offered the invocation.  Mayor Pro Tem Dawkins then presented certificates of appreciation from the City of Fayetteville to the members of the Blue Ribbon Study Commission on the Civil Service Commission.
	Howard Bullard, Vice Chairman of the Study Commission, then summarized the activities and operations of the Commission and the people with whom the Commission had met.  Council then considered the recommendations of the Study Commission including structure, duties, appeal procedure, practice before the Commission, and appointment of chiefs.
	There being no further business, the meeting was adjourned at 9:10 p.m.
JOINT MEETING WITH CUMBERLAND COUNTY BOARD OF COMMISSIONERS
FRIDAY, MARCH 4, 1983
FAYETTEVILLE CITY COUNCIL
JOINT MEETING WITH CUMBERLAND COUNTY
BOARD OF COMMISSIONERS
CUMBERLAND COUNTY COURTHOUSE
FRIDAY, MARCH 4, 1983
11:00 A.M.
Present:	Mayor John W. Hurley
		Councilmembers Milton Wofford, Milo McBryde, J.L. Dawkins, Aaron Johnson, Mildred Evans
		County Commissioners Virginia Thompson, Charles Speegle, Morris Bedsole, J.McN. Gillis, Mary McAllister
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
		Harry Perkins, County Manager
		Neill Yarborough, County Attorney
Absent:	Councilmember Jimmie Jones
	Chairman Thompson called the meeting to order and informed those present that the Board of County Commissioners voted unanimously to hold a referendum on the Blue Law.  The purpose of this joint meeting is to discuss the issues and mechanics involved in such a referendum and answer any questions.  County Attorney Yarborough made a presentation on the referendum.  Although no formal action was taken, the consensus of the County Commissioners was that the wording of the referendum should be as follows:  “I am in favor of a Sunday Closing Ordinance (Blue Law)" and “I am opposed to a Sunday Closing Ordinance (Blue Law)".
	County Attorney Yarborough informed the group that it would take approximately 120 days before a referendum could be held.  Be also indicated that if the County-wide vote were favorable and the Commissioners decided to enact a County Blue Law, that the City of Fayetteville's Blue Law would be adopted by the County.
	There being no further business the meeting was adjourned at 12:00 noon.
REGULAR MEETING
MONDAY, MARCH 14, 1983
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
MONDAY MARCH 14, 1983
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
John M. Monaghan, Jr., Assistant City Manager for Economic and
  Community Development
Robert C. Cogswell, Jr., City Attorney
Bob Bennett, City Engineer
Al Mitchell, Planner
	Mayor Hurley called the meeting to order and the invocation was offered by Rev. Johnson Gupton, Second Baptist Church.  Following the invocation Mayor Hurley led the audience in the Pledge of Allegiance to the Flag.
	Mayor Hurley brought attention to the renovation work that was done on the Council Chamber and regretted that there were not more present in the audience to enjoy all the hard work that was done.
	Mayor Hurley then recognized the Youth Council Representatives present in the audience and they were Jill Hensdale and Steve Wilson.
1.	Consent:
	Councilmember Dawkins had requested to abstain on Item 1H; Councilmember Evans requested that Item 1F be pulled for discussion; Councilmember Wofford requested Items H and I be pulled for discussion; and Mayor Hurley requested that Item M be pulled.
	Councilmember Wofford offered motion to approve the following Consent items with the exception of Items F, H, I and M, seconded by Councilmember McBryde and carried unanimously.
A.	Approved of the Minutes of the Regular Meeting of February 21, 1983.
B.	Approved of the Minutes of the Special Meeting of February 22, 1983.
C.	Approved of the Minutes of the Information Meeting of March 1, 1983.
D.	Approved of the Minutes of Special Meeting of March 3, 1983.
E.	Public Hearing was set for April 18, 1983 to consider the rezoning from R10 Residential District to C(1)P Shopping Center District or to a more restrictive zoning classification, an area located on the northwest corner of Stamper Rd. and Bragg Blvd.
G.	Conditionally approved Bordeaux Lawn and Garden Center, Inc.  Addition in a C(1)P Shopping Center District for preliminary and final review located on the northwest corner of Owen Drive and Boone Trail.
J.	Awarded contract to McDonald Grading Company (low bidder) in the amount of $62,994 for FBO Access Road subject to FAA approval.
K.	Amended the contract with Wilbur Smith and Associates for Airport consulting services in the amount of $17,038, subject to FAA approval (local F1 match 5%).
L.	Adopted a resolution establishing deferred compensation plan for city employees through the International City Management Association - Retirement Corporation (ICMA-RC).
	RESOLUTION ESTABLISHING DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES THROUGH ICMA-RC.  RESOLUTION NUMBER R1983-13.
	A copy of the foregoing resolution is on file in the Resolutions Book R1983.
N.	Adopted Capital Project Ordinance amendment for purchase of the Cumberland County Courthouse Annex property.
O.	Elected nominee to fill one vacancy on the Energy Advisory Committee Mr. James Creech.
P.	Elected nominee to fill the unexpired term of George Hines on the Advisors Recreation and Parks Commission - Rev. John P. Stephenson, III.
	Term to October of 1984.
1F.	Mayor Hurley then referred to Item 1F pulled from the Consent items for conditional approval of Advance Auto Store in a C(1)P Shopping Center District for preliminary and final review located on the north side of US 401 bypass (Raeford Rd.) across from Ireland Drive extension.  Planner Al Mitchell presented this item.
	Following some discussion regarding the sidewalks at this location, Councilmember Evans offered motion to conditionally approve the Advance Auto Store but with paved sidewalks, seconded by Councilmember Johnson.
	Councilmember McBryde then offered substitute motion to approve as submitted by the Planning Board, seconded by Councilmember Wofford.  The motion failed with Mayor Hurley, Councilmember Johnson, Evans, and Jones voting no.
	Mayor Hurley then stated they would return to the main motion which was to conditionally approve with paved sidewalks.  The motion passed with Councilmembers Dawkins, McBryde and Wofford voting no.
	IH also pulled from Consent items was the conditional approval of Show Biz Pizza Place in a C(1)P Shopping Center District for preliminary and final revision review located on the Westside of North McPherson Church Road approximately 1,805 feet south of US 401 Bypass.  Councilmember Wofford stated that this item was pulled for discussion in regard to sidewalks and Planner Mitchell stated that the petitioner is volunteering to put in the sidewalks and the City is volunteering to pay the 50%.  This is a standard procedure.
	Councilmember Wofford offered motion seconded by Councilmember Jones to approve as recommended by the Planning Department.  Motion carried with Councilmember Dawkins abstaining.
1I.	1I Approval of tax refunds was pulled for discussion by Councilmember Wofford.  He stated that on Item E and G under this item, it seemed to be the mistake of the people requesting the tax refunds rather then the mistake of the City or County.  Following brief discussion Councilmember McBryde offered motion to approve Items A through I with the exception of E (Fasco Industries) and G (Lexington Homes Inc), seconded by Councilmember Dawkins and carried unanimously.
	Mayor Hurley stated that the reason he requested item M to be pulled is to have the resolution clarified.  Following the City Manager Smith's clarification, Councilmember Evans offered motion to adopt the following resolutions as presented seconded by Councilmember Johnson and carried unanimously.
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE TO ELECT A TAX SHELTER OF EMPLOYEE'S CONTRIBUTIONS PAYABLE AS MEMBERS OF THE NORTH CAROLINA LOCAL GOVERNMENTAL EMPLOYEE'S RETIREMENT SYSTEM.   RESOLUTION NUMBER R1983-14.
	A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1983.
2.	Public Hearings:
A.	Consideration of application by Fountainhead-Hay for a special use permit to operate a flower and antique boutique and a coffee shop (tearoom) in P2 Professional District as provided for by the Fayetteville Zoning Ordinance, Section 32-27(11) for an area located at 717 Hay Street.
	Mrs. Lynn Leath, petitioner, appeared before Council and stated they were very interested in the development of this area and in the Haymount plan.
	No one appeared in opposition.
	Councilmember Jones offered motion to conditionally approve as recommended by the Planning Department, seconded by Councilmember Evans and carried unanimously.
B.	Council next gave consideration of a Downtown Redevelopment Loan to “Best-of-Bow".  The City Attorney recommended that Council continue this public hearing due to this particular loan not being ready.  Councilmember McBryde offered motion to continue this item until April 18, seconded by Councilmember Jones and carried unanimously.
3.	Public Works Commission Matters:
	Mr. Tim Wood presented the PWC matters.
A.	Council gave consideration of an application for three 1-inch water laterals to existing main to serve one commercial and two residential structures at 4625, 4615 and 4619 Murchison Road, outside the City.
	Councilmember Evans offered motion seconded by Councilmember Johnson and carried unanimously to approve this application as recommended by PWC.
B.	The next item for consideration to Council was bids received for construction of 30 inch water transmission main from Hoffer Water Plant to Ramsey Street.  Authorization is also requested for Mayor and City Clerk to execute contract documents at a later date. Mr. Wood stated that this gives PWC another means of egress and they recommend the low bidder (Rand Construction Company) in the amount of $314,094.60.
	Councilmember Johnson offered motion to award the bid to Rand Construction Company for $314,094.60 as recommended by PWC, seconded by Councilmember Dawkins and carried unanimously.
C.	The next item for consideration was bids received for the purchase of 42 electric distribution transformers.  Mr. Wood stated that PWC recommends the low bid by Transformers Sales and Service for six 15 KVA overhead transformers and six 50 KVA overhead transformers in the amount $7,466.00.  The low bid by Mill-Power supply for thirty 5OKVA padmount transformers in the amount of $28,040.70 is recommended.
	Councilmember Evans offered motion, seconded by Councilmember Jones and carried unanimously to award the bids as recommended.
D.	Consideration was given for the bids received for purchase of six outdoor interrupter switches.  Mr. Woods stated that PWC recommends the low bid by Rigby Electric Supply Company, Inc. in the total amount of $10,172.34.
	Councilmember Johnson offered motion to award the bid as recommended seconded by Councilmember Dawkins and carried unanimously.
	All PWC items being completed, Mr. Woods was excused from the meeting.
	At this time Councilmember Dawkins recognized Mr. George Armstrong who was present in the audience and is a member of the Recreation Commission.
4.	An oral presentation by Fayetteville Progress Inc. regarding the Prince Charles Hotel was given by Mr. M. J. Weeks.  He summarized by asking that the City approve the concept so that they can move ahead with grant applications.
	Following brief discussion, Councilmember Evans offered motion to approve the concept of this plan for the Prince Charles Hotel, seconded by Councilmember McBryde and carried unanimously.
5.	Council next gave for consideration, ordinances requiring the City Building Inspector to correct conditions pursuant to the Dwellings and Buildings Minimum Standard Code of the City of Fayetteville.
	ORDINANCE 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.  (421 GREENSBORO ST.) ORDINANCE NUMBER NS1983-3.
	Councilmember Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Johnson and carried unanimously.
	A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1983.
	AN ORDINANCE REQUIRING THE CITY BUILDING'S 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 (606 WEISS AVE.).  ORDINANCE NUMBER NS1983-4.
	Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Dawkins and carried unanimously.
	A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1983.
6.	The next item for consideration was setting the public hearing for April 18, 1983 on continuation of Downtown Special Tax District.
	Councilmember McBryde offered motion to set the public hearing as requested for April 18, 1983, seconded by Councilmember Jones and carried unanimously.
7.	Council gave consideration of lease with Cumberland County for Law Enforcement Center.  Councilmember McBryde offered motion to postpone until the Liaison Committee returns a recommendation, seconded by Councilmember Jones.  Councilmembers Johnson and Evans also seconded and, it carried unanimously.
8.	The next item for Council to give consideration to was the proposed legislation amending the City Charter:
A.	Civil Service Commission Charter Revision.  City Attorney Cogswell presented a proposed draft of a local bill implementing the recommendations of the Blue Ribbon Study Commission for the Civil Service Commission.
	Councilmember McBryde requested that a change be made on Page 3, Section 5.7, line 3 by eliminating the word “municipal" and insert the word “sworn".  After the word “employees" insert “of the Police Department and uniform members of the Fire Department."
	Following brief discussion, Councilmember McBryde offered motion to adopt the proposed act to revise portions of the Fayetteville City Charter with the changes, seconded by Councilmember Evans and carried unanimously.
	Councilmember Dawkins expressed appreciation of the Blue Ribbon Commission for meeting every Monday for months in order to present this recommendation.
	Mayor Hurley reminded Council of the breakfast meeting at 7:30 a.m. on March 21 with the Blue Ribbon Commission and members of the legislative delegation.
B.	City Attorney Cogswell presented a proposed local act regarding land acquisition and disposal procedures for Redevelopment projects.  He stated that one of the major problems that has existed under the old Urban Redevelopment Law is that it is inconsistent with the way that UDAG grants operate.  He further stated that when they put forth time, effort and money in planning they still have to assume the risk of a bid process in order to acquire the land for their particular project.
	Councilmember Johnson offered motion to follow the recommendation of the City Attorney and ask delegation to pass this local act on land acquisition and disposal procedures for Redevelopment projects, seconded by Councilmember Jones and carried unanimously.
	Councilmember Johnson requested that the City Attorney draw up some type of legislation enterprising zone so that when that bill passes Congress we can set up some zones here.
9.	The next item for consideration was Budget Ordinance Amendment - Change 6.  City Manager Smith presented this amendment and stated that it covers a number of transfers that need to be made before the end of the fiscal year.  Some are simply distributions of appropriations from a central account into the various departmental accounts.  Others are confirming actions taken by City Council during the year: salary adjustments, project aide, Senior Service Center, encumbrances, telephone (distribution of charges), Council contingencies (special annexation election) and water heater timers and blankets.
	Councilmember Evans offered motion to approve the adoption of Budget Ordinance Amendment - Change 6 as recommended by the City Manager, seconded by Councilmember Johnson and carried unanimously.
10.	The next item for consideration was the adoption of a resolution reaffirming the policy on Equal Employment Opportunity for the City of Fayetteville, North Carolina.  Mr. Smith stated that this is an update to the plan and we need to have this reaffirmed.
	RESOLUTION REAFFIRMING POLICY OF EQUAL EMPLOYMENT OPPORTUNITY FOR THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  RESOLUTION NO. R1983-15
	Councilmember Wofford introduced the foregoing resolution and moved its adoption, seconded by Councilmember Dawkins and carried unanimously.
	A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1983.
11.	The City Engineer presented for Council's consideration a revision to the Parking Ordinance along Ray Avenue between Hay Street and Rowan Street.  He stated that this requested parking on both sides of Ray Avenue on Sunday only and prohibited parking other times.
	Following some discussion, Councilmember McBryde offered motion to adopt the Parking Ordinance as presented to allow parking on both side of Ray Avenue on Sunday but that it be amended to allow parking on the east side of Ray Avenue the other six days, seconded by Councilmember Johnson.
	Following further discussion, Councilmember Evans offered substitute motion to follow the recommendation of the City Engineer and allow parking on both sides of Ray Avenue on Sunday only, seconded by Councilmember Wofford.  The motion failed with Councilmembers Evans, Wofford and Mayor Hurley voting for and Councilmembers Dawkins, Johnson, McBryde and Jones voting no.
	Mayor Hurley then stated they would return to the main motion which is to allow parking on both sides of Ray Avenue on Sunday and to allow parking on the east side of Ray Avenue the other six days.  The motion carried with Councilmembers Jones, Johnson, Dawkins and McBryde voting for and Councilmembers Evans, Wofford and Mayor Hurley voting no.
	A second reading will be held at the next regular Council meeting since the adoption of an ordinance requires two readings unless two-thirds affirmative vote occurs on the first reading.
12.	Appointments:
A.	There were no nominations to fill the unexpired term of Marion C. George, Jr. on the PWC Retirement Plan Board in the category of accountant.
B.	Nominations are needed to fill four vacancies on the Human Services Commission.  The following nominations were made: Theodore Kinney nominated by Councilmember Evans; Catherine McKoy Adams was nominated by Councilmember Johnson; Dr. William Bell was nominated by Councilmember Dawkins; and Lester Shaw was nominated by Councilmember Evans.
13.	Delegations:
	Mr. Sam Johnson of 332 Circle Drive, appeared before Council and requested that they extend the time limit of picking up garbage and leaves without being put in containers until the end of April due to a hardship situation that he has.
	There was some discussion and several suggestions made on trying to alleviate this problem.  Council asked the City Manager to please study this problem and hopefully come up with a workable solution to bring back to Council.
	There was some discussion by Council concerning requests by people to be put on the agenda under Delegation.  This will be discussed further at the Policy Committee meeting.
14.	City Manager Reports:
A.	Due to the first meeting in April being an Easter holiday there was consideration by Council to change the meeting date.  Following some discussion it was decided that the regular meeting will be changed to Tuesday, April 5.
B.	Consideration was given also to the March Information Meeting.  It was decided by Council that Tuesday, March 29, 7 p.m. at the Kyle House Conference Room would be set.
C.	John Monaghan presented a progress report on the Municipal Market.  He stated that the immediate concern is to get the old showroom ready for the market to move into that section next month.  Then by mid-summer, make preparations for additional vendors.
	Following the completion of Mr. Monaghan's report, Council was very pleased to offer their blessings on the continuation of the project.
15.	Matters of Interest to Council:
A.	Discussion of cablevision.  Following some discussion of the cablevision possibilities, Councilmember Evans offered motion to explore the feasibility of a municipally operated cablevision system as to advisability, as to cost, as to ways and means and as to financial return.  The motion was seconded by Councilmembers Johnson and Wofford and carried unanimously.
B.	Mr. Jones addressed his comment to the City Engineer regarding delegates approaching him from the St. James Lutheran Church regarding the fence separating their property from the street and the numerous times this had been damaged.  He stated that part of it is down at this time and they are concerned about whose responsibility it is to repair this fence.
	Councilmember Evans stated that there would be a meeting of the Economic Committee on Monday, March 21, at 9 a.m. at the Kyle House.
	Councilmember Johnson asked the question of who pays for the City's cars being washed in the car wash.  The City Manager responded that the City does but that there was going to be a budget request for a car wash to be installed by the City.  The Councilmembers seemed in favor of this idea.
	Councilmember Dawkins complimented the Engineering Department on how well the new circulation portion of Hay Street seems to be working.  Be asked about the possible need for a blinker light to be installed at the intersection of Anderson and Old Streets.  The City Engineer responded that a signal light was approved and has been ordered for that location.
	Councilmember McBryde stated that he has had a request for a stop light at Longview.  He also wanted to make note that the Youth Council and City Council ball game has been changed to April 14 from April 13.  Mr. Wofford also stated that several of the merchants along the Old Street area where the parking lot is located has requested that there be a validation of twenty cents for the parking in that lot.  He also asked the City Manager to bring back some figures on how much money is being taken in at that lot and how many people are parking there.
	Councilmember Wofford wanted to echo Mr. Dawkins' comment on how well the turnaround had been made on the Old Street traffic.  Mr. Wofford reminded everyone of the Policy Committee meeting tomorrow night, March 15 at the Old Courthouse Public Hearing Room No. 1 to consider the sidewalk policy.
	Mayor Hurley reminded Council of the North Carolina League of Municipality regional meeting to be held Wednesday, March 16, in Clinton, North Carolina and suggested that anyone that would like to carpool with him to meet at the Kyle House for departure at 4:45 p.m.  He also reminded Council of the Monday morning breakfast meeting of the Blue Ribbon Commission at the Haymount Grill at 7:30 a.m.  Also, due to the upcoming Dogwood Festival, Ms. Warner suggested that a hospitality committee be formed with volunteers of the spouses of Council.  There will be a Legislative Day in Raleigh on May 12.  Mayor Hurley stated he also received a serious complaint from the press because they feel discriminated against by having hard seats when everyone else has the cushion seats.
	Sam Johnson appeared again before Council and suggested that they investigate certain areas around town for a possible speed flasher to be installed.  Mayor Hurley suggested that he submit something in writing for them to study.
	There being no further business the meeting was adjourned at 10:15 p.m.
REGULAR MEETING
MONDAY, MARCH 21, 1983
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
MONDAY, MARCH 21, 1983
7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers:  Milton Wofford, Milo McBryde, J.L. Dawkins, Aaron Johnson, Mildred Evans, Jimmie Jones
		John P. Smith, City Manager
Roger L. Stancil, Assistant City Manager
Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting order and invocation was offered by City Engineer Bob Bennett.  Following the invocation Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley recognized Fayetteville Youth Councilmembers Stephanie Talbott and Jeannie Kim.
	The City Attorney requested an executive session at the end of this meeting for a litigation matter.
	Mr. Dawkins asked to abstain on consent Item 1F and Mayor Hurley stated he would move Item 3 up to be heard prior to the public hearings.
1.	Consent Items:
	Mr. Dawkins requested permission to abstain from voting on Item 1F under the consent items.
	Rev. Johnson then offered motion, seconded by Mr. Wofford and carried unanimously for the approval of the following consent items, Items A, B, C, D, E and G.
A.	Approval of minutes of special meeting of March 4, 1983.
B.	Approval of minutes of the regular meeting of March 14, 1983.
C.	Set public hearing for April 5, 1983 to consider annexation of a tract of land located north of Country Club Drive, adjacent to Green Valley Country Club.
D.	Set public hearing for April 18, 1983 to consider annexation of a tract of land located at 2503 Camden Road.
E.	Set public hearing for April 18, 1983 to consider annexation of a tract of land located at 3703 Bragg Boulevard.
G.	Elect nominees previously made to fill four vacancies on the Human Services Commission.  They were:  Catherine McKoy Adams, Theodore Kinney, Dr. William Bell, Mr. Lester Shaw.  These incumbents were elected to serve two year terms of office to run to March, 1985.
1F.	Conditional approval of Stratford Bills (now known as Willow Run) Group Housing Zero Lot Line Development in a R10 Residential District for preliminary and final review located on the southeast corner of Collinwood Drive and McPherson Church Road.
	Mr. Wofford offered motion for conditional approval as recommended by the Planning Board, seconded by Mr. McBryde and carried, Mr. Dawkins abstaining to vote.
3.	Consideration of tax refunds (penalty refunds)
A.	Fasco Industries, Inc. in the amount of $1,386.44.
B.	Lexington Homes, Inc. in the amount of $460.13.
	Recommended action was approval.
	Council recognized Mr. Cameron H. Easton, tax director for Cumberland County, who stated he was present tonight to present these items as requested by the City Manager.  Following Mr. Easton's presentation and some discussion, Mr. Wofford offered motion to approve the Fasco refund but not the Lexington Homes refund, motion seconded by Rev. Johnson.
	Following some further discussion, Mr. Dawkins offered motion to follow the recommendation of the City Manager and approve both penalty refunds, seconded by Mr. Jones and following some further discussion Mayor Hurley called for a vote on the motion and it was as follows.  For the motion Councilmembers McBryde, Dawkins, Hurley, Evans and Jones.  Against the motion Councilmembers Rev. Johnson and Wofford.
	The City Manager reminded Council that these were not tax refunds but penalty returns.
2.	Public Hearings:
A.	Consideration of a resolution confirming the assessment roll for the paving of Bell Street from Eastern Boulevard to South King Street.  Recommended action was adoption.
B.	Consideration of a resolution confirming the assessment roll for the paving of Earnest Street from Pennsylvania Avenue to eastern line of Broad Acres Subdivision, Plat Book 17, Page 35, Cumberland County Registry.  Recommended action was adoption.
	There were neither proponents nor opponents present on both of these matters.
	Following brief discussion, Mrs. Evans offered motion for adoption of the resolutions confirming the assessment rolls on both Bell Street and Ernest Street, seconded by Mr. Wofford and carried unanimously.
	The resolution titles appear below.
	RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR THE PAVING AND OTHER IMPROVEMENT OF BELL STREET.  RESOLUTION NO. R1983-16.
	RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR THE PAVING AND OTHER IMPROVEMENT OF ERNEST STREET.  RESOLUTION NO. R1983-17.
	Copies of both of the foregoing resolutions are on file in the Clerk's Office in Resolutions Book R1983.
4.	Consideration of limiting parking on Ray Avenue between Hay Street and Rowan Street.  This matter deferred from the last meeting for a second reading.
	City Engineer Bob Bennett presented this matter and stated the revised parking ordinances are resubmitted in accordance with the City Council's vote on March 14, 1983.
	Following some discussion of this matter, Mr. Wofford offered motion to table discussion until the City Engineer brings back drawings as requested by Mr. McBryde.  Motion seconded by Mr. McBryde and carried unanimously.
5.	Consideration of authorization to hire Transit Mall Construction Coordinator (Transit Mall Site Representative).  The recommended action was approval.
	The City Manager presented this item and stated the Capital Projects Management Team had been discussing the need for a full-time site representative on the Transit Mall Project.  This individual would not be responsible for the technical construction inspection, but rather for coordinating with merchants along the Mall and the contractors as well as with utility agencies and other City departments involved.  Because of the complexity of this project, he stated, and its sensitivity insofar as its potential impact on businesses during construction, we feel that this position is essential.  We intend to apply to UMTA for funding for the position, we hope to get 80% funding, however, if that is not possible, we will charge it against Transit Operations for 50% reimbursement.  The position will be a temporary position for the duration of construction.  The position will not add to the Transit Operating Budget due to the fact that ATC has recommended the elimination of five full-time positions in the Transit Department, three operators and two supervisors.  Three of the five have already been placed in other vacancies in other City departments.  The elimination of these five positions will not affect the service provided, he concluded.
	Mr. Wofford asked if this position would be filled by a Transit employee and the City Manager replied in the negative, he stated he would consider hiring a retired engineer for this position.
	Following some discussion, Mrs. Evans offered motion to authorize the City Manager to hire the site representative as recommended on a temporary basis, seconded by Mr. Jones.  Rev. Johnson offered comment that he already sees a savings on this project due to this recommendation.  Following some further discussion, Mayor Hurley called for vote on the motion and it carried, Mr. McBryde abstaining.
6.	Consideration of policy on Delegations.  The recommended action was adoption of the policy.
	The City Manager presented this item and explained the amended policy concerning public hearings and delegations.  Following some discussion, Mr. Dawkins suggested that Item B Delegations be limited to five minutes.
	Mr. Wofford offered suggestion that Council needed a third option under Item B Delegations in that if it was not an agenda item,  the delegate would state his name and subject and if not heard, then he would be placed on an agenda for the next meeting.
	Rev. Johnson recommended a fourth option that if the Mayor or a City Councilmember wished to recognize any individual to come before City Council, then it should be granted under Item B Delegations.
	Following some detailed discussion of this item, Mr. Jones offered motion to leave the policy as it is and delete Item 6 from the agenda this evening, seconded by Mrs. Evans.  There was then some further discussion.  Following this, Mr. McBryde offered a substitute motion to refer this item to the Policy Committee for study, seconded by Mr. Dawkins.
	Following some further discussion, Mr. Wofford offered a second substitute motion to accept the policy as it is except that in paragraph B Delegations, individuals would be limited to five minutes unless waived by the City Council, seconded by Rev. Johnson and upon being put to vote carried unanimously.
7.	Appointments:
A.	Nominations to fill the unexpired term of Marion C. George, Jr., on the PWC Retirement Plan Board (category - Accountant, preferably certified).
	Rev. Johnson submitted for nomination the name of Mr. J.V. Parham.  There were no other nominations submitted and Mayor Hurley stated this would be reconsidered at the next meeting.
8.	Delegations:
A.	Mr. Jimmy Little.
	Council recognized Mr. Jimmy Little, convention and tourism coordinator for the Fayetteville Chamber of Commerce.
	Mr. Little displayed a brochure on the City activities.  Be mentioned golf tournaments and other sports activities.  He stated that Gloria Hayes Crimmer, a noted writer, would be in the City on March 28 and 29 to do a feature story on the LaFayette Activities.  Be stated that Ft. Bragg has a sign on the Military Museum on Interstate 95 now.  He stated that a short while ago, he and Mr. John Corbett, Chairman of the Chamber of Commerce, had visited the Mayor and suggested that the City hold a Dogwood Festival annually and it had received approval.  Mr. Little then suggested to the Council that the City go back to the metal type plate for automobiles to publicize the annual Dogwood Festival.
	This concluded Mr. Little's remarks and Mayor Hurley stated to him that he would give his suggestion to the City Manager for recommendation.  The City Manager stated that the City is now using the decal type licenses in lieu of the metal plates in view of the costs, but that he would check this matter out and come back to City Council with a recommendation.
	Council then recognized Mr. and Mrs. Bill Chason of Skye Drive.  Mr. Chason stated their property is located on a cul-de-sac.  He stated the problem is that the circle is still owned by the City and he wants a quick deed for his property in the circle.  He stated he had talked to the City Attorney, the City Engineer, the Planning Board and others about this problem.
	In response to question, the City Attorney made a rough drawing of the location and showed it to the City Council.  Drawing was of the cul-de-sac and the site plan.  He stated that the matter will take considerable research at the court house.  He stated he had not had a chance to check this thoroughly.   He requested the opportunity to do so and bring it back before City Council.
	Mr. Wofford suggested that this matter be placed on the agenda for the next meeting after the information is received from the City Attorney and this was satisfactory.
9.	City Manager's report:
A.	Discussion of Sanitation ordinance and policy.
	The City Manager informed Council that the recommended amendment to the sanitation ordinance will help clear up some of the current confusion and will make enforcement somewhat less painless.  It will allow us to pick up loose debris and charge for the cost of collection except during the months of November through February and on authorized clean up days.  This is a much better procedure than issuing citations for failure to comply, he stated.
	He urged the Council to adopt this method of abatement rather than any action which would remove the restrictions in the ordinance.  The Sanitation Department, through a campaign of public relations and education, has persuaded the vast majority of the City residents to containerize loose debris.  For the City to loosen its requirements now would be a step back from the accomplishment of one of Council's major goals which is a cleaner looking City.  Those neighborhoods in which the residents containerize their trash for regular twice a week collection are cleaner and much more attractive, he concluded.  He suggested that Item E in the amendment be changed to read loose leaves and pine straw rather than heavy debris and under Section 14-17 that the words “on construction sites" be deleted.  Following some discussion, Mr. Dawkins suggested adding the change “any other time authorized by City Council" to Item E.  Mr. McBryde suggested the pick up of leaves into Spring due to the Dogwood Festival.
	Following some lengthy discussion of this matter, Mrs. Evans offered motion to adopt the ordinance as presented by the City Manager, amending paragraph B, heavy debris, to read at no cost during months set by the City Council, motion seconded by Mr. Dawkins.
	Mr. Wofford offered suggestion that the Sanitation Department hang a tag on carts for the information of citizens giving complete details on pick ups.
	Further discussion followed.
	The City Manager suggested “on Council authorized clean up days", in paragraph E.
	Mayor Hurley then called for vote on the motion and it carried, Rev. Johnson voting no.
	The ordinance title appears below.
	AN ORDINANCE AMENDING CHAPTER 14 “GARBAGE, TRASH AND WEEDS" SECTION 14-14 SCHEDULE OF FEES FOR EXTRA SANITATION DEPARTMENT SERVICES AND ADDING A NEW SECTION 14-17 “CONSTRUCTION DEBRIS".  ORDINANCE NO. S1983-3.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1983.
	The City Manager informed Council that he had received a request from the North Carolina Department of Natural and Economic Resources for the passage of a resolution requesting that Kayellen Street be removed from the City system of streets and placed on the State street system and that Kayellen Street be renamed Soffe Drive.
	Following a brief discussion, Mr. McBryde offered motion for adoption of the resolution, seconded by Mr. Jones and carried unanimously.
	The resolution title appears below.
	RESOLUTION REQUESTING KAYELLEN STREET BE REMOVED FROM CITY SYSTEM AND TRANSFERRED TO STATE SYSTEM AND BE RENAMED SOFFE DRIVE.  RESOLUTION NO. R1983-18.
	A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1983.
	The City Manager reported that concerning parking lot no. 7, he could find no mention in the minutes of the Council's validation of 20 cents per hour parking fee.  He requested action by the Council to set this 20 cents per hour validation fee.
	Mr. Dawkins then offered motion to set the 20 cents per hour validation as requested by the City Manager, seconded by Rev. Johnson and carried unanimously.
	The City Manager then gave a report to the Council on the revenue and operating cost of parking lot no. 7.  Be stated that at the present time the lot is loosing about $12.38 per day, but that this validation action would bring the revenue up.  He stated with 40% occupancy of this lot, the operation will approximately break even.
	The City Attorney reported to Council on a memo on insurance for the parade during the Spring activities.  Be stated the Council can require insurance to protect the City employees during these activities.  He requested that the City Council adopt an amending ordinance to Section 20-167 of the Code regarding surety and insurance for parades and motorcades.
	Mr. Dawkins offered motion for adoption of the ordinance as recommended by the City Attorney, seconded by Mr. Wofford and carried unanimously.
	The ordinance title appears below.
	AN ORDINANCE AMENDING CHAPTER 20 “MOTOR VEHICLES AND TRAFFIC" SECTION 20-167 SURETY AND INSURANCE.  ORDINANCE NO. S1983-4.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1983.
	The City Attorney also reported to the Council that he had received the deed giving the City clear title to the annex property.
	Mayor Hurley reminded Council of the meeting tomorrow night at 7:00 p.m. with Recreation and Parks.
	The City Manager reminded Council of the information meeting set for Tuesday, March 29 in the City Hall.
10.	Matters of Interest:
	Rev. Johnson referred to the recent sidewalk matter vote at the last meeting.  He requested rescinding action on this matter for another vote.  The City Attorney stated that he must give notice in writing of this request and the City Manager stated when this is done it would be put on the next agenda.
	Mrs. Evans asked the City Engineer about the bridge repair on Hawley Lane and the rubbish along the creek.  The City Engineer stated the bridge repair is in the immediate future and that the property owners would be contacted concerning the rubbish.
	Mayor Hurley reminded the Council that the first meeting in April would be on Tuesday, April 5, rather than on Monday the 4th, because Monday is Easter Monday holiday.
	Mayor Hurley reminded the Council that the meeting with the delegation would be held at 5:00 p.m., Thursday in the Kyle House.
	Mayor Hurley then stated he had a very serious question to pose to City Manager Smith and then proceeded to ask him who he would pull for in the Carolina-Ohio State game this Friday.  The City Manager replied that whoever wins is going all the way.
	Mayor Hurley then stated he would entertain a motion to go into Executive Session to discuss the litigation matter and Mr. Dawkins moved, seconded by Mr. McBryde to move into Executive Session as 9:00 p.m. to discuss the litigation matter, motion carried unanimously.
	City Council then reconvened into Regular Session at 9:10 p.m.
	The City Attorney then requested City Council authorize him to appeal the order of dismissal in the law suit of Packer vs. the City vs. Miller and others, 82 CVS 41-41.
	Mr. McBryde then offered motion, seconded by Mr. Wofford and carried unanimously to authorize the City Attorney to appeal the order as requested.
	Mayor Hurley then recognized in the audience the daughter of Mr. Milton Wofford, present this evening to observe Council proceedings.
	Thereafter all matters of business having been concluded this Regular Session was adjourned at 9:15 p.m. upon motion made and duly seconded.
INFORMATION MEETING
TUESDAY, MARCH 29, 1983
FAYETTEVILLE CITY COUNCIL
INFORMATION MEETING
CITY HALL COUNCIL CHAMBERS
TUESDAY, MARCH 29, 1983
7:00 P.M.
Present:	Mayor John W. Hurley
		Councilmembers Milton Wofford, Milo McBryde, J.L. Dawkins, Aaron Johnson, Mildred Evans, Jimmie Jones
		John P. Smith, City Manager
Roger L. Stancil, Assistant City Manager
John M. Monaghan, Jr., Assistant City Manager for Economic and
  Community Development
Robert C. Cogswell, Jr., City Attorney
Cliff Strassenburg, Planning Board
	Mayor Hurley called the meeting to order and Councilmember Jones offered the invocation.
	Council first considered a presentation of the audit for the year ending June 30, 1982 by Harry Rulnick of Cherry, Bekaert and Holland, the City's auditors.
	The next item for consideration was the Baymount Land-Use Plan presented by Cliff Strassenburg.  After hearing Mr. Strassenburg's presentation, Council indicated that they would like for the Planning Board staff to begin the procedure for setting a public hearing on the land use plan.
	John Monaghan then presented to Council the proposed plan for removal of the canopy along Hay Street in preparation for construction of the Transit Mall.  Council indicated that staff should communicate fully with affected merchants regarding this project.
	There being no further business, the meeting was adjourned at 9:20 p.m.
REGULAR MEETING
TUESDAY, APRIL 5, 1983
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
TUESDAY, APRIL 5, 1983
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
Attorney Richard Lewis for City Attorney Robert Cogswell
	Mayor Hurley called the meeting to order and the invocation was offered by the Rev. Christian White, Pastor of Hay Street United Methodist Church.  Following the invocation, Mayor Hurley led the audience in the Pledge of Allegiance to the Flag.
	Fayetteville Youth Council members were not present at this time.
Presentation:
	ESP Award Winner of the Year Lt. Benny Nichols of the Fire Department.
	Mayor Hurley called Lt. Nichols to the front and made a special presentation to him along with the City Manager.  The City Manager offered comments on the Employee Suggestion Program and stated that Lt. Nichols had suggested that electric timers be placed on water heaters as a conservation measure.  Mayor Hurley then presented Lt. Nichols with a framed certificate of appreciation and the City Manager presented Lt. Nichols with a letter of commendation and a check for $100 for his suggestion.  Lt. Nichols received a round of applause from the audience.
	Mr. Dawkins offered congratulations to North Carolina State for winning the basketball championship.
	Council then moved into agenda items.
1.	Consent:
	Mr. McBryde then offered motion seconded by Mr. Wofford and carried unanimously that consent items A through J be approved.
	They appear below:
A.	Approval of minutes of regular meeting of March 21, 1983.
B.	Approval of minutes of information meeting of March 29, 1983.
C.	Elect nominee previously made to fill the unexpired term of Marion C. George, Jr. on the PWC Retirement Plan Board.  Mr. J.V. Parham was elected to serve the balance of Mr. George's term running to June, 1984.
D.	Set public hearing for May 2, 1983 to consider a resolution and notice of intent to close a portion of Breezewood Avenue.
	PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF BREEZEWOOD AVENUE.  RESOLUTION NUMBER R-1983-19.
E.	Set public hearing for May 2, 1983 to consider a resolution and notice of intent to close East and West Collier Drive, Penny Street, Pear Street and Newbern Avenue.
	PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE EAST AND WEST COLLIER DRIVE, PENNY STREET, PEAR STREET AND NEWBERN AVENUE.  RESOLUTION NUMBER R-1983-20.
F.	Set public hearing for May 2, 1983 to consider a resolution requiring the paving pursuant to petition of Grady Street, from Powell Street to Hamlet Street.
	PRELIMINARY RESOLUTION REQUIRING THE PAVING PURSUANT TO PETITION OF GRADY STREET.  RESOLUTION NUMBER R-1983-21.
G.	Set public hearing for April 18, 1983 to consider revisions to the Haymount land use plan.
H.	Set public hearing for May 16, 1983 to consider the rezoning from P1 Professional District to P2 Professional District or to a more restrictive zoning classification of an area located at 904 Arsenal Avenue and 110 Myrover Street.
I.	Set public hearing for May 16, 1983 to consider the rezoning from PND Planned Neighborhood District to R6 Residential District or to a more restrictive zoning classification an area located on the West side of Ramsey Street (US 401 Bypass) North of London Road.
J.	Approval of Tax refunds.  They are as follows:
	Mrs. Ruth D. Paxton, $54.50.
	Richard Pait and wife, $40.30.
	Mary A. Lane, $8.84.
	Mrs. E.J. Wells, Sr., heirs, $43.65.
2.	Public Hearings:
A.	Consideration of annexation of a tract of land located north of Country Club Drive, adjacent to Green Valley Country Club.  The recommended action was the annexation technical review committee recommends approval.
	Planner Al Mitchell presented this matter and stated that ATRC approves.
	Mr. John Broadwell the petitioner was recognized for the annexation.
	Mr. Clinton Harris a local citizen was recognized in opposition due to the sidewalks.
	Following some brief discussion Mrs. Evans offered motion seconded by Mr. McBryde to approve this annexation as recommended by adoption of an ordinance.  Motion carried unanimously.
	AN ORDINANCE EXTENDING THE CITY LIMITS A TRACT OF LAND LOCATED NORTH OF COUNTRY CLUB DRIVE, ADJACENT TO GREEN VALLEY COUNTRY CLUB.  ANNEXATION NUMBER 83-4-257.
	A copy of the foregoing ordinance is on file in the Clerk's office.
3.	Public Works Commission Matters:
A.	Consideration of an application for one 4-inch water connection to existing main to serve existing residence at 139 West Mountain Drive, outside the City.  The residence has City water.  The recommended action was that PWC recommends approval.
	Mrs. Evans offered motion seconded by Mr. Jones for approval of the foregoing as recommended.  Motion carried unanimously.
B.	Consideration of an application for one 2-inch water connection and meter vault and one 4-inch sanitary sewer connection to existing main to serve proposed Fayetteville Memorial Cemetery, off Highway US 301 South.  Recommended action was PWC recommends approval.
	Mr. Jones offered motion for approval seconded by Rev. Johnson and carried unanimously.
C.	Consideration of an application for one 1-inch water and one 4-inch sanitary sewer connections to existing mains to serve existing residence at 3337 Boone Trail, outside the City.  Recommended action was PWC recommends approval.
	Mrs. Evans offered motion for approval seconded by Mr. Dawkins and carried unanimously.
D.	Consideration of bids received March 17, 1983 for construction of Interceptor “SR" (Little Rockfish Creek Interceptor) and Interceptor “SB" (Buckhead Creek Interceptor).  Recommended action was PWC recommends a low bid by Rand Construction Company for construction of both interceptors in the amount of $2,293,919.50, Division 2 and $535,421.50 for Division 3, also authorization was requested for Mayor and City Clerk to execute the contract documents at a later date.
	Mr. Dawkins then offered motion seconded by Rev. Johnson and carried unanimously for approval of the foregoing as recommended, and for the authorization.
E.	Consideration of bids received March 29, 1983 for purchase of 130 sets of manhole rings and covers.  Recommended action PWC recommend the low bid by Dewey Brothers, Inc., in the amount of $10,425.45.
	Mr. Wofford offered motion seconded by Mr. Dawkins and carried unanimously for approval as recommended.
4.	Consideration of limiting parking on Ray Avenue between Hay Street and Rowan Street, second reading.
	Mr. McBryde stated that the church people wish the street to remain as it is.
	The Mayor suggested that Council vote on second reading both sides of Ray Avenue seven days a week.  Votes were cast and the second reading was defeated.
	Mr. McBryde then offered motion to follow the staff recommendation and allow parking on Ray Avenue on Sunday's between Maiden Lane and Hay Street both sides by the adoption of ordinances, seconded by Mr. Wofford and carried unanimously.
	The ordinance titles appear below:
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE NUMBER 11 - “PARKING PROHIBITED", ORDINANCE NUMBER NS1983-5.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE TRAFFIC SCHEDULE NUMBER 17 -  “RESTRICTED PARKING", ORDINANCE NUMBER NS1983-6.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE NUMBER 13 - “PARKING ZONES", ORDINANCE NUMBER NS1983-7.
	Copies of the foregoing ordinances are on file in the Clerk's office.
5.	Consideration of acceptance of Audit for FY ending June 30, 1982 and approval of Audit contract for FY ending June 30, 1983.  Recommended action was approval.
	The City Manager presented this item and recommended one more year on a renewal basis for three years with the present firm.
	Mrs. Evans requested permission to abstain from voting on this matter due to a personal relationship.
	There was then some discussion of putting this contract up for new proposals.
	The City Manager stated he did not recommend new proposals.
	There was then some discussion with PWC Manager Ray Muench and City Finance Director William Epps offering comments concerning the Audit contract.  Rev. Johnson then offered motion to accept the Audit report as presented, seconded by Mr. Dawkins and carried, Mrs. Evans abstaining.
	Rev. Johnson then offered motion to renew the present contract for one year with Cherry, Beckart and Holland, and rebid the contract next year.  Motion seconded by Mr. Dawkins and carried, Mrs. Evans abstaining.
6.	Consideration of sidewalk plan and policy.  The recommended action was the policy committee recommends approval.
	Mrs. Evans stated that she had read the document and researched past policy and suggested several changes.
	1.	Paved sidewalks on arterials where needed.
	2.	Paved sidewalks as necessary in apartment developments which come under group development regulations.
	3.	Paved sidewalks as needed in CIP Shopping Centers.
	Mr. Wofford, Chairman of the policy committee stated the committee had studied the plan in great detail and all parties seemed to be in agreement.  He suggested two minor changes in the draft.
	Mrs.  Evans then offered motion that the three items suggested be placed in the policy.  Motion seconded by Mr. Jones.  Following some further discussion, Mayor Hurley called for the vote and it was as follows:
	For the motion - Mayor Hurley, Mrs. Evans, and Mr. Jones.
	Against the motion - Mr. Dawkins, Rev. Johnson, Mr. McBryde and Mr. Wofford.
	Mayor Hurley declared the motion failed.
	Council then recognized Mr. Dohn Broadwell who offered comments on the proposed policy.  Council also recognized Mr. Clinton Harris with comments on the proposed policy.
	Rev. Johnson then offered motion that the recommendation of the policy committee be adopted, seconded by Mr. Wofford and carried.  Mrs. Evans and Mr. Jones voting no.
7.	Consideration of amendment of Chapter 22 of the Fayetteville City Code - Personnel.  The recommended action was adoption.
	The City Manager presented this matter and stated that the ordinance amendments incorporate into the Personnel Ordinance the recommendations of the Blue Ribbon Study Commission on Civil Service.  The legislative delegation has agreed unanimously to remove the City Charter provisions regarding the Civil Service Commission if the City adopts the study commission's recommendation by ordinance.  The City Manager recommended including the amendments in the Personnel Ordinance by adoption with an effective date of June 1, 1983.
	Following brief discussion Mr. McBryde offered motion for adoption of the amendments to Chapter 22 as recommended, seconded by Mrs. Evans and carried unanimously.
	The ordinance title appears below:
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 22, PERSONNEL, SECTION 22-21 THROUGH 22-24, ORDINANCE NUMBER S1983-5.
	A copy of the foregoing ordinance is on file in the Clerk's office.
8.	Reconsideration of conditional approval of Advance Auto Store in a C(1)P Shopping Center District for preliminary and final review located on the North side of US 401 Bypass (Raeford Road) across from Ireland Drive Extension.
	The City Manager presented this item and stated that it had been requested by Rev. Johnson at the last meeting to be placed on this agenda for reconsideration concerning the sidewalk provision.
	Planner Al Mitchell presented this item and reviewed the Planning Boards recommendations for Council's benefit.
	Rev. Johnson then moved to reconsider previous action, seconded by Mr. McBryde and carried, Mrs. Evans and Mr. Jones voting no.
	Following brief discussion, Mr. Wofford offered motion to follow the original recommendation of the Planning Board concerning this location and the sidewalks.  Motion seconded by Rev. Johnson and carried, Mr. Hurley, Mrs. Evans and Mr. Jones voting no.
9.	Consideration of a request from the J.F. Young heirs for two surviving heirs to be buried on Airport property in an existing cemetery.  The recommended action was approval.
	Following brief discussion Mr. McBryde offered motion, seconded by Rev. Johnson to approve this request subject to the approval of any grave monuments erected on the site.  Motion carried unanimously.
10.	Consideration of the sale of Lot 4, Block K of Villetex Mills, Inc., for adaptive reuse in the Massey Hill Conservation Plan.  The recommended action was to authorize the advertisement.
	The City Manager presented this item and stated that this sale be subject to the reservation of necessary street right-of-ways.
	Mrs. Evans then offered motion to authorize the advertisement, seconded by Mr. McBryde and carried unanimously.
11.	Consideration of fees and charges for Parks and Recreation.   The recommended action was adoption.
	The City Manager presented this matter and stated this was the result of a meeting of the Recreation Commission.
	Following brief discussion, Mrs. Evans offered motion for approval of the foregoing as recommended, seconded by Rev. Johnson and carried unanimously.
	Mr. Jack Wilson of the Recreation Department was in the audience and introduced Mr. Robert Barefoot, a new staff member.
12.	Delegations:
	No delegations responded to invitation to speak.
13.	City Manager's Reports:
	Consideration of agreement with Cumberland County for funding of the Municipal Market.  The recommended action was City/County Liaison Committee recommends approval.
	The City Manager stated the inter-local agreement must be drafted and will appear on the next agenda for adoption.  There was a brief discussion by City Council on this proposed agreement.
	The City Manager stated that at a meeting with the Recreation Commission the question of hiring architects came up.  It appeared that a $20,000 limit had been approved by the Council, but it was also referred to the policy committee. The City Manager stated he could not find where it ever came back to Council again from the committee and informed Council that at the present time we have no policy concerning this.
	The City Manager stated that at a prior meeting Council set a public hearing on the Downtown Tax District for April 18, he recommended resetting this public hearing for May 16, due to the time element involved.
	Mr. McBryde offered motion to reset the foregoing public hearing for May 16, as requested.  Seconded by Mr. Dawkins and carried unanimously.
14.	Matters of Interest to Council:
	Mr. Jones asked the City Manager if any financial problems existed with the City Garage.  The City Manager replied in the negative.
	Mr. Dawkins stated to the City Manager that tomorrow is the rubbish pick-ups day for the Dogwood Festival, and asked that he coordinate with Mr. Dill in order that complete pick-ups are made.  The City Manager acknowledged the suggestion.
	Mr. Wofford asked the City Manager where we stood on the Law Enforcement Center utility fees.  The City Manager replied that he was not sure yet but he thinks they will entertain a proposal.
	Mr. Wofford suggested computing this utility charge on a square foot basis.
	The Mayor suggested that it be made on a fair basis.
	Mr. Dawkins stated that the administration can come up with something fair he was sure.  Mrs. Evans stated that it was her opinion that we are now paying our fair share.
	Mayor Hurley reminded the Council of the dedication of the LaFayette statue in Cross Creek Park at 10:00 a.m., on Saturday, April 9, and encouraged everyone to be present.
	Mrs. Evans suggested that official mention be made in the minutes of this; meeting recognizing the efforts of Mrs. Martha Duell concerning the LaFayette statue.  The clerk was so ordered.
	Thereafter, upon motion made and duly seconded this regular session was adjourned at 9:30 p.m.
REGULAR MEETING
MONDAY, APRIL 18, 1983
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
MONDAY, APRIL 18, 1983
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
John M. Monaghan, Jr., Assistant City Manager
Robert C. Cogswell, City Attorney
Bob Bennett, City Engineer
Al Mitchell, Planner
Cliff Strassenburg, City/County Planning Director
	Mayor Hurley called the meeting to order and the invocation was offered by Rev. Edgar Lineberger of Lafayette Baptist Church.  Following the invocation, Mayor Hurley led the audience in the Pledge of Allegiance to the Flag.
	Mayor Hurley then recognized the Youth Council present in the audience and reminded Council that they will be their counterparts in a couple of weeks during “Youth Council Week".
	Councilmember Dawkins offered condolences to the families of Fire Chief Thurman Bishop and Civil Service Commission member Ray Nabors.  They will be greatly missed by everyone.
1.	Consent:
	Councilmember Wofford acknowledged two corrections to the minutes of the April 5, 1983 regular meeting:  Page 34, Item 3A should read 4-inch “sanitary sewer" connection instead of “water" connection; and on Page 36, Item 6, 1, should be in “CIP" instead of “CIC".
	Councilmember Wofford also asked about the blank line on the Contract for Inter-local Undertaking, Item IG, paragraph 5 for number of days written notice.  City Attorney Cogswell responded that he felt Council would want to make the decision before approving the contract.  Council agreed upon 180 days.
	Mr. Cogswell also suggested that Item 1H and Item 3 show 8% annual interest instead of 6% before they are advertised because it would be easier to change to a lesser figure than to make an increase.
	Councilmember Dawkins offered motion to approve Consent Items A through M with the noted corrections and changes, and to adopt the resolution under Item 1H.  Motion was seconded by Councilmember Wofford and carried unanimously.  They are as follows:
A.	Approved minutes of the regular meeting of April 5, 1983, with corrections listed above.
B.	Conditionally approved Stoneleigh Villas, Section 3 in R6 and R10 Residential Districts for preliminary and final zero lot line group development review located on Torbay Drive and Rolls Avenue, east of Landau Road.
C.	Conditionally approved Havilah Manor Townhomes in a R5A Residential District for preliminary and final zero lot line group development addition and revision review located on the northeast corner of Marine Road and Bragg Street.
D.	Conditionally approved Briarwood Villas Townhomes in a R10 Residential District for preliminary and final group development review located on the east side of Edmonton Road approximately 800 feet north of Colgate Drive.
E.	Conditionally approved the K.D. Hondros property in a R6 Residential District for preliminary and final zero lot line group development review located on the east side of Clark Drive between Claude Street and Tally-Ho Drive.
F.	Conditionally approved Highsmith Rainey Memorial Hospital parking lot, addition in a P2 Professional District for preliminary and final review located on the northwest corner of Franklin Street and Pershing Street.
G.	Adopted Inter-local Agreement with Cumberland County for funding of Municipal Market.
H.	Set public hearing for May 2, 1983 to consider a resolution requiring the paving pursuant to petition of Hamlet Street from Grady Street to Reeves Street.
	PRELIMINARY RESOLUTION REQUIRING PAVING PURSUANT TO PETITION OF HAMLET STREET.  RESOLUTION NO. R1983-22.
	A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1983.
I.	Set public hearing for May 2, 1983 to consider annexation of a tract of land located on the west side of South McPherson Church Road.
J.	Authorized City Manager to submit grant application for 1983-84 Transit Operating Assistance.
K.	Awarded service revolver to Captain J.E. Wade upon his retirement from the Police Department.
L.	Awarded bid for furnishing 18 propane conversion kits for the City to the low bid of $15,930 submitted by Pyrofax Gas Corporation.
M.	Approved State Grant for State Project No. 83-15 for $90,000 for the installation of two escalators in the airport terminal building.  (Federal Grant previously approved by City Council).
	At this point, Councilmember Dawkins asked to acknowledge Item K due to it concerning the retirement of Captain J.E. Wade of the Police Department.  Captain Wade will be awarded his service revolver and police badge upon his retirement from the Police Department on July 31, 1983.  Councilmember Dawkins wished to convey Council's appreciation to him for the 34 years of continuous and faithful service.
2.	Public Hearings:
	Mayor Hurley advised the audience of the 15 minute time-limit for presentations for or against an item.
A.	Council next gave consideration of a Downtown Redevelopment Loan to “Best-of-Bow".  City Manager Smith stated that Fayetteville Progress, Inc. had requested additional continuance on the public hearing due to the length of timed necessary to complete documentation.  Mayor Hurley asked if there was anyone present for or against this matter since it had been advertised for public hearing.  No one appeared.
	Councilmember Evans offered motion to continue this item, seconded by, Councilmember Dawkins and carried unanimously.
B.	Council next gave consideration of rezoning from R10 Residential District to C1P Shopping Center District or to a more restrictive zone classification, an area located on the northwest corner of Stamper Road and Bragg Boulevard.  Planner Al Mitchell presented this matter and stated that the Planning Board, staff recommends denial because this would constitute an encroachment into the buffer area between Eutaw Shopping Center and the residential area.
	Mr. Ervin Baer, representing owners of the shopping center requesting the rezoning, presented to Council their reasons for requesting the rezoning and in summation stated he felt the area is not suitable for residential but for businesses.
	Mr. John Corbett, representing the First Union Bank also appeared in favor of the rezoning.  Be listed the liabilities of the bank to the City, along with the many contributions of the bank to the City's revitalization, organizations and activities.  He stated that in order to enlarge their facilities at Eutaw Shopping Center, they will need to rezone.
	At this point, Councilmember Johnson interrupted and asked the City Attorney if it was proper to hear the proposed  use of an area that was being considered for rezoning.  Mr. Cogswell responded that Council could not consider anything other than what is the best use for this piece of property and anything that is a proposed use or may or may not have been done in the past is entirely irrelevant and Council could not consider it.
	Mr. Baer reappeared asking again for the most appropriate use, which he feels is at least P2 or commercial, not residential.  He further stated the he did not represent Mr. Corbett or First Union Bank.
	No one appeared in opposition.
	Following lengthy discussion, Councilmember Evans offered motion to rezone the northwest corner of Stamper Road and Bragg Boulevard to P2 Professional District from R10 Residential, seconded by Councilmember Jones and carried unanimously.  The ordinance title is as follows:
	AN ORDINANCE AMENDING THE ZONING ORDINANCE BY REZONING FROM R10 RESIDENTIAL DISTRICT TO P2 PROFESSIONAL DISTRICT AN AREA  LOCATED ON THE NORTHWEST CORNER OF STAMPER ROAD AND BRAGG BOULEVARD.  ORDINANCE NO. NS1983-8
	A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1983.
C.	Council next gave consideration of annexation of a tract of land located at 2503 Camden Road, Rosa McMillian property.  Planner Mitchell presented this proposal and stated that the Annexation Technical Review Committee recommends approval.
	There were no proponents or opponents for this matter in the audience.
	AN ORDINANCE FOR THE EXTENSION OF THE FAYETTEVILLE CITY LIMITS TO INCLUDE 2503 CAMDEN ROAD.  ANNEXATION ORDINANCE NO. 83-4-258.
	Councilmember Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously.
	A copy of the forgoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1983.
D.	Planner Mitchell also presented for Council's consideration,  a proposal for annexing a tract of land located at 3703 Bragg Boulevard.  Be stated that the Annexation Technical Review Committee recommends approval.
	There were no proponents or opponents for this matter present in the audience.
	AN ORDINANCE FOR THE EXTENSION OF THE FAYETTEVILLE CITY LIMITS TO INCLUDE 3703 BRAGG BOULEVARD.  ANNEXATION ORDINANCE NO. 83-4-259.
	Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Jones and carried unanimously.
	A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1983.
E.	The last public hearing for Council's consideration was revisions to the Haymount Land Use Plan.  Planning Director Cliff Strassenburg presented this report and explained briefly the land use classifications on this recommendation.  He further stated that the major changes on the land use plan is that the old Haymount School site of the area along Hay, Woodside, Athens and Hillside Streets is being proposed for medium density residential use.  Whereas before, about half of the area being proposed for governmental or institutional use and a little corner was commercial.  The next major change would be the area between Fountainhead Lane and Bradford Avenue, which was planned for overflow parking for the hospital.  That's no longer so, and now it is being proposed for medium density residential development.  The last major change would be that the location of the spring site (the old Fountainhead) be preserved as open space because that is a part of the heritage of our City.  Mr. Strassenburg further stated that this is only a long range goal and nothing will be set in concrete tonight.
	Mrs. Sue Brown Bandy appeared in favor of this plan, and thanked the Planning Department for the many hours they spent on this project.
	Mr. Tom McCoy, an area resident almo appeared in favor of this plan.
	An Arsenal avenue resident also appeared in favor.
	There were no opponents present in the audience.
	RESOLUTION ADOPTING HAYMOUNT LAND USE REEVALUATION PLAN.  RESOLUTION NO. R1983-23.
	Councilmember Wofford introduced the forgoing resolution and moved its adoption, seconded by Councilmember Dawkins and carried unanimously.
	A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1983.
3.	Public Hearing to be Set:
A.	Consideration of a resolution requiring the paving without a petition of Middle Road from Dunn Road to the northwestern corner of the Estes Express Lines property as described in Deed Book 2880, Page 279, Cumberland County Registry.  City Manager Smith presented this matter for Council's consideration.  He stated that this was being considered for reconstruction and is usually done on an assessment basis.
	Following lengthy discussion, Councilmember Wofford offered motion to adopt a resolution to advertise for public hearing on May 16, with the change from 6% annual interest being changed to 8%.  Motion seconded by Councilmember Evans and carried unanimously.  The resolution title is as follows:
	PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF MIDDLE ROAD.  RESOLUTION NO. R1983-24.
	A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1983.
B.	Council next gave consideration of Hay-Branson Conservation Area Plan.  City Manager Smith presented this matter and stated Council would receive material on this from the Fayetteville Redevelopment Commission.  The Commission will hold a public hearing on this plan on April 25th.
	Councilmember Johnson offered motion to set public hearing for May 16, seconded by Councilmember Wofford and carried unanimously.
4.	Public Works Commission Matters:
A.	The two items for consideration for PWC were presented by Ray Muench.
	The first item for consideration is that of bids received for the purchase of electric distribution substantial on equipment as shown below with recommendations:
	1.	One (1) 67 KV-13.090/7.560KV Power Transformer from RTE at a cost of $152,400.00.
	2.	Five (5) 15KV Vacuum Breakers from Rigby Electric Supply Company, at a cost of $85,500.00.
	3.	Four (4) Single Phase Regulators 7200 volts from Hesco, Inc. at a cost of $80,292.00.
	Following brief discussion, Councilmember Johnson offered motion to follow the recommendation of PWC and award the bids as shown.  Motion seconded by Councilmember Jones and carried unanimously.
B.	1.	Council also gave consideration of a resolution authorizing condemnation of Sears Parking Lot - Sears Roebuck & Co., for sewer easement across the property.  Mr. Muench stated this is a friendly condemnation and Sears has no objection.
	City Attorney stated that Item 2 of the resolutions should be corrected from Chapter 60A to 40A of the NC General Statute.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF SEARS ROEBUCK & COMPANY.  RESOLUTION NO. R1983-25.
	Councilmember Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Johnson and carried unanimously.
B.	2.	The next resolution for condemnation was for water easement, across Kings's Terrace, Section 2, Part 2 - Betsy Anne Barbour Davis property.
	Councilmember Evans introduced the following resolution and moved its adoption with the correction of Chapter 40A of the NCGS being made, seconded by Councilmember Dawkins and carried unanimously.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF BETSY ANNE BARBOUR DAVIS.  RESOLUTION NO. R1983-26.
	A copy of the two foregoing resolutions are on file in the Clerk's office in Resolutions Book R1983.
	There being no further PWC business, Mr. Muench was excused from the meeting.
5.	Council next gave consideration of several concurring speed ordinances with N.C.D.O.T.  City Engineer Bob Bennett presented this matter and stated that all but one of these ordinances establishes existing posted speed limits.  The exception is the recent extension of the 25 mph speed limit on Morganton Road in the Haymount area that was requested by the Haymount Merchants Traffic Committee.  Mr. Bennett stated that they recommend adoption of these revisions to the traffic schedule.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, N.C. SECTION 20-106, OF THE CITY CODE TRAFFIC SCHEDULE NO. 3 - “SPEED CONTROL".  ORDINANCE NO. NS1983-9
	Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Jones and carried unanimously.
	A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1983.
6.	Council next gave consideration of award of contract for testing airport pavement strength and condition as presented by Earl Dennis.   He stated that the Airport Commission recommends award of the contract to Pavement Consulting Services for $18,365.
	Mr.  Dennis stated that Pavement Consulting Services is recommended by the Consultant and the Airport Commission for the following reasons:
	1.	Will provide 250 more tests that Dynatest.
	2.	Method, equipment and company has been approved by FAA.
	3.	Close proximity to the job (Arlington, VA).
	If Dynatest did 250 more tests at $33.00 each their proposal would he $23,238.
	Following brief discussion, Councilmember Evans offered motion to follow the recommendation of the Airport Commission and award the contract to Pavement Consulting Services for $18,365., seconded by Councilmember Dawkins and carried with Councilmember McBryde voting no.
7.	The next item for Council's consideration was a proposed amendment to Section 17-23 of the City Code which would enable charitable organizations to get exemption certificates from the Finance Director without going before Council, which most of the time causes delays.  The City Attorney presented this matter and stated there is no requirement that Council act on this, it can be done in-house.  The current ordinance requires that the organizations get a certificate on an exemption from City Council.  This was put in the ordinance in 1950.
	AN ORDINANCE AMENDING CHAPTER 17, “LICENSES," SECTION 17-23, “EXEMPTION FROM CHAPTER PROVISION:  FREE LICENSES" ORDINANCE NO. S1983-6.
	Councilmember Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously.
	A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1983.
8.	The next item for consideration was the purchase of 200 additional roll-out cart containers.  City Manager Smith presented this matter and stated that due to the addition of new homes and annexations, in addition to replacing damaged and stolen carts, there is a need for these additional carts that were originally cut from the budget.  He further stated that the recommendation is that the estimated cost of $11,000 would be transferred from City Council contingency.
	Councilmember Wofford offered motion to approve the recommendation of the City Manager, seconded by Councilmember Jones and carried unanimously.
9.	The next item for Council's consideration was the resolution setting Minority Business Enterprise goals.  Assistant City Manager Stancil presented this matter and recommended adoption of the resolution.
	Councilmember Johnson asked Mr. Stancil to give him the definition of minority.  Mr. Stancil responded by reading from the resolution the following: “These minorities may include, but are not necessarily limited to, Blacks (not of Hispanic origin); Hispanics, Asian or Pacific Islanders; American Indians or Alaskan Natives; and women, regardless of race or ethnicity."  Mr. Stancil further stated that in order to take advantage of this, the minority must have 51% controlling interest in the business.
	A RESOLUTION SETTING MINORITY BUSINESS ENTERPRISE GOALS.  RESOLUTION NO. R1983-27.
	Councilmember Wofford introduced the foregoing and moved its adoption, seconded by Councilmember McBryde and carried unanimously.
	A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1983.
10.	Council next gave consideration of proposed on-street parking plan for the 100 Block of Person Street.  City Manager Smith presented this matter and stated the reason for presenting this concept to Council at this time was that if the concept is appealing to Council they could begin some work on it prior to getting the funds budgeted in the 1983-84 budget.
	City Engineer Bennett then displayed a large illustration of the concept and explained that this plan will allow more parking space in addition to preserving the bus pull-out and landscape features.  With the closing of Hay Street, the 100 Block of Person Street should no longer have to carry through traffic.
	Following lengthy discussion, Councilmember Wofford offered motion to defer action on this plan until the staff has contacted the merchants in the 100 Block of Person Street.  Motion seconded by Councilmember McBryde and carried unanimously.
11.	Appointments:
A.	Energy Advisory Committee nominations - Councilmember McBryde offered motion to follow recommendation of the Energy Advisory Committee and nominate Mr. Michael Green, Business category; Rev. Mike Aiken, Energy Advocacy Groups; and Mr. Robert D'Alessandro, Homebuilders category.  Motion seconded by Councilmember Jones.
B.	Consideration of Civil Service Commission nominations - Following discussion, Councilmember Evans offered motion that the Mayor write a letter to the respected bodies requesting they appoint the proper people to the Civil Service Commission contingent upon the bill in legislative being passed, seconded by Councilmember Wofford and carried unanimously.
12.	Delegations:
	Clinton Harris appeared before Council and asked when Fayetteville would get an additional airline.  He explained his problem with the cost of flying from Fayetteville Piedmont Airlines and it being cheaper from the Raleigh Piedmont Airlines.
	Councilmember Dawkins asked City Manager Smith to check into this. 
13.	City Manager's Reports:
A.	Mr. Smith stated that Genie Steam Association in Swansboro, N.C., has asked that the old horse drawn steam fire pumper behind the Bordeaux Shopping Center be donated to them for restoration and display.  Mr. Smith suggested that Council authorize him to check into this and see what would be best for the fire engine, but he would personally like to keep it in Fayetteville.
	Following some discussion, Councilmember McBryde offered motion to authorize the City Manager to look into this matter and return his findings to Council, seconded by Councilmember Jones and carried unanimously.
B.	Mr. Smith next presented a budget amendment request for the 500 Block of Hay Street property acquisition.  Mr. Smith presented the figures and summarized by stating his recommendations as follows:
	1.	Adopt the submitted budget amendment now, which appropriates $480,000 from the parking reserve and $320,000 from Revenue Sharing capital projects;
	2.	Set a public hearing for May 16, 1983 on an amendment to appropriate an additional $570,000 from Revenue Sharing capital projects and $325,000 from Revenue Sharing fund balance.
	There was lengthy discussion and Councilmember McBryde offered motion to adopt the two suggestions recommended by the City Manager, seconded by Councilmember Jones.
	There was further lengthy discussion and Councilmember Jones called for the question but there seemed to be a need for further discussion.  The Mayor then called for vote on ceasing debate.  The vote was in favor of continuing discussion.
	Councilmember Johnson offered substitute motion to delete the $100,000 for the Street Maintenance Building from the $890,000 from Capital Project money, seconded by Councilmember Wofford.
	Council asked Mr. Smith for a little more clarification.  He stated that what he was asking for tonight is for Council to adopt a budget amendment that doesn't include all the Capital Project money, but to transfer $320,000 from that $890,000 and to set a public hearing on an amendment to appropriate an additional amount.
	Councilmember Johnson withdrew his substitute motion.  Mayor Hurley then called for a vote on the original motion to adopt the two suggestions recommended by the City Manager, it was unanimous.
	The City Manager stated he has several items that could be brought to an information meeting if Council would like to schedule one for Monday, April 25.  Council agreed on this meeting and it is to be held at the Kyle House Conference Room due to another meeting scheduled for the Council Chamber.
	Mr. Smith reported to Council that he had appointed Assistant Fire Chief Wilbur Johnson as interim Chief of the Fire Department, who was Assistant Chief for Administration and did not work shift work.
	Mr. Smith stated that he plans to advertise the position of Fire Chief and begin interviews in approximately 30 days, which, should be after the bill is passed in legislature regarding the Civil Service Commission.
	The last item Mr. Smith presented to Council was regarding a phone call he received from Congressman Rose's office asking for  the number of Councilmembers that are to attend the Saturday morning breakfast.  Council advised him that they had already responded.
	Council asked Mr. Smith to report on the progress on acquiring a site representative for the Transit Mall.  He responded that good applications had been received and the Capital Projects Team should begin interviews right away. 
14.	Matters of Interest to Council:
	Mr. Jones stated that he had received several calls regarding Carroll Street at the King Shopping Center concerning the poor condition of the road.  It was established that this is a non-dedicated road owned by the King Shopping Center and the City cannot maintain this road.
	Following some discussion, Council instructed the Engineering Department to put a sign at the end of Carroll Street stating that this is the end of City maintenance.
	Mr. Jones further stated he had received several requests that a park be put in the Raeford Road area in the vicinity of Glendale Acres.  Mayor Hurley responded that an attempt had been made several years ago to put a park in the area but the Marlborough Road residents strongly objected to this because of the noise, lights, and strangers that it would bring into their area.
	One more item that Mr. Jones was concerned about was the fact that the gates were left down on parking lot number 7 during the weekend, and some people were upset because they could not use the lot for church on Sunday.  Mr. Monaghan explained that Mr. West, Parking Facilities Supervisor, is in charge of this lot and was on vacation last week.  Someone failed to make sure the lot was left open for the weekend.
	The last item Mr. Jones wished to bring to the attention of Council was that there have been quite a few complaints regarding dogs running loose at night, especially on Mechanic Street.  He feels something should be done about this.
	Councilmember Johnson stated he had been approached by several people concerned about the railing on the new bridge rusting and the rust going into the concrete.
	Assistant City Manager John Monaghan responded that it is weathering steel and the coping on top also has a drain spout for the water to drain out over the side but in a period of 4 to 5 months it mellows out.
	Councilmember Johnson stated he has had several complaints of the profanity on our City buses and feels something should be done to control this because some citizens are afraid to ride the buses.
	Councilmember Dawkins commented on the success of the Dogwood Festival parade.  He was, however, unhappy that Council lost the basketball game with the Youth Council.
	Councilmember McBryde stated that he was also disappointed in the loss of the game and feels that maybe with some practice they can do better next year.
	Councilmember McBryde complimented Julia Warner, the Mayor's aide, for the calendar of events that was put in their packet and stated he would like to see this on a regular basis.  He further requested that a committee be set up for an appropriate memorial for the deceased Fire Chief Thurman Bishop.  Mr. Wofford, Mr. McBryde and Mr. Dawkins volunteered to serve.  Mayor Hurley asked Mr. Wofford to serve as Chairman.
	Mayor Hurley reminded Council of the opening ceremony of the new Highsmith-Rainey Memorial Hospital and Sunday on the Square.  Mayor Hurley also reminded Council of the Monday morning, May 9th breakfast with the Youth Council, which begins Youth Council Week.  Also, May 12th, Mayor's Day in legislature.  He further commented on the success of the Dogwood Festival thus far, and the City has never looked cleaner.  He expressed appreciation to all the departments that worked so hard on this.
	Mayor Hurley recognized Chris Barna of the Engineering Department, who was present in the audience.
	There being no further business, the meeting was adjourned at 10:10 p.m.
INFORMATION MEETING
MONDAY, APRIL 25, 1983
FAYETTEVILLE CITY COUNCIL
INFORMATION MEETING
KYLE HOUSE CONFERENCE ROOM
MONDAY, APRIL 25, 1983
7:00 P.M.
Present:	Mayor John W. Hurley
		Councilmembers Milton Wofford, Milo McBryde,  J.L. Dawkins, Aaron Johnson, Mildred Evans, Jimmie Jones
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr. City Attorney
		Emory C. Albritton, Inspections
		Robert M. Bennett, Engineering
		Jack C. Wilson, Parks and Recreation
	Mayor Hurley called the meeting to order and offered the invocation.
	Council first heard a presentation by Mr. Albritton on the duties, functions and operations of the Inspections Department.
	City Manager Smith then presented the Council information on a proposed change in the City's organization:
	A.	Consolidation of the Cemetery and Parks and Recreation Departments; and,
	B.	Establishment of a permanent maintenance crew to rotate from department to department to meet various seasonal and special needs such as grounds maintenance, street maintenance and seasonal leaf collection.
The City Manager's presentation included a discussion of the standard organization and of his attempts to organize the City for the management of tasks in order to better utilize limited resources.
	Councilmembers endorsed the reorganization efforts and the philosophy of task management.  They asked that the reorganization be placed on the May 2nd Agenda for consideration.
	There being no further business, the meeting was adjourned at 9:20 p.m.
REGULAR MEETING
MONDAY, MAY 2, 1983
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
MONDAY, MAY 2, 1983
7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Milo McBryde, J.L. Dawkins, Aaron Johnson, Mildred Evans, 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 extended a welcome to Rev. Randy Wilding, a newcomer to the City.  Rev.  Wilding, Minister of Cross Creek Presbyterian Church, then offered the invocation.  Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the flag.
	Mayor Hurley welcomed Fayetteville Youth Council representative Melissa Forbis to the meeting.
	The first order of business was the Consent items.
	Mr. McBryde offered a correction to the minutes of April 18th by stating that it was Mr. Wofford and not himself who issued the compliment to Mrs. Julia Warner, Mayor's aide, for the calendar of events.  The City Attorney stated that Item IL on tonight's agenda should read Theodore and Susan Rhodes.
	Mr. McBryde then offered motion, seconded by Mr. Dawkins and carried unanimously to approve all of the Consent items IA through L with the correction as stated.  The Consent items appear below.
A.	Approved Minutes of the Regular Meeting of April 18, 1983 as corrected. 
B.	Approved the Minutes of the Information Meeting of April 25, 1983.
C.	Set public hearing for June 20, 1983, to consider the rezoning from R10 Residential District to C1A Area Commercial District or to a more restrictive zoning classification an area located on the southwest corner of the US 401 Bypass at its intersection with Cain Road.
D.	Set public hearing for June 20, 1983, to consider the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification an area located at 3017 Ramsey Street.
E.	Set public hearing for May 16, 1983, to consider annexation of a tract of land located on the west side of North McPherson Church Road and adjacent to Chi-Chi's.
F.	Set public hearing for May 16, 1983, to consider annexation of a vacant tract of land located west of Rosehill Road, adjacent to Hillendale West.
G.	Conditional approval of McDonald's Restaurant in a C(P) Planned Commercial District for preliminary and final parking plan revision review located on the southwest corner of US 401 Bypass and Morganton Road.
H.	Conditional approval of Briarwood Gardens in an R10 Residential District for preliminary and final zero lot line group development review located on the west side of Edmunton Road approximately 1,000 feet north of Colgate Drive.
I.	Authorize City Manager to consolidate Cemetery and Parks and Recreation Departments.
J.	Approve tax refund for We Try Harder, Inc. in the amount of $20.67.
K.	Elect nominees previously made to fill vacancies on the Energy Advisory Committee as follows:  Michael Green, Business Category; Mike Aiken, Energy Advocacy Group; and Robert D'Alessandro, Home Builders.
L.	Set public hearing for May 16, 1983, to consider a downtown redevelopment loan to Theodore Rhodes, Jr. and Susan S. Rhodes, Oriental Rugs.
2.	Public Hearings:
A.	Consideration of downtown redevelopment loan to “Best-of-Bow".  The recommended action was approved.
	The City Attorney presented this matter and made several corrections on the Revenue Note and the Deed of Trust involved in this transaction.  There was considerable discussion of this matter.  No one appeared for or against.  Mr. McBryde then offered motion, seconded by Mr. Dawkins to approve this item as recommended.  Motion carried unanimously.
B.	Consideration of a resolution and order closing Breezewood Avenue east of Forsythe Street.
	The City Manager presented this matter and stated that he had received, today, a request from an attorney representing some of the property owners and petitioners for a continuance of this matter.
	Mayor Hurley recognized Mr. Clinton Harris, a local citizen, in opposition to this street closing due to fire trucks and rescue vehicles being unable to reach the area.
	Following brief discussion, the City Manager recommended continuance of this matter for two weeks.
	Mrs. Evans then offered motion, seconded by Mr. Jones and carried unanimously, for continuance of this matter to the next regular meeting on May 16th.
C.	Consideration of a resolution and order closing East and West Collier Drive, Penny Street, Pear Street, and Newbern Avenue.  The recommended action was adoption of the resolution.
	The City Engineer presented this matter and stated this was in the Community Development plans for southeast Fayetteville.  No one appeared for or against this matter.
	Mr. Wofford then offered motion to close the foregoing streets as recommended by the adoption of the resolution, seconded by Rev. Johnson and carried unanimously.
	RESOLUTION AND ORDER CLOSING EAST AND WEST COLLIER DRIVE, PENNY STREET, PEAR STREET AND NEWBERN AVENUE.  RESOLUTION NO. R1983-28.
	A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1983.
D.	Consideration of a final resolution requiring the paving pursuant to petition of Grady Street from Powell Street to Hamlet Street.  The recommended action was approval.
	The City Engineer presented this matter and stated that he had received a letter from Tolar Hart Mills for additional paving on Garvin Street.  He stated, however, that no petition had been received and this request must be handled as a separate matter.  No one was present in favor or against this street paving.
	Mr. Wofford then offered motion for the adoption of the resolution as recommended, seconded by Rev. Johnson and carried unanimously.
	FINAL RESOLUTION REQUIRING THE PAVING OF GRADY STREET.  RESOLUTION NO. R1983-29.
	A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1983.
E.	Consideration of annexation of a tract of land located on the west side of South McPherson Church Road.  The recommended action was the Annexation Technical Review Committee recommends approval.
	Planner Al Mitchell presented this matter and stated the property is located south of Cliffdale Road between South McPherson Church Road and the All American Freeway and consists of forty-seven (47) acres.  The property is currently undeveloped, a church and 120 lot single family residential subdivision is proposed for the site.  The Commission recommends approval.
	Council recognized Mr. John Broadwell, the developer in favor of the annexation.
	Council also recognized Rev. Randy Wilding, of Cross Creek Presbyterian Church, in favor of the annexation.
	Council also recognized Mr. Clinton Harris, a local citizen, in opposition to the annexation calling it piecemeal annexation.
	Following brief discussion, Mr. McByrde offered motion, seconded by Mr. Dawkins and carried unanimously to approve the annexation as recommended by the adoption of an ordinance.
	AN ORDINANCE EXTENDING THE CITY LIMITS OF FAYETTEVILLE TO INCLUDE A TRACT OF LAND LOCATED ON THE WEST SIDE OF SOUTH McPHERSON CHURCH ROAD.  ANNEXATION NO. 83-5-260.
	A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1983.
3.	Public Works Commission Matters:
	Assistant Manager Tim Wood presented the PWC matters.
	On Item A, Mr. Wood stated that they had received an additional request for a 1-inch water connection from the next door neighbor and PWC recommended approval of both.
A.	Consideration of an application for one 1-inch water connection to existing main to serve existing residence on Farmer's Road (Route 17, Box 395) , outside the City.
	Mrs. Evans offered motion to approve both applications as recommended, seconded by Rev. Johnson and carried unanimously.
B.	Consideration of an application for 1-inch water and 4-inch sanitary sewer connections to existing mains to serve residence at 624 Carrol Avenue, outside the City.   Property is contiguous to the City and the owner has petitioned for annexation.  PWC recommends approval.
	Mr. Wofford offered motion for approval of the foregoing as recommended, seconded by Mr. Jones and carried unanimously.
C.	Consideration of application for 1-inch water and 4-inch sanitary sewer connections to existing mains to serve 1309 Haywood Street, outside the City.  Approval was recommended.
	Mrs. Evans offered motion, seconded by Mr. Wofford and carried unanimously for approval of the foregoing as recommended.
D.	Consideration of bids received April 19, 1983, for the purchase of 106 electric distribution transformers of various sizes and types.   The recommended action was approval of the low evaluated bids totaling $381,620.14.
	Following brief discussion, Mr. Wofford offered motion to approve all low evaluated bids as recommended, seconded by Mrs. Evans and carried unanimously.  The bids appear below.
	1.	2-15 KVA Overhead from Mill Power Supply for $366 each.
	2.	2-75	KVA Overhead from Mill Power Supply for $1,074.39 each.
	3.	10 - 15 KVA Overhead CSP from National Transformer Sales at $359 each.
	4.	20 -	50 KVA Overhead CSP from Westinghouse Electric Supply for $775
	5.	10 - 25 KVA Overhead CSP from National Transformer Sales for $511 each.
	6.	60 - 50 KVA Padmount from National Transformer Sales in the amount of $1,026 each.
	7.	2 - 167 KVA Padmount from Westinghouse Electric Supply in the amount of $2,020 each.
4.	Consideration of amendment to Traffic Schedule 11 - Parking Prohibited.  The recommended action was approval.
	The City Engineer presented this matter and stated this amendment would prohibit parking on both sides of Cool Spring Street between Person Street and Russell Street adjacent to the County Courthouse complex.  Since the opening of the new courthouse parking lot to free parking, it has been noted that during times of parking overflow cars are parking along Cool Spring Street.  This inhibits traffic on this twenty-five foot wide north, south connector street in the downtown area.  This revision would eliminate this unsafe condition, he concluded.
	Following brief discussion, Mrs. Evans offered motion, seconded by Mr. Wofford and carried unanimously for adoption of the amendment.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE NUMBER 11 - PARKING PROHIBITED - COOL SPRING STREET.  ORDINANCE NUMBER NS1983-10.
	A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1983.
5.	Consideration of concurring ordinance Traffic Schedule Number 8 - Speed Control, Murchison, Morganton Roads with North Carolina Department of Transportation.  The recommended action was approval.
	The City Engineer presented this item and stated that this proposed revision to Traffic Schedule Number 8 - Speed Control, is in response to a recent NCDOT request for concurring speed zones within the City limits of existing proposed speed limits on both Murchison Road and Morganton Road.
	Following brief discussion, Mr. Wofford offered motion for adoption of the amendment, seconded by Mr. Jones and carried unanimously.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE TRAFFIC SCHEDULE NUMBER 8 - SPEED CONTROL, MORGANTON ROAD AND MURCHISON ROAD.  ORDINANCE NUMBER NS1983-11.
	A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1983.
6.	Consideration of a resolution authorizing sale of Lot 4, Block K, Villetex Mills, Inc. (Massey Hill Conversation Plan) to Welbuilt Homes, Inc. for $4,900.00.  The recommended action was adoption of the resolution.
	The City Attorney presented this matter and stated that it had been properly advertised.  He stated there was a reservation in the tract for 1,421 square feet needed for right-of-way.  He recommended adoption of the resolution approving the sale.
	Following brief discussion Mr. Dawkins offered motion, seconded by Mr. McBryde and carried unanimously for adoption of the resolution approving the sale.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION R1983-30.
	A copy of the foregoing resolution is on file in the Clerk's office in Resolution's Book R1983.
7.	Presentation by Mr. Bobby Suggs representing Olde Fayetteville Association and the Revitalization Commission regarding the naming of the Transit Mall.
	Council recognized Mr. Suggs who stated that the Olde Fayetteville Association approached the Revitalization Commission several months ago with the suggestion that an appropriate name should be found for the new Hay Street Transit Mall to reinforce the new image that the Mall is intended to help create in that portion of downtown.  The Revitalization Commission supported the idea and encouraged the Olde Fayetteville Association to begin the search for an appropriate name.  Since that time a committee of the association has been at work on the task of finding such a name for the Mall.  The special committee completed its work several weeks ago and recommended a name which has been endorsed by the Board of Directors of the Olde Fayetteville Association and by the Revitalization Commission.  Mr. Suggs stated he was appearing before the Council this evening on behalf of the Association to review the selection process used by his Committee and to present the suggested name.  Mr. Suggs then, with some fanfare and a great deal of enthusiasm and pride, revealed the name for the City Council.  It was “OLDE FAYETTEVILLE COMMONS".
	Mrs. Evans promptly moved, seconded by Mr. Dawkins and carried unanimously to approve the recommendation of the Olde Fayetteville Association and the revitalization Commission in this name.
	Following some brief discussion concerning the Committee's work on this, Mr. Suggs was requested by the Mayor to submit a history of the Commission's work in the selection of the name for incorporation in the minutes.  Mr. Suggs stated he would gladly comply.
8.	Consideration of a contract with North Carolina State University Center for Urban Affairs and Community Services for a computer operations analysis study.  The recommended action was to authorize the City Manager to execute the contract.
	Assistant City Manager Roger Stancil presented this item and stated the contract is for assistance in the analysis of our computer operations.   They will study our current flow of information, both manual and computerized, to determine in what ways data processing techniques can be applied to improve that flow.  Included will be an analysis of the internal fiscal controls.  This study will result in alternate means for meeting our data processing needs along with recommended implementation of a five year development plan.  The auditors have recommended that we undertake a study such as this.  Both the Finance Director and the City Attorney have reviewed this contract.  He recommended that the contract be awarded so that we may begin as soon as possible.  The cost of the contract is $19,750.
	Mrs. Evans then complimented the staff on this action and moved that the City Manager be authorized to execute the contract, seconded by Mr. Dawkins and carried unanimously.
9.	Consideration of an amendment to the Capital Projects Ordinance Change 8 (CAP 1) (Courthouse Annex Parking Project).  The recommended action was adoption of the amendment.
	The City Manager presented this item and stated that up to this point we have only put enough money into this project ordinance for acquisition of property from the County.  We are now ready to begin demolition of the buildings and reconstruction of the lot.  The funds for this portion of the project are coming from the interest earned on the parking reserve, he stated.
	There was then considerable discussion of this matter.  Mr. McBryde asked if this would be an attended parking lot.  The City Manager replied in the affirmative.  Mr. McBryde stated he would be opposed to this.
	Following some lengthy discussion, Mr. Wofford offered motion to approve the amendment as presented and recommended.  Motion seconded by Rev. Johnson.  Following some further discussion, Mayor Hurley called for the vote on the motion and it carried, Mr. Jones and Mr. McBryde voting against.
	Mayor Hurley then declared a five minute break.
	Mayor Hurley then called the meeting back to order and continued with the agenda items.
10.	Appointments:
A.	Nominations for City Council appointees to the Civil Service Commission under Chapter 22 of the Fayetteville City Code.
	The City Attorney stated that in the original amendment, it had been overlooked that the City Council is to implement the recommendations of the Study Committee.  He then suggested the amendment of Section 22-24, Subsection C, Subsection 1 to reflect the Study Commission's recommendations exactly.
	Mrs. Evans offered motion, seconded by Mr. Wofford and carried unanimously to adopt the amendment as recommended by the City Attorney.
	Council then moved to nominations and Mr. Dawkins nominated Dr. William Shipp.  Rev. Johnson nominated Mr. Paul B. Lewis.
	Mayor Hurley stated these nominations would be reconsidered at the next regular meeting.
B.	Nominations to fill one vacancy on the Board of Appeals on Dwellings and Buildings.
	Mrs. Evans nominated Mr. John Mitchell.
	Mayor Hurley stated this nomination would be considered at the next regular meeting also.
	There were no further appointments considered.
11.	City Manager's reports:
A.	Person Street Parking Proposal.
	The City Manager stated there was a meeting at the Market House last week with merchants from Person Street regarding proposals presented to the City Council.  The proposal has merits and rather than investing a great deal of money now, that we simply concurrent with the beginning of construction on the Olde Fayetteville Commons line off parking in accordance with the proposal, leaving the street open and see how that works out.  It may be changed, if desired, he stated.  There would be 90 degree angle parking.  Speed limit reduction could be done later as well as planter planning.  Money could be set aside later to do the whole project.  He stated that no motion was requested of the Council at this time on this matter.
	The City Manager also informed Council that he had received a request from a Mr. Maxwell that the City request a traffic count on I-95.  He stated DOT had been approached and had been informed that the Council must request the count.  He suggested that prior to this that TAT may want to consider this request and Mr. Dawkins replied that it would.
	Following brief discussion, Mrs. Evans offered motion that we request DOT to make the count, seconded by Mr. Jones and carried unanimously.
	The City Manager then provided the City Council with an update of the Affirmative Action Plan.  He distributed copies of the plan and reviewed it with the Council.  He showed statistical data by minority and female for the years 1978-1983.
	There was then a very lengthy discussion on this subject and concluded with Rev. Johnson commending the City Manager on the comprehensive report and actions.
	The City Manager then provided the City Council, at their request, with information on the Airport matter.  He stated that there was some confusion with the Airport employees concerning their hours of duty.  He stated that recent changes made in the City Code provide that the City Manager would administer Airport employees.  He stated that recently the Assistant Airport Manager was hired under the provision of these changes.  He stated that some controversy had come about concerning the Airport Commission employees hours of work.  He stated that he had experimented about thirty days with the new procedure.  He stated he had contacted other airports in the state and that their management personnel are on call.   He stated he wrote the memo to the City Council for their information only on this subject.  The City Manager suggested a meeting between the City Council and the Airport Commission to discuss this.  Mr. Wofford disagreed and stated that the City Manager should explain guidelines first, then consider a meeting.  Mr. McBryde suggested that the Commission's review their responsibilities.
	The discussion was concluded with Mr. Wofford suggesting that the City Manager study these guidelines and bring back recommendations to the Council.
	The City Manager stated this concluded his presentation and that he had intended, at the beginning of the meeting, to request an executive session at the end of this meeting to discuss a personnel matter.  This was satisfactory with City Council.
	The City Manager then called on Mr. John Monaghan, Assistant City Manager for Economic Development, for a presentation on the Hay Street canopies as they relate to the construction of the Transit Mall.  Mr. Monaghan stated the canopies were erected in the 1960s.  He stated he had discussed with the owners the best way to remove them.  He stated he had contacted twenty-eight different businesses and most of the owners, and had received different reactions.  The property owners said they will work with him in any way they can.  He stated that two were not interested.  He stated one major property owner was now making changes.  Some others wish to leave the canopies as they are.  He recommended to the Council that he continue to communicate with the property owners on this matter and that he would bring back an ordinance at a later date for Council's consideration.  Some discussion was then held about signs on Hay Street.  Mr. Monaghan stated this would be included in the proposed ordinance.
	This concluded Mr. Monaghan's presentation and the Mayor commended him on a good report.
12.	Delegations:
A.	Rev. Smith to discuss the Murchison Road Redevelopment Area.  Mr. Smith was not present.
	Council then recognized a Mrs. Forbis from the Cain Road area.  Mrs. Forbis stated that there was considerable broken pavement on Cain Road and presented a very hazardous condition to vehicular traffic.  This hazardous condition also extended to pedestrians walking along this road.  She stated in a recent study conducted by her that she had met thirty-seven vehicles on one day along this section of road and forty-one in the opposite direction on the same day.  She stated that wet weather causes big problems along this section of road.  She stated she had talked to Mr. Dan Stout owner of Eutaw Shopping Center and others concerning this.  She stated these various serious problems will cause accidents and possible loss of life and that the situation needs immediate consideration of the Council.
	In response to question, the City Engineer stated that he would like to give a complete report to the City Council concerning this but that he can make immediate repairs and give the report in two weeks time, if they desire.  This was satisfactory with the Council.
13.	Matters of Interest to the City Council:
	Mr. Wofford stated he wanted a copy of the PWC budget proposed for 1983-84 for study.  Mr. Wofford also stated the Committee on the memorial to Chief Thurman Bishop had met and will make a recommendation.  Mr. McBryde stated he would like to have another meeting on this matter before the recommendation is made.
	Mr. Wofford requested the Policy Committee is meeting to consider the City's wrecker policy and will make a report.
	Mr. Wofford stated that the City Manager give consideration to a Public Safety Director before hiring a new Fire Chief so that consideration can be given to a combined Police and Fire Department.
	Mr.  Dawkins commented on the recent death of Mr. Sam Hutaff, a prominent, local citizen.
	Rev. Johnson stated he concurred in Mr. Wofford's statement concerning the Public Safety Director.
	Rev. Johnson also informed Council that President Reagan does support revenue sharing and impact aid.
	Mr. Jones directed a question to the City Engineer asking if the state is cooperating on the water problem on the street at the Farmer's Market.  The City Engineer replied that DOT has corresponded and will give a report in the future.
	Mr. Jones directed a second question to the City Engineer on the Worth Street Project and the City Engineer replied that this is ready to start.
	Mr. Jones stated that at the dead end of Anderson Street at the new bridge, a lot of trash and limbs have accumulated at the barricade.  He asked that something be done about this.
	Mayor Hurley informed Council that next Monday, at 8:00 a.m., Youth Week begins.
	The Mayor informed the Council that he wanted to get resolutions in the minutes concerning the good work done during Lafayette and Dogwood Festivals.  The Mayor informed Council that Mr. J.W. Pate, a library trustee, wished to bring the latest information on the library site made by the Task Force at a brief meeting later this week.  Friday, 8:00 a.m., in the Kyle House was the time set for this information meeting.
	This concluded the regular agenda items and Rev. Johnson then offered motion, seconded by Mr. Jones and carried unanimously, that Council enter into an executive session to consider a personnel matter only, at 9:40 p.m.
	Council then reconvened into regular session at 10:00 p.m. and this meeting was adjourned upon motion made and duly seconded.
SPECIAL MEETING
WEDNESDAY, MAY 11, 1983
FAYETTEVILLE CITY COUNCIL
SPECIAL MEETING
KYLE HOUSE CONFERENCE ROOM
WEDNESDAY, MAY 11, 1983
5:30 PM
Present:	Mayor John W. Hurley
		Councilmembers Milo McBryde, J. L. Dawkins, Mildred Evans, Jimmie Jones
		John P. Smith, City Manager 
		Roger L. Stancil, Assistant City Manager 
		John M. Monaghan, Jr., Assistant City Manager 
		Robert C. Cogswell, Jr., City Attorney 
		Jack Wilson, Parks and Recreation
Absent:	Councilmembers Milton Wofford and Aaron Johnson
	Mayor Hurley called the meeting to order and offered the invocation.  Councilmember McBryde moved that the Council go into special session.  The motion was seconded by Councilmember Dawkins and carried unanimously.
	City Manager Smith and Mr. Wilson presented information on two proposed grant pre-applications:
	Land and Water Conservation Fund (LWCF) - $50,000 grant to be matched with $50,000 in local funds for development of the Cross Creek Linear Park.
	Urban Parks and Recreation Recovery Program (UPARR) - $231,000 grant to be matched with $100,000 local funds for renovations of facilities at Honeycutt Park.
	City Manager Smith explained that the funds for the local match for both of these grants were already budgeted for these projects in the 1982-83 Budget.  He also stated that the Capital Projects Management Team had reviewed and recommended both projects.
	Councilmember Evans moved to adopt the resolution for the UPARR grant and to authorize the Mayor to execute the pre-application for the LWCF grant.  The motion was seconded by Councilmember Dawkins and carried unanimously.  The resolution title is as follows:
	RESOLUTION AUTHORIZING FILING OF GRANT APPLICATION UNDER THE URBAN PARK AND RECREATION RECOVERY ACT OF 1978.  R1983-31
	A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book 1983.
	Council then heard a presentation by members of the Cumberland County Library Board of Trustees.  John Griffin, Chairman of the Board of Trustees, presented the background of efforts to build a new central library.  Jerry Thrasher, Director of the Library, presented details on the proposed building.  J.W. Pate presented financial information.
	There being no further business, the meeting was adjourned at 6:15 p.m.
REGULAR MEETING
MONDAY, MAY 16, 1983
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY COUNCIL CHAMBER
MONDAY, MAY 16, 1983
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, City Attorney
	Mayor Hurley called the meeting to order and welcomed all those present.  Mayor Hurley then called on the Rev. Floyd Benfield, Minister of Cedar Falls Baptist Church for the invocation.  Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley then recognized Fayetteville Youth Council representatives Jeff Bullard; Chairman of Youth Week, Steve Wilson; the new President and Robert Kennedy; a member.  Steve read a proclamation of thanks to the Mayor and Council for their participation with the Youth Council in Youth Week and presented the Council with a copy of the minutes of the Youth Council Meeting.  Mayor Hurley thanked the group for the presentation.
	Next was a presentation to the Fayetteville Independent Light Infantry.  Mayor Hurley recognized Captain Bruce Daws, Commander and Sergeant Steve Henshere.  Mayor Hurley commented on the illustrious history of the FILI, commended them on their participation in the recent LaFayette Festival and the Dogwood Festival as well as in the opening of the Bow Street/Maiden Lane Extension.  Mayor Hurley also commented on the 200th Anniversary of the organization.  Mayor Hurley then presented them with a framed certificate of appreciation.
	Next was to have been a recognition of Miss Francesca Adler; 1984 Miss Fayetteville, but Mayor Hurley stated that Miss Adler unfortunately was ill and could not be present this evening.
	Mayor Hurley asked if there were any comments from the Council prior to the beginning of the meeting and Rev. Johnson gave a brief report on his recent trip to Washington, D.C. with the Chamber and stated that they met with the Secretary of the Army and the Secretary of the Air Force and were assured of the continuance of both Ft. Bragg and Pope Air Force Base in the Fayetteville community.
	Mr. Dawkins commented on the recent loss by death of Mr. Joe Barr and of Councilman Wofford's father.  On a brighter note he stated, Mayor Hurley's son Brad graduated from UNC Chapel Hill, Mr. Wofford's son will graduate from Princeton and that his own (Mr. Dawkin's) daughter graduated from Peace College.
	Mayor Hurley stated the City Attorney had requested an executive session at the end of this meeting to consider litigation and property transaction.
	Mayor Hurley then moved into the first item on the agenda, the consent items.
	Mayor Hurley stated that one additional item should be added to the consent items and that was approval of the minutes of the special meeting of May 11, 1983.  He commented that Rev. Johnson and Councilman Wofford were not present at this meeting due to Rev. Johnson being in Washington and the death of Mr. Wofford's father.
	Mr. McBryde then offered motion, seconded by Mr. Wofford and carried unanimously for approval of the following consent items as amended:
1.	Consent:
A.	Approval of the minutes of the regular meeting of May 2, 1983.
B.	Approval of the minutes of the special meeting of May 11, 1983.
C.	Set public hearing for June 6, 1983 to consider the annexation of a tract of land located at 624 Carroll Avenue.
D.	Conditionally approved Windtree Apartments in an R5 residential districts for preliminary and final group development review located on the east side of Tradewinds Drive just north of Windcross Court.
E.	Conditionally approved the Greens Subdivision in an R5A and R10 residential district for preliminary and final zero lot line development review located north of US 401 Bypass (Country Club Drive) west of Ramsey Street (US 401, Bypass).
F.	Election of nominee previously made to fill one vacancy on the Board of Appeals on Dwellings and Buildings.  This was Mr. John Mitchell elected for a three year term of office, said term to run to May, 1986.
2.	Public Hearings:
A.	Consideration of rezoning from P1 Professional District to P2 Professional District or to a more restrictive zoning classification an area located at 904 Arsenal Avenue and 110 Myrover Street.  Planner Mitchell presented this item and stated the Planning Board recommended to approve the rezoning of Tract 2, 110 Myrover Street to P2 Professional District and deny the rezoning of Tract 1, 904, Arsenal to P2 Professional District.
	Neither pro nor con were present.
	Following the brief discussion, Mrs. Evans offered motion for approval of the foregoing rezoning as recommended by the adoption of the following ordinance, seconded by Mr. Dawkins and carried unanimously:
	AN ORDINANCE OF THE FAYETTEVILLE CITY COUNCIL AMENDING THE ZONING ORDINANCE AS FOLLOWS:  REZONE FROM P1 PROFESSIONAL DISTRICT TO P2 PROFESSIONAL AN AREA LOCATED AT 110 MYROVER STREET.  ORDINANCE NUMBER NS1983-12.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1983.
B.	Consideration of the rezoning from PND Planned Neighborhood District to Residential District or to a more restrictive zoning classification an area located on the west side of Ramsey Street (US 401 Bypass) north of London Road.
	Planner Mitchell stated the Planning Board recommended approval.
	Attorney Herb Thorpe was recognized for the petitioner in favor of the rezoning.
	A Mr. Lechner, an area resident and several others were recognized in opposition to the proposed rezoning.  Approximately twenty persons were present in the audience.  Mr. Lechner stated that the congestion and the vehicle traffic would impose unfavorable living conditions and danger to children and pedestrians
	The following named were also recognized in opposition to the rezoning:; Mr. Roman Gusic, Gene Kelly, a Colonel Eberly; U.S. Army (Retired), who requested R10 zoning, Georganna Simpson; an area resident also opposed.
	Considerable discussion followed.  Following this, Mr. Thorpe was recognized in rebuttal and stated to the Council that in view of the investments made by his client, the property must be developed for multi-family use.
	There was some further lengthy of discussion.
	Colonel Eberly was again recognized and requested R10 zoning.
	Following some further discussion, Mr. McBryde offered motion to rezone the area R10 by the adoption of an ordinance, seconded by Mr. Wofford and carried, Mayor Hurley voting no.
	AN ORDINANCE OF THE FAYETTEVILLE CITY COUNCIL AMENDING THE ZONING ORDINANCE AS FOLLOWS:  THE REZONING FROM PND PLANNED NEIGHBORHOOD DISTRICT TO RID RESIDENTIAL DISTRICT OF AN AREA LOCATED ON THE WEST SIDE OF RAMSEY STREET (US 401 NORTH) NORTH OF LONDON ROAD.  ORDINANCE NUMBER NS1983-13.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1983.
C.	Reconsideration of a Resolution and Order closing Breezewood Avenue; east of Forsythe Street (continued from meeting of May 2, 1983).
	The City Engineer presented this matter, stated that all property owners had been notified of this hearing, and recommended that the street be closed.
	Council recognized Attorney Rudolph Singleton for Mr. O.R. Manning, his client, in favor of the street closing.  Attorney Singleton stated the property owners will give an easement across the entire non-used street if it is closed.  There was no opposition present.
	Following brief discussion, Mrs. Evans offered motion for adoption of a resolution to close this section of Breezewood, subject to an easement for the Jessup property.  Motion seconded by Mr. Wofford and carried unanimously.
	RESOLUTION AND ORDER CLOSING BREEZEWOOD AVENUE EAST OF FORSYTHE STREET.  RESOLUTION NO. R1983-32.
	A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1983.
D.	Consideration of a final resolution requiring the paving pursuant to petition of Hamlet Street from Grady Street to Reeves Street.  The recommended action was adoption of the resolution.  The City Engineer presented this matter, stated that all property owners had been notified and recommended the paving.
	There were neither pro nor con present.
	Following brief discussion, Rev. Johnson offered motion for approval of the paving as recommended by the adoption of a resolution, seconded by Mr. Jones and carried unanimously.
	FINAL RESOLUTION REQUIRING THE PAVING OF HAMLET STREET.  RESOLUTION NO. R1983-33.
	A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1983.
E.	Consideration of a final resolution requiring the paving without petition of Middle Road from Dunn Road to the northwestern corner of the Estes Express Lines property as described in Deed Book 2880, Page 279, Cumberland County Registry.  The recommended action was adoption of the resolution.
	The City Engineer presented this matter and reminded Council that it had been heard at a previous meeting.  He stated that all property owners had been notified.   He again presented Council with detailed information concerning this improvement.  He stated that this was for consideration of improving Middle Road for a length of 1,250 feet immediately northwardly from the Dunn Road intersection.  He recommended proceeding with the proposal using state street aid (Powell Bill) funds.
	There were neither pro nor con present.
	Following some discussion, Mrs. Evans offered motion for approval of the paving by the adoption of a resolution, seconded by Rev. Johnson and carried, Mr. Jones voting no.
	FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF MIDDLE ROAD.  RESOLUTION NO. R1983-34.
	A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1983.
	Mrs. Mable McLaurin, an area resident on Middle was then recognized by the Council and commented on the frequent and heavy truck traffic along this section of road and requested relief.
	Rev. Johnson suggested that such relief be given if possible and as soon as possible.
	Mr. Wofford stated that this section of Middle Road is on the thoroughfare plan, approved by the Council and if this is a problem it should be removed from the plan.  The City Engineer was requested to check this out.
F.	Consideration of annexation of a tract of land located on the west side of North McPherson Church Road, adjacent to Chi-Chi's.  Planner Mitchell presented this matter and stated the Annexation Technical Review Committee recommends approval of this proposed annexation of the Showbiz Pizza Restaurant property at this location.
	There were neither pro nor con present.
	Mrs. Evans then offered motion, seconded by Mr. Jones for approval of this annexation by the adoption of an ordinance.  Motion carried unanimously.
	AN ORDINANCE EXTENDING THE CITY LIMITS OF FAYETTEVILLE TO INCLUDE A TRACT ON THE WEST SIDE OF MCPHERSON CHURCH ROAD ADJACENT TO CHI-CHI'S RESTAURANT.  ORDINANCE NO.  83-5-261.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Annexation Ordinance Book 1983.
G.	Consideration of annexation of a vacant tract of land located west of Rosehill Road, adjacent to Hillendale West.  Planner Mitchell presented this matter and stated the Annexation Technical Review Committee recommends approval of the annexation of this tract which is the Carrie Benton property located on the north side of Hilton Drive.
	Mr. Harry G. McLaughlin, 847 Hilton Drive was recognized with questions concerning this annexation but not opposed to it.  There was lengthy discussion of Mr. McLaughlin's questions.
	Council then recognized Attorney Stacy Weaver, representing Mr. Gene Tart in favor of the annexation.  Mr. Tart was also recognized and stated that since there was no opposition he requested approval of the annexation.
	Following some further brief discussion, Mr. McBryde offered motion for approval of the annexation by the adoption of an ordinance, seconded by Mr. Dawkins and carried unanimously.
	AN ORDINANCE EXTENDING THE CITY LIMITS OF FAYETTEVILLE TO INCLUDE THE CARRIE BENTON PROPERTY LOCATED ON THE NORTH SIDE OF HILTON DRIVE. ORDINANCE NO. 83-5-262.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Annexation Ordinance Book 1983.
H.	Consideration of Municipal Service District.  The recommended action was adoption of a resolution.
	The City Attorney was recognized for Assistant City Manager John Monaghan and presented an explanation and displayed a map of the area showing an extension of the Tax District.  He further gave a brief description of the plan of the District.  Council then recognized Attorney Stacy Weaver, Vice President of the Olde Fayetteville Association and a property owner in the downtown
district who said there is a continued need for the District and urged the levying of the tax as proposed.
	A Mr. Biggs, representing Plitt Theaters, owners of the Colony Theater on Hay Street was recognized and asked questions on the proposed tax rate.
	The City Manger stated that this was for extension of the District.
	Council recognized Mr.  M.J. Weeks of Fayetteville Progress who stated he was in support of the plan.
	There was no opposition present.
	The City Attorney was then recognized and requested that there be included in the resolution that the rate not exceed 12¢ per $100 valuation.
	Following some further discussion, Mrs. Evans offered motion for approval of the foregoing by adoption of the resolution for a five year limit and for setting of the ceiling of 12¢ on the rate.  Motion seconded by Mr. Dawkins and carried unanimously.
	A RESOLUTION OF THE FAYETTEVILLE CITY COUNCIL CREATING A MUNICIPAL SERVICE DISTRICT PURSUANT TO CHAPTER 160A, ARTICLE 23 OF THE NORTH CAROLINA GENERAL STATUTES.  RESOLUTION NO. R1983-35.
	A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book 1983.
I.	Consideration of a downtown redevelopment loan to Theodore Rhodes, Jr. and Susan S. Rhodes, Oriental Rugs.
	The recommended action was approval.
	The City Attorney presented this matter and stated the application was for a $33,000 construction type loan for 122-124 Maxwell Street.
	There were neither pro nor con present.
	Following brief discussion, Mr. McBryde offered motion, seconded by Mr. Wofford and carried unanimously for approval of the foregoing application.
J.	Consideration of Hay-Branson Conservation Area Plan.  The recommended action was adoption of the resolution.
	Council recognized Mr. Richard Herrera, Executive Director of the Community Development Department.  Mr. Herrera presented detailed explanation of the plan and stated that it calls for preserving the area.  He also displayed a map.  He stated the plan calls for development of the old Haymount School site.   He stated that no zoning changes or relocations are planned in the first action year.  He stated this is a bank loan program for $10,000,000 worth of bonds.   He requested Council's endorsement of the plan.  He stated the plan was approved by the Commission on April 25, 1983, and by the Planning Board on May 3, 1983.  On neither occasion was opposition voiced to the plan and the only questions asked were relative to clarification of minor points contained therein.
	There were neither pro nor con present.
	Following brief discussion, Mr. Dawkins offered motion, seconded by Mrs. Evans for approval of the plan by the adoption of the resolution.  The motion carried unanimously.
	RESOLUTION OF THE FAYETTEVILLE CITY COUNCIL APPROVING REDEVELOPMENT PLAN FOR THE HAY-BRANSON NEIGHBORHOOD CONSERVATION AREA FIRST ACTION YEAR.  RESOLUTION NO. R1983-36.
	A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1983.
	Council then recognized Mrs. Sue Brown Bandy, President of Haymount Preservation Society who requested a plan for the rest of the area.
	Mr. Herrera replied that he would be glad to work with Mrs. Bandy on this. Mr. M.J. Weeks stated that a part of the program has to do with preservation in the area.
	There was then further brief discussion.
K.	Consideration of amendment to the 1983-84 General Revenue Sharing Budget. The recommended action was approval.
	The City Manager presented this matter and gave Council a report on his public hearing which was held on May 9th.  He explained the revenue sharing program and the purpose of the proposed use hearing.  He stated for the record that a motion was adopted by the Recreation and Parks Advisory Commission on May 9, 1983, made by Mrs. Jenkins to request that the City Manager and City Council not transfer any funds committed to Parks and Recreation to any other area of City work specifically the $100,000 Murchison Road commitments.  The motion was seconded by Mr. Kendrick and approved unanimously.
	Council recognized Mr. M.J. Weeks who requested approval for the 500 Block of Hay Street revitalization and for the start of the demolition program.
	There was considerable discussion of this matter and following such discussion Mr. McBryde offered motion to close the hearing and take no action, seconded by Mr. Dawkins and carried unanimously.
	Mayor Hurley then declared a five minute recess and stated that he would hear delegations as requested by the Rev. Raymond Smith after the recess.
10.	Council then reconvened into regular session and Mayor Hurley declared that Item 10, Delegations would be moved up prior to Item 3.
	Mayor Hurley then recognized Rev. Raymond Smith, 201 Pennsylvania Avenue who asked if money was approved for home improvements for the elderly people.  Rev. Smith stated he wants the Council to speed up the program in the area of Jasper Street and University Avenue.  He requested Council's help.
	Mayor Hurley informed Rev. Smith that the delegation needs to contact the Community Development Department pertaining to this.
	Mayor Hurley then recognized Mrs. Clair Horn who asked for work to be done on her house.  She stated she had talked to Mr. Herrera but no results as yet.
	Mayor Hurley recognized Georgia Marshall who stated the people think they are being treated unfairly on house repairs on Jasper Street.
	The City Manager stated to the group that no Community Development funds for neighborhood improvement have gone into the downtown area.  He stated he would contact Mr. Herrera concerning this.
	Mayor Hurley then suggested that the City Manager set a meeting with himself, the delegation and Mr. Herrera to explain the program to them.
	Mayor Hurley recognized Mr. Donald C. Fuller of McDaniel Street who asked if there were any funds being transferred to the downtown area which are designated for the Murchison Road area.  The City Manager replied that there are funds designated for the area for a park but no area has been reserved as yet.
	Mayor Hurley then extended thanks to the group for their presence and for their remarks this evening.
3.	PUBLIC WORKS COMMISSION MATTERS:
	Mr. Ray Muench, PWC Manger presented the PWC Items.
A.	Consideration of an application for one 2-inch water connection to existing main to serve a mobile home sales lot at 2900 Gillespie Street, outside the City. PWC recommended approval.  Mr. Muench stated an annexation agreement would be drawn.
	Mrs. Evans then offered motion for approval of the application, seconded by Rev. Johnson and carried unanimously.
B.	Consideration of bids received May 3, 1983 for the purchase of 1,980 feet of collector chain.  PWC recommended the low bid which met specifications by Diamond Hill Supply Company in the amount of $18,573.
	Mr. Jones offered motion for approval of the foregoing bid as recommended.  Seconded by Rev. Johnson and carried unanimously.
	This concluded the PWC matters and Mr. Muench was excused.
4.	Consideration of amendments to the Municipal Market Agreement approval on April 18, 1983.  The recommended action was adoption.
	The City Attorney presented this matter and stated the amendments were requested by the County Commissioners and the amendments are now satisfactory.
	Following brief discussion, Mr. Jones offered motion, seconded by Mr. McBryde and carried unanimously to approve the amendments as recommended. 
5.	Consideration of release of easement between Person Street and Adams Street on property owned by Tildon Walker Estate.  The recommended action was to authorize the Mayor to execute a quitclaim deed.
	The City Attorney presented this item and referred Council to the letter of request from Mr. John W. Taylor, Attorney for the Tildon Walker Estate.
	Mr. McBryde then offered motion for approval of the foregoing, seconded by Mrs. Evans and carried unanimously.
6.	Consideration of Budget Ordinance and Capital Project Ordinances:
A.	Budget Ordinance Amendment CHANGE 7 (Airport)
B.	Capital Project Ordinance 16 (West Street)
C.	Capital Project Ordinance 17 (Savoy Heights Recreation Center)
D.	Capital Project Ordinance 18 (Street Maintenance Facility)
E.	Capital Project Ordinance Amendment CHANGE 8
	The recommended action was adoption.  The City Manager presented this matter and provided Council with brief remarks from the memo.  He stated these amendments are generally housekeeping type amendments and ratify previous Council actions.
	Following brief discussion, Rev. Johnson offered motion to approve foregoing items A, B, C, D, and E as recommended by the City Manager.  Seconded by Mrs. Evans and carried unanimously.
7.	Report from City Engineer on Cain Road improvements.
	The City Engineer presented this matter and called Council's attention to his written report.  He stated that over a three year period fifty three accidents had occurred along this section of the road.  The City Engineer also provide an accident summary sheet, a three year accident experience and a recommended benefits cost analysis.
	He recommended consideration be given to funding this project over a two year period beginning with the 1983-84 budget and stated that in the immediate future the Street Maintenance Division will proceed with shoulder grading, maintenance work along ditches to improve drainage and asphalt patch work along the edges of the pavement.
	Mr. McBryde commended the City Engineer on a good report and study.
	Mrs. Evans then offered motion to give top priority in the 1983-84 budget for funding $677,000 over a two year period as recommended for this project.  Motion seconded by Mr. Jones and carried, Mr. Wofford voting no.
	The City Manager informed Council that this item will be presented in the new budget and that the work will be done by assessment.
8.	APPOINTMENTS:
A.	Election of nominees previously made to fill two positions on the Civil Service Commission.
	Mr. McBryde then offered motion, seconded by Mr. Jones and carried unanimously that the following named be appointed to the Civil Service Commission:  Dr. William P. Shipp for a two year term to June, 1985.  Mr. Paul B. Lewis to a three year term to June 1986.
	On other appointments, the Mayor reminded the Council of the memo they had received today concerning the June appointments and asked that they be given consideration for action of nominees at the next regular meeting.
9.	CITY MANAGER'S REPORT:
	The City Manager informed Council that he would like to hold an information meeting next Monday, May 23, 1983, 7:00 p.m. in the City Hall to present the budget and other matters.
10.	DELEGATIONS:
	No additional delegations requested recognition at this time.
11.	MATTERS OF INTEREST TO THE COUNCIL:
	Mr. Jones stated that he had received complaints from senior citizens on Oakridge Avenue and Ft. Bragg Road that their garbage carts are being placed on the sidewalk and not behind the sidewalk and it is causing them some concern.  He requested the City Manager call this matter to the attention of the Sanitation Superintendent.
	Mrs. Evans informed Council that the Human Services Commission is having a bingo party on Monday, May 23rd with refreshments at the Senior Citizens Service Center and all of the Council members are invited.
	Mrs. Evans stated she had received a complaint from a citizen regarding the purchase by the City of tractors made in Japan.  The tractor belonged to the Sanitation Department she stated.  She stated she was of the opinion that due to the economy the City should purchase only US made equipment where possible.   The City Engineer replied that there are no tractors made in the United States at this time.
	Rev. Johnson stated that some Murchison Road residential neighborhoods have problems with night clubs and he requested that this be checked out by someone.
	Rev. Johnson then offered his resignation from the Human Services Commission stating he felt there was a conflict of interest in some of the decisions made.  Mayor Hurley reluctantly accepted Rev. Johnson's resignation for the Council.
	Mr. McBryde extended thanks to the City Engineer for the erection of the dead end sign which was requested.
	Mr. Wofford stated that the policy committee needs to meet on the Thurman Bishop Memorial and the Wrecker Ordinance.  A meeting was set for Wednesday, the 25th at 7:00 p.m. in the City Hall.
	Mayor Hurley stated that Mr. J.W. Pate of the Library Commission was requesting a meeting with the Council on the library site and Thursday, May 19, 5:30 p.m. in the Kyle House was set to hear this matter.
	Mayor Hurley stated that more light was needed in the hallway outside the Council Chamber and the Assistant City Manager was requested to check this out.
	Mayor Hurley stated he had received a request for a handicapped parking space on Old Street at First Baptist Church.  The City Engineer was requested to check this.
	Mayor Hurley then extended thanks to the police officer for being present at the meeting tonight.
	Mayor Hurley stated he would entertain a motion to enter into executive session and Mr. McBryde moved, seconded by Mr. Dawkins and carried unanimously that the Council convene into executive session to discuss litigation and property transaction at 10:00 p.m.
	Council then reconvened into regular session at 10:20 p.m. and adjourned upon motion made and duly seconded.
SPECIAL MEETING
THURSDAY, MAY 19, 1983
FAYETTEVILLE CITY COUNCIL
SPECIAL MEETING
KYLE HOUSE CONFERENCE ROOM
THURSDAY, MAY 19, 1983
5:30 P.M.
PRESENT:	Mayor John W. Hurley
		Councilmembers Milton Wofford, Milo McBryde, J.L. Dawkins, Mildred Evans, and Jimmie Jones
		John P. Smith, City Manager
Roger L. Stancil, Assistant City Manager
Robert C. Cogswell, Jr., City Attorney
ABSENT:	Councilmember Aaron J. Johnson
	Mayor Hurley called the meeting to order and Councilmember Jones offered the invocation.
	The Mayor recognized City Manager John Smith for any recommendation he might have concerning the Cumberland County Library's request for assistance in funding a new Library.  The City Manager recommended that the City agree to program $150,000 in the Capital Improvements Program in Fiscal Year 1983-84 and an additional $200,000 in Fiscal Year 1984-85 to assist in the construction of a new central library facility to be constructed at the corner of Maiden Lane and Ray Avenue subject to the following conditions:
	1.	Approval of a $497,000 library grant from the state of North Carolina;
	2.	Reauthorization of the General Revenue Sharing Program by the United States Congress;
	3.	Payment of funds as necessary after the award of construction contracts.
	Councilmember McBryde moved that the City Manager's recommendation be adopted. The motion was seconded by Councilmember Dawkins and carried unanimously.
	There being no further business, the meeting adjourned at 5:40 p.m.
SPECIAL MEETING
MONDAY, MAY 23, 1983
FAYETTEVILLE CITY COUNCIL
SPECIAL MEETING
CITY HALL COUNCIL CHAMBER
MONDAY, MAY 23, 1983
7:00 P.M.
PRESENT:	Mayor John W. 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
John M. Monaghan, Jr., Assistant City Manager
Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and offered the invocation.  Mayor Hurley then recognized City Manager Smith who formally presented the 1983-84 Recommended Budget to City Council with the following Budget Message:
	Submitted herewith is the Recommended Budget for fiscal year 1983-84.  The Recommended Budget is fully balanced in accordance with the General Statutes.  Estimated revenues plus the appropriations from fund balances equal estimated expenditures.
	We are estimating for the purposes of this budget that the total assessed value of taxable property in the City of Fayetteville will grow at the rate of 2½% over the current year.  The cost of providing services is growing at a higher rate, however we can get through one more year without a tax rate increase.   I also feel that it is imperative that we protect our investment in our most important resource, which is our work force, and this Recommended Budget includes funds for a 4% cost of living increase for City employees.  Caught between the demands for maintaining services and the public's aversion to increasing the property tax rate, we must seek other sources of revenue while at the same time we seek to expand the tax base through economic development activities.  We must also be extremely careful in protecting our fund balance in the General Fund.  Many worthwhile requests from the City's departments were not recommended in order to keep the tax rate down and to fund a cost of living increase.
	I am proposing in this Recommended Budget a new approach to salary administration for executive level positions in the City.  This proposal will have very little impact on the budget (0.1% of payroll), but would completely alter the method of establishing rates of pay for the City's highest management employees.  Under a separate cover, I am submitting for your consideration an executive pay plan which would begin at Grade 27 in the City's current pay plan.  The proposed pay plan for City executive positions provides for minimums and maximums but no steps.  Automatic step increases would be eliminated with pay rates established based solely on merit.  The maximum merit during any fiscal year for any employee in these classes would be 5%.  The cost of implementing the proposed executive pay plan is $7,500.  I am requesting another $9,500 for merit increases which comes to 1.67% of the payroll covered by the plan.  This is based upon a maximum of 5% merit for one third of the covered employees.
	Another innovation in this year's budget is the Insurance Fund.  The City now has all of its insurance under consolidated administration.  For the first time we can accurately assess the cost of covering risk exposure.  Since some of our risk exposure is self-insured, such as employee health insurance, Worker's Compensation and various deductibles, we need also to consider maintaining reserves.  The purpose of the Insurance Fund is to account for our total risk management (insured and self-insured) under one fund including the cost of administering the risk management program.  Another purpose of the Insurance Fund is to begin establishing reserves against future claims.  The Insurance Fund does not represent any increase in the City's total budget, but will serve mostly as a pass through and holding account for premiums and claims payments.  Administration of the fund comes to only 4.6% of the fund.
	One program relating to risk exposure that needs attention badly is the City's safety program.  The City is currently spending approximately $120,000 annually in Worker's Compensation claims.  We are assuming total exposure in this area and our potential risk is too much to totally assume.  I am therefore recommending that we approach this situation from two sides.  First, we should seek to protect the City against potential catastrophic loss through insurance coverage on a stop-loss basis.  No funds are specifically budgeted for this, however after we get some proposals I feel we can amend the budget to cover a reasonable amount of premium cost.  The second approach is to greatly expand our efforts in employee safety.  Our Insurance and Risk Management Advisory Committee has recommended that the City seek assistance on a consulting basis and also consider employing the equivalent of a full time safety director.   I concur in both recommendations.   Funds for consulting services are in the Recommended Budget (up to $10,000).  Currently the City utilizes one of the General Inspectors in the Inspections Department as City Safety Officer.  I feel that the equivalent of a full time person is needed.  The funds for this position are available in Other Appropriations (salaries) if it is decided to employ someone.  We are also at this time exploring the possibility of utilizing the services of more than one City employee on a part time basis to get the equivalent of one full time.  We are also recommending a special appropriation under the Other Appropriations portion of the budget for safety supplies.
	The special maintenance work force that has been previously discussed with you is budgeted in the Sanitation Department budget where we normally budget the temporary leaf collection crews.  Outside agencies are recommended for funding at the same level as the current year.  Overall the operating budgets in the General Fund, including Other Appropriations, in the Recommended Budget have been increased 5.5% over the current year.  Considering that we held the general fund to a 1.5% increase last year, I do not consider that to be excessive.  This represents a 7% growth over two years, or an average of 3.5% per year, which when adjusted for inflation is literally no growth at all.  Over the past two years we have been cutting budgets in order to keep up with inflation.  The 1983-84 Recommended Budget simply reflects normal growth due to inflation.  We are not adding new programs nor are we expanding existing ones.
	The General Revenue Sharing Recommended Budget only includes the funds for the first quarter of the fiscal year along with leftover funds from the current fiscal year.  We will not be able to commit any additional funds until Congress acts to reauthorize the program.  The reauthorization of General Revenue Sharing is essential to the City's Capital Improvements Program.
	Fiscal year 1983-84 promises to be an exciting year for the City with construction beginning on the Olde Fayetteville Commons, the Hay Street Redevelopment Project, continuing efforts in creating new jobs in the community with the Prince Charles Hotel, and other important projects and programs.  During the year we will continue those efforts we have been making to get the most service possible from each City dollar spent.
	After discussion of several and items in the budget, City Council set times to meet for work sessions on the budget:
	Tuesday, May 31, 7:00 p.m., Kyle House Thursday, June 2, 7:00 p.m., Kyle House Thursday, June 9, 7:00 p.m., Kyle House
	There being no further business, the meeting was adjourned at 8:30 p.m.
SPECIAL MEETING
MAY 31, 1983
FAYETTEVILLE CITY COUNCIL
SPECIAL MEETING
KYLE HOUSE CONFERENCE ROOM
MAY 31, 1983
7:00 P.M.
Present:			Mayor John W. Hurley
Councilmembers:	Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans, Jimmie Jones
				John P. Smith, City Manager 
				Roger L. Stancil, Assistant City Manager
				William F. Epps, Finance Director 
				Jack Wilson, Director of Parks and Recreation
	Mayor Hurley called the meeting to order and Councilmember Johnson offered the invocation.
	Mr. Wilson presented a summary of a grant application to the Small Business Administration for the Parks and Recreational Area Development Grant Program.  The grant funds requested are $47,830.00 for rehabilitation of Honeycutt Park.  Basic activities under the grant would be landscaping.  A motion by Councilmember Evans, seconded by Councilmember Wofford, to authorize the application for these grant funds was carried unanimously.
	City Manager Smith then presented the Council with the five year Capital Improvements Program.
	Council then began consideration of the City Manager's 1983-84 Recommended Budget.  Discussion included the following departments:  Executive/Legislative, Personnel, Administrative Services, Human Services, I.D. Bureau, Police, and Fire.
	Upon motion by Councilmember Jones, seconded by Councilmember McBryde, and carried unanimously, the meeting was recessed until Thursday, June 2, 1983, 7:00 p.m. in the Kyle House Conference Room.
SPECIAL MEETING
THURSDAY, JUNE 2, 1983
FAYETTEVILLE CITY COUNCIL
SPECIAL MEETING
KYLE HOUSE CONFERENCE ROOM
THURSDAY, JUNE 2, 1983
7:00 P.M.
PRESENT:	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 
		William F. Epps, Finance Director
ABSENT:	Mayor John W. Hurley
	Mayor pro tem Dawkins called the meeting to order and offered the invocation.  Upon motion by Councilmember McBryde, seconded by Councilmember Wofford, Council voted unanimously to reconvene the special meeting recessed from May 31, 1983.
	Council first considered the schedule of budget workshop meetings.  The meeting scheduled for June 9, 1983 was canceled and a new session was scheduled for June 22, 1983 to meet with the Public Works Commission and finalize the budget.  Council also decided to hear outside agency requests at the public hearing on the budget to be set for June 20, 1983.
	Council then began consideration of the 1983-84 Recommended Budget including the following departments:  Inspections, Engineering, Sanitation, Recreation, and Cemetery.  Council also discussed the following funds:  Revenue Sharing, Sponsor Groups, Insurance Fund, Parking Facilities, Transit, Airport, and Fleet Maintenance.
	Upon motion by Councilmember McBryde, seconded by Councilmember Evans, and carried unanimously, the meeting was recessed until Wednesday, June 22, 1983, 7:00 p.m. in the Kyle House Conference Room.
REGULAR MEETING
MONDAY, JUNE 6, 1983
REGULAR MEETING
MONDAY, JUNE 6, 1983
7:00 P.M.
Present:	Mayor Bill Hurley
		Councilmembers Milo McBryde, J.L. Dawkins, Aaron Johnson, Mildred Evans and Jimmie Jones
Absent:	Councilmember Milton Wofford
		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 stated that he had two very special persons present at the meeting tonight that he wish to introduce to the assembly.  The first was his Father, the Reverend J. Bascom Hurley, a Methodist minister of forty years service who was present in the City attending the Methodist Annual Conference.  Also present with his Father was his Mother.  Also in the audience was Mayor Hurley's wife, Sandy.  Mayor announced that his Father would be 91 years old next week.  Mayor Hurley then called on his Father for the invocation.  Following the invocation Mayor Hurley lead the assembly in the Pledge of Allegiance to the Flag.
Recognition:
A.	Fayetteville Youth Council Representatives were not present at this time.
B.	1983 Miss Fayetteville, Mrs. Ellen Wiggins.  Mayor Hurley announced that due to illness Miss Wiggins was not present this evening.
C.	Kathy Krantz and Robbin Thornton winners of the New Girls Scout Silver Awards.  Mayor Hurley recognized these two young ladies and presented them with certificates and pins and congratulated them on their achievement.
	Mrs. Krantz, a Scout Leader was also recognized and offered comments on the girl scout activities and the achievements.  Following this the young ladies were accorded a vigorous round of applause from the audience.
	Mayor Hurley then stated that Rev. Johnson and the City Attorney had requested an executive session after this meeting to consider personnel and litigation matters.
	Mayor Hurley asked if there were comments from the Council and Rev. Johnson announced that President Reagan will appoint Mr. Lee Vanstanding as the new Director of Intergovernmental Relations.
1.	The first order of business was Item 1, the Consent Items:
	Mr.  McBryde offered motion, seconded by Mr. Dawkins, and carried unanimously, for the approval of consent items 1A through 1V as presented.
	The Consent Items appear below.
A.	Approval of the minutes of the regular meeting of May 16, 1983.
B.	Approval of the minutes of the special meeting of May 19, 1983.
C.	Approval of the minutes of the special meeting of May 23, 1983.
D.	Approval of the minutes of the special meeting of May 31, 1983.
E.	Set public hearing for July 18, 1983 to consider the rezoning from C3 heavy commercial district to M2 industrial district or to a more restrictive zoning classification of a area located at 555 Gillespie Street.
F.	Set final public hearing for June 20, 1983 on Community Development Block Grant Funds under emergency job appropriations bill of 1983 (Jobs Bill).
G.	Set public hearing for June 20, 1983 for General Revenue Sharing for FY 1983-84.
H.	Set public hearing for June 20, 1983 for the City of Fayetteville Annual Budget for FY 1983-84.
I.	Set public hearing for July 18, 1983 for program of projects under section 9-A of the Service Transportation Act.
J.	Conditionally approve Morganton Arms Apartments in an R6 residential district for preliminary and final group development addition review located on the south side of Morganton Road approximately 126.0 feet west of Pinecrest Drive.
K.	Conditionally approve the Gerald Harrell property in an R5 residential district for preliminary and final group development addition review located on the northeast corner of Woodside Avenue and Athens Avenue.
L.	Conditionally approve the “Village" at Ascot in a PND planned neighborhood district for preliminary and final zero lot line group development addition review located on the south side of Coronation Drive across from Blythewood Lane.
M.	Conditionally approve Briarcliff subdivision, section 1  (formerly North-Cumberland Subdivision section 1) in an R10 residential district for preliminary and final extension review located north of Pamalee Drive on Tryon Drive.
N.	Approval of the initial zoning to R10 residential district or to a more restrictive zoning classification, an area located about 750 feet north of Country Club Drive and 500 feet West of U.S. 401 North.
	AN ORDINANCE OF THE FAYETTEVILLE CITY COUNCIL AMENDING THE ZONING ORDINANCE AS FOLLOWS:
	INITIALLY ZONE TO R10 RESIDENTIAL DISTRICT AN AREA LOCATED ABOUT 750 FEET NORTH OF COUNTRY CLUB DRIVE AND 500 WEST OF U.S. 401 NORTH. ORDINANCE NUMBER NS1983-14.
O.	Approval of the initial zoning to C3 heavy commercial district and R6 residential district or to a more restrictive zoning classification an area located on the southeast side of Camden Road north of Owen Drive.
	AN ORDINANCE OF THE FAYETTEVILLE CITY COUNCIL AMENDING THE ZONING ORDINANCE AS FOLLOWS:
	INITIALLY ZONE TO C3 HEAVY COMMERCIAL DISTRICT AND R6 RESIDENTIAL DISTRICT AN AREA LOCATED ON THE SOUTHEAST SIDE OF CAMDEN ROAD NORTH OF OWEN DRIVE.  ORDINANCE NUMBER NS1983-15.
P.	Approval of the initial zoning to C(1)P shopping center district or to a more restrictive zoning classification an area located at 3703 Bragg Blvd.
	AN ORDINANCE OF THE FAYETTEVILLE CITY COUNCIL AMENDING THE ZONING ORDINANCE AS FOLLOWS:
	INITIALLY ZONE TO C(1)P SHOPPING CENTER DISTRICT AN AREA LOCATED AT 3703 BRAGG BLVD.  ORDINANCE NUMBER NS 1983-16.
Q.	Approval of permission to hold a Fireworks Display on Monday, July 4, 1983 at Eutaw Shopping Center in order to celebrate Independence Day.
R.	Approval of permission to hold a Fireworks Display on Monday, July 4, 1983 at Cross Creek Mall in order to celebrate Independence Day.
S.	Approval to advertise proposed exchange of road easement across the northeast end of Airport property for a navigation easement across Mr. Tom Keith's property.
T.	Approval of revision to Traffic Schedule #6, Stop Intersection, Traffic Schedule #14 Yield Right-of-Way and Traffic Schedule #8 Speed Control.
	The Ordinance Titles appear below:
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE NORTH CAROLINA SECTION 20-106 OF THE CITY CODE TRAFFIC SCHEDULE #6-STOP INTERSECTIONS-VARIOUS LOCATIONS.  ORDINANCE NUMBER NS1983-17.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE NORTH CAROLINA SECTION 20-106 OF THE CITY CODE TRAFFIC SCHEDULE #8-SPEED CONTROL-EASTERN BLVD. ORDINANCE NUMBER NS1983-18.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE NORTH CAROLINA SECTION 20-106 OF THE CITY CODE TRAFFIC SCHEDULE #14-YIELD RIGHT-OF-WAY-VARIOUS LOCATIONS.  ORDINANCE NUMBER NS1983-19.
U.	Authorize advertisement of sale of Community Development property-lot 23 block 12 David Ayers subdivision.
V.	Authorize City Manager to execute lease of Arsenal House with the Fayetteville-Cumberland County Arts Council.
	This completed the Consent Items.
2.	Public Hearings:
A.	Consideration of annexation of a tract of land located at 624 Carroll Avenue.  Planner Al Mitchell presented this item and stated the Annexation Technical Review Committee recommends approval.
	There were neither pro nor con present.
	Following brief discussion Mr. McBryde offered motion for approval of the annexation by the adoption of an ordinance, seconded by Mr. Dawkins, and carried unanimously.
	AN ORDINANCE EXTENDING THE CITY LIMITS OF FAYETTEVILLE TO INCLUDE 624 CARROLL AVENUE.  ORDINANCE NUMBER 83-6-263.
	Copies of all of the foregoing ordinances are on file in the Clerk's Office.
3.	Public Works Commission Matters:
A.	Consideration of an application for one four inch sanitary sewer connection to existing main to serve a restaurant at 2417 Hope Mills Road outside the City.
	PWC Manager Ray Muench presented this item and stated that PWC recommended approval and that the applicant will pay the total cost of the extension and sign an annexation agreement.
	Mrs. Evans offered motion for approval of the foregoing as recommended, seconded by Mr. Jones and carried unanimously.
B.	Consideration of amendment to PWC budget for FY 1982-83.  The recommended action was PWC recommends approval.
	PWC Manager Muench also presented this item and explained the budget changes affecting electric, water and sewer and capital project items.  Mr. Muench also displayed slide projections for Council's benefit.
	Following some discussion, Mrs. Evans offered motion for approval of the budget amendments as requested, seconded by Mr. McBryde and carried unanimously.
	PWC Manger Muench introduced to the City Council, Mr. Lee Adams the PWC Rates and Regulations Specialist and Mr. Ray Britt the PWC Comptroller.
	The PWC delegation was then excused from the meeting by the Mayor.
4.	Consideration of award of contract to Tarheel Vending Inc. for operation of amusement machines at the Airport.
	Recommended action was the Airport Commission recommends approval.
	Council recognized Mr. Earl Dennis, Airport Manager who stated that the purpose of this was to provide, place, and maintain amusement and pinball machines in the Airport Terminal building to include three one dollar bill machines.   Vending was only and propose pay the Airport Commission 60% of all revenue removed from the machines or an annual guarantee of $14,700 whichever is greater.
	Mr. McBryde offered motion to award the bid to Tarheel Vending as recommended, seconded by Mr. Dawkins and carried unanimously.
5.	Consideration of request for improvements to Stanberry Court and Clark Street.  The recommended action was to authorize administration to proceed with acquisition of right-of-way.
	The City Engineer presented this Item and stated that Mrs. Sally Council, a residence of Stanberry Court had stated she wants to appear before the Council, at this time to request improvements (Utility and Street Maintenance for Stanberry Court.)
	Council recognized Mrs. Council of 1706 Stanberry Court, who requested roadway and water service.  Mrs. Council stated she now must carry water from neighbor's house for her own daily use.
	The City Engineer stated that Stanberry Court is a narrow unimproved trail, running off Stanberry Street in the Hollywood Springs subdivision area.  Houses were built on the trail long before the City annexed the area and the street has never been maintained by the City.  Some of the property owners have granted right-of-way but others have not.  The City Engineer requested authorization for his staff to continue to acquire right-of-way and upon completion of the acquisition a resolution will be presented for acceptance of the street for maintenance by the City.
	Following brief discussion, Mrs. Evans offered motion to authorize the City Engineer to acquire the right-of-way as recommended, seconded by Mr. Dawkins and carried unanimously.
6.	Consideration of award of City contract #282 clearing and grubbing in southeast Fayetteville to Bernard Vann Grading and Utility Company.  The recommended action was to award the contract.
	The City Engineer presented this Item and stated that this project was for clearing and grubbing properties purchased through Community Development activities in southeast Fayetteville.  The project will include rough grading to improve drainage and enhance future maintenance by City forces.  Community Development funds are to be used.  The low bid was submitted by Bernard Vann Grading and Utility Company in the amount of $16,789 and is the one recommended.
	Rev. Johnson offered motion to award the contract to Bernard Vann as recommended, seconded by Mr. Jones and carried unanimously.
7.	Consideration of award of City contract #283 demolition of former Court House Annex buildings to J and J Speedy Demolition Service.  The recommended action was to award the contract.
	The City Engineer presented this item and stated that this was for the demolition and removal of two brick masonry buildings, the former Court House Annex building.  The low bid was submitted by J and J Speedy Demolition Service in the amount $18,999 and is the bid recommended.
	The City Attorney recommended that there be included in the contract, that Worker's Compensation Insurance be provided by the contractor.
	Mrs. Evans offered motion to award the contract to J and J Speedy Demolition Service as recommended, provided they have Worker's Compensation Insurance where required by law, seconded by Mr. Jones, and carried unanimously.
8.	Consideration of an ordinance imposing a lien against property located at 606 Weiss Avenue.  The recommended action was adoption.  The City Attorney presented this Item and stated that this was for demolition of a structure.
	Mr. Dawkins offered motion, seconded by Mrs. Evans and carried for adoption of the lien ordinance at 8:00 P.M.
	AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN AGAINST PROPERTY LOCATED AT 606 WEISS AVENUE OWNED BY HESTER HAYES ESTATE IN THE AMOUNT OF $450.00.  ORDINANCE NUMBER NS 1983-20.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1983.
9.	Consideration of an ordinance imposing a lien against property located at Greensboro Street.  The recommended action was adoption.  The City Attorney stated this was the same type ordinance.
	Mr. Dawkins offered motion, seconded by Mr. McBryde, and carried unanimously for adoption of the ordinance of 8:05 P.M.
	AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN UPON PROPERTY AT 421 GREENSBORO STREET OWNED BY CHRISTINE HOLMES IN THE AMOUNT $350.00. ORDINANCE NUMBER NS1983-21.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1983.
10.	Consideration of amendment to Section 28-130 of the Fayetteville City Code regarding appointments to the Taxicab Review Board.  The recommended action was adoption.
	Assistant City Manager, Roger Stancil presented this item and stated that Section 2-36 (A) of the City Code requires that any appointment of the City Council to any board shall be a resident of the City of Fayetteville, unless the enabling legislation creating such boards specifies otherwise.  The Taxicab Review Board would like to request that the ordinance establishing that board be amended to allow non-residents to serve on the Board.  The Board assists in the regulation of an industry that provides a service within the City of Fayetteville, while those who provide that service may not live within the City limits, they do operate within the City limits.  The Board expresses its hope that the Council would consider these reasons and amend the enabling legislation to allow non-residents to serve on the Taxicab Review Board.
	Following some discussion, Mrs. Evans offered motion for approval of the foregoing request by the adoption of the ordinance, seconded by Mr. Jones and carried, Rev. Johnson voting no.
	AN ORDINANCE AMENDING CHAPTER 28 TAXICABS OF THE FAYETTEVILLE CITY CODE OF ORDINANCES, TAXICAB REVIEW BOARD MEMBERS NEED NOT BE CITY RESIDENTS.  ORDINANCE NUMBER S-1983-8.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1983.
11.	Consideration of proposed regulations for disposal of personal property, valued at less than $500.00.  The recommended action was adoption policy change.
	Assistant City Manager Stancil presented this item and stated that the General Assembly recently amended GS160A-266 to allow the disposal of personal property valued less than $500.00 by an official designated by the City Council.  Previously, in the disposition of property owned by the City required approval by Council regardless of value.  The new procedure should allow us to dispose of surplus property on a more timely basis, securing the greatest value for such property.  The amended statue requires Council to adopt regulations prescribing procedures for the disposal of such property.  He attached a copy of proposed procedures for this disposition, placing the responsibility with the Director of Administrative Services.  The Director is required to report to the Council twice each year all disposition of property.  He stated he had discussed these procedures with Mr. Bill McGugan and recommend their adoption.  
	Following brief discussion, Rev. Johnson offered motion for approval as recommended and adoption, seconded by Mr. Jones.
	Following some discussion, Mr. McBryde offered an amendment to the motion providing the City Manager approve such private sales.  Motion seconded by Rev. Johnson, and upon being put to vote the amendment carried unanimously.  Mayor Hurley then called for a vote on the original motion as amended and it carried unanimously.
12.	Consideration of appropriation of $3,000 from Council contingency for purchase of Public Address System for the Parks and Recreation Department.  The recommended action was approval.
	The City Manager presented this item and stated that he supported the recommendation from the Assistant City Manager and Director of the Parks and Recreation Department that the City consider the purchase of a quality more powerful Public Address System.  The existing unit available through the Recreation Department is inadequate for most outdoor programs.  There is definitely an existing demand for a new system that can support the many different activities and special events that are sponsored by the City annually.  Also, due to the new downtown activities we expect in the near future, we anticipate a significant increase in special events and programs that will require an adequate PA system.  The cost will be approximately $3,000 plus or minus.
	Mr. McBryde offered motion for approval of the foregoing request for the PA system as recommended, seconded by Mr. Dawkins, and carried unanimously.
	At this point, Mayor Hurley recognized City Attorney Cogswell who suggested an additional provision on Item 7, that if the contractor was not required to obtain insurance by law, that he must make sure his employees were protected and that the same apply to any subcontractor.  This was agreeable to the Council and was included in the motion.
13.	Appointments:
A.	Nominations to fill two vacancies on the Human Services Commission.
	Mrs. Evans nominated Colonel Ben Hill, US Air Force Retired.
	Mrs. Evans also nominated Mrs. Martha Duell.
B.	Nomination to fill three vacancies on the Airport Commission.
	Mr. Dawkins nominated Mr. B. F. Ward.  Mr. McBryde nominated Mr. J. Bernard Stein and Mr. Robert Hasty.
	Mayor Hurley nominated Mr. Jim Cooper.
C.	Nominations to fill three vacancies on the Education Development Advisory Commission.
	Mrs. Evans nominated Mrs. William (Maurine) Clark.  Mr. Jones nominated Mrs. Mildred Westbrook.
	Rev. Johnson nominated Cleophus C. Hatcher and Mrs. Mamie Baggett.
D.	Nominations to fill two vacancies on the Joint Planning Board.
	Mr. McBryde nominated Mr. George Armstrong to complete the unexpired term of Sonja Rothstein.
	Mr. Dawkins nominated Mr. Ernest Cain.
E.	Nominations to fill one vacancy on the Public Works Commission.
	Mr. Dawkins nominated Mr. Robert H. Butler.
F.	Nominations to fill one vacancy on the Public Works Commission Retirement Board.
	Mr. McBryde nominated Mr. Louis Fulcher.
G.	Nominations to fill five vacancies on the Revitalization Commission.
	Mrs. Evans nominated Mrs. Stewart Kerr, Mr. J. Bernard Stein and Mr. M. J. Weeks.
	Mr. McBryde nominated Mr. Eric Mendelsohn.
	Rev. Johnson nominated Mrs. Sue Bandy.
	Mayor Hurley then declared a five minute recess.
14.	City Manager's Reports:
A.	Report on cost of operating leaf crew.
	The City Manager stated that they have analyzed the situation and have a recommendation to make this evening.  He gave some background information and suggested that the utilization of regular crews be considered.  He stated that consideration has been given to the number pickups, which amounted to between 29 and 30 thousand containers per week.  He stated that they had considered the man hours available.  A study had revealed that there is a 30 minute checking and checkout time.  Also, some trucks must make trips to the Transfer Station and the time involved to accomplish this depended on the size of the truck.  He stated there are about 7½ productive hours per day for the eleven crews.  This equated to approximately 638 man hours.  Study revealed that it takes 1.18 seconds per container on the average to handle.  Study revealed that non-containerized trash could cause problems with the roll-out containers.  A change in the work week had also been considered.  At the present, Wednesdays are utilized for vehicular maintenance.  He suggested extending the seasonal pickup by two months through April and during off season.  Wednesday of every other month could be utilized for rubbish pickup.  He suggested complete advertisement in the local newspapers.  He also recommended an operating standard.  He suggested encouraging residents to follow closely the Wednesday pickup days.  He recommended that Council authorize him to utilize contingency funds up to an amount needed to pay for additional two months leaf season and Wednesday pickups.
	There was then considerable discussion of this matter.
	Following this discussion, Mr. McBryde offered motion to extend the loose leaf pickups for six months and put two additional trucks out for the other six months and that the Sanitation Department work out zones to cover the City every two weeks during the off season.  Motion seconded by Rev. Johnson and carried, Mrs. Evans voting no.
B.	Consideration of rescheduling the July 4 regular meeting to July 5.
	Rev. Johnson offered motion for approval of the foregoing as recommended, seconded by Mr. Jones, and carried unanimously.
	On an additional item, Council recognized City Attorney Cogswell who stated that the City now owns a tract of land on Chatham Street and Moore Street, consisting of approximately 7,500 square feet of which 45% is an easement that the City maintains.  He stated the next door resident wishes to purchase this property.  It is on the tax books at a value of $3,000.  He stated the resident wishes to buy the property for $300.  He stated the resident asked him to present this offer to the Council this evening.  He stated that he does not recommend selling this property at this price.
	Following brief discussion, Mrs. Evans suggested placing a for sale sign on the property.  Mr. Jones requested an inventory of all City owned property and Mr. McBryde stated that the Council needed to sell any and all properties that are not needed.
15.	Delegations:
A.	Concerned Tax Payers of Cumberland County.
	Council recognized Mr. Walter Moorman, Director and past president of the organization.  They also recognized Mr. John English, the immediate past president and Mr. Jim Wilson, a Director.  Mr. Moorman stated that on the upcoming City budget their organization was glad to see that no tax increases were proposed.  He stated they approve of the incentive merit pay plan for City employees.  Their organization considers the downtown improvements are good.  He commented on the proposed tax increase next year.  He commented on the diversion of funds for downtown projects.  He stated the organization does not want a tax increase ever.  Their organization also considers essential service in law enforcement as a necessity.  He stated their organization suggested that Council establish a goal for no tax increase next year.  He stated their organization extends thanks for the efforts by the City Manager and by the governing body in behalf of the citizens of the community.
	Mr. Dawkins extended thanks to Mr. Moorman and his group for their remarks by these concerned citizens.
	Rev. Johnson commented that the Tax Payers Association is a good organization and serves as watchdogs for the community.
	Mayor Hurley informed Mr. Moorman that the City Council is continually seeking a balance between service and tax for the community and extended thanks for the comments this evening.
16.	Matters of Interest to the Council:
	Mr. Dawkins expressed a comment to Mr. Clark Dill, the Sanitation Superintendent that he was pleased with the garbage pickup, but that there was a need to improve trash collection.
	Mr. Dawkins then stated that he was extremely pleased to have their special guest with us this evening, Rev. and Mrs. Hurley.
	Mr. McBryde addressed a remark to the City Engineer if the parking lot at the corner of Maiden Lane and Anderson Street would be used as a parking lot.  The City Engineer replied that it was not proposed at the present time.
	Mayor Hurley informed the Council that he had been approached about asking the City Attorney to help draft a constitution and bylaws for the Dogwood Festival Committee.  This was discussed briefly by the Council members and it was the general consensus that the Committee utilize the services of a private attorney for this purpose.
	Mayor Hurley offered the suggestion that the NCDOT be requested to dedicate the bridge over 301 to Mr. Wilbur Clark, if so a resolution would be needed.
	This was discussed for some minutes by the Council members and it was decided to give it to the Policy Committee for study and recommendation.
	Mayor Hurley suggested to the Council members that they contact the legislators in Raleigh concerning the annexation issue.  Mr. Jones suggested that a letter be written and that all Council members sign the letter.
	Mayor Hurley then extended thanks to the Police Officer present for the meeting this evening.
	Mayor Hurley informed Council that the budget session scheduled for June 9 had been canceled and the next meeting of the Council would be on June 20, which is the date of the next regular session.
	Mayor Hurley then stated that he would entertain a motion to convene into executive session, and Mr. McBryde offered such motion, seconded by Mr. Jones to enter into such executive session to consider personnel matters and litigation at 9:10 p.m.
	City Council then reconvened into regular session at 10:00 p.m.
	Mayor Burley recognized City Attorney Cogswell who offered recommendation that subject to receipt of statement of wages, that we settle the law suit of Pauline DeVane vs. J.P. McGinnis for $3,600.
	Mr. McBryde then offered motion, seconded by Rev. Johnson and carried unanimously to settle the foregoing law suit for $3,600 as recommended.
	Mrs. Evans then offered motion, seconded by Mr. Dawkins and carried unanimously, for adjournment of this regular session at 10:03 p.m.
REGULAR MEETING
MONDAY, JUNE 20, 1983
REGULAR MEETING
MONDAY, JUNE 20, 1983
7:00 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Milo McBryde, J.L. Dawkins, Aaron Johnson, Mildred Evans and Jimmie Jones
ALSO PRESENT:	John P. Smith, City Manager
			Roger L. Stancil, Assistant City Manager
			Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and the Rev. Karen Whitaker, Associate Pastor, Campground United Methodist Church offered the invocation.  Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley then recognized and welcomed former Mayor Beth Finch to the seating the evening.
	Mayor Hurley recognized Fayetteville Youth Council Representatives present in the audience.
	Mayor Hurley stated the City Attorney has requested an executive session after this meeting for litigation and property matters.
1.	Consent:
	Mr. Wofford requested removal of consent Item 1E regarding Shoney's Restaurant from consent for discussion.
	The City Attorney made several corrections in several paragraphs in Item 1H an exchange easement at the Airport.
	Following this Mrs. Evans offered motion to approval all consent items except 1E and amend Item 1B as corrected by the City Attorney seconded by Mr. Mofford and carried unanimously.
	The consent items appear below.
A.	Approval of minutes of special meeting of June 2, 1983.
B.	Approval of minutes of regular meeting of June 6, 1983.
C.	Set public hearing for July 18, 1983 to consider a resolution to file and publish preliminary assessment roll for the paving of Powell Street from Trade Street to Cude Street.
	RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR PAVING AND OTHER IMPROVEMENTS ON POWELL STREET.  RESOLUTION NO. R1983-37.
	A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1983.
D.	Conditionally approve the Graham Moody, Jr. property in a R6 Residential District for preliminary and final subdivision review located approximately 840 feet west of Murchison Road on the north side of Gardner Avenue.
F.	Conditionally approve Westwood Cinema addition in a C(1)P Shopping Center District for preliminary and final review located off the south side of Morganton Road.
G.	Conditionally approve Homeplace I and II Zero Lot Line Group Development in a R10 Residential District for preliminary and final review located on the west side of US 401 North and on the north sides of London Road and Coronation Drive.
H.	Approval of exchange of easement across the northeast end of Airport property for a navigation easement across Mr. Tom Keith's property.
I.	Approval of purchase of uniforms for Police, Fire, Transit, I.D., and Park Rangers for FY 1983-84.
	The Bid was awarded to Castle Uniforms for their low bid of $58,717.40.
J.	Authorize advertisement of sale of property at the corner of Moore and Chatham Streets.
K.	Election of nominees previously made to fill two vacancies on the Human Services Commission.  Colonel Ben Hill was appointed to serve the balance of term of Rev. Aaron Johnson to March 1984 and Mrs. Martha Duell was appointed to serve the balance of the term of Sharon Hindis to run to March 1984.
L.	Election of nominees previously made to fill two vacancies on the Joint planning Board.  George Armstrong was appointed to complete the unexpired term of Mrs. Sonja Rothstein to run to June 1984 and Mr. Ernest E. Cain was reappointed for a new term of four years to run to June 1987.
M.	Election of nominees previously made to fill one vacancy on the Public Works Commission.  Mr. Robert H. Butler was reappointed for four years to run to June 1987.
N.	Election of nominees previously made to fill one vacancy on the Public Works Commission Retirement Board.  Mr. Louis Fulcher was reappointed for five years to run to June 1988.
O.	Election of nominees previously made to fill five vacancies on the Revitalization Commission and Mrs. Stuart V. Kerr, Mr. J. Bernard Stein and Mr. M.J. Weeks were reappointed for three year terms to run to June 1986 and Mr. Eric Mendelsohn was appointed for Mr. Tom Stewart for a three year term to run to June 1986 and Mrs. Sue Bandy was appointed for Mr. Hap Fowler to serve the balance of his term of office to June 1985.
1E.	Council next considered consent Item 1E as requested by Mr. Wofford.
	Item 1E was the consideration of Shoney's Restaurant addition in a C(1)P Shopping Center District for preliminary and final review located on the south side of Morganton Road.
	Mr. Wofford stated that he had noticed this addition to this restaurant is already under construction and asked why was this being done before approved by the Council.  Planner Mitchell responded by stating that a permit had been issued by the Inspection Department, Mr. Albritton and that he did not know the reason.
	Following brief discussion, Mr. Wofford offered motion to give conditional approval to the foregoing item as recommended, seconded by Mr. McBryde and carried unanimously.
2.	Public Hearings:
A.	Consideration of the rezoning from R10 Residential District to C1A Area Commercial District or to a more restrictive zoning classification of an area located on the southwest corner of US 401 Bypass at its intersection with Cain Road.
	Planner Mitchell stated the Planning Board recommends denial of this rezoning.
	Attorney Duane Gillam was recognized for the property owner and the petitioner and requested the rezoning.
	Mr. Hank Rouse, President of Forest Hills Association representing 42 residents in the area was recognized in opposition to the rezoning, stating that they did not want anymore business enterprises in their residential neighborhood.
	Following some discussion of this matter, Mr. Dawkins offered motion, seconded by Rev. Johnson and carried unanimously to follow the recommendation of the Planning Board and deny this rezoning.
B.	Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification of an area located at 3017 Ramsey Street.
	Planner Mitchell stated, the Planning Board recommends denial of P2 and approval of R6 Residential District for this area.
	Mr. Lee Smith, the petitioner was recognized on his request for P2 zoning in order to use a part of his residence for a Marriage Counseling Service.
	There was no opposition present.
	During discussion that followed, Mr. Wofford raised the question on the proposed use for this area and the proposed zoning.
	Following some further discussion, Mrs. Evans offered motion to follow the recommendation of the Planning Board and approve R6, seconded by Rev. Johnson.
	Following some further discussion, Mr. McBryde offered substitute motion, seconded by Mr. Wofford to leave the area R10.  Mayor Hurley called for a vote on the substitute motion and it was as follows:  For the motion, Councilmembers Dawkins, McBryde, Jones and Wofford.  Against the motion, Councilmembers Evans, Johnson and Hurley.  Mayor Hurley declared the substitute motion carried.
C.	Consideration of Community Development Block Grant Funds under Emergency Jobs Appropriations Bill of 1983 (Jobs Bill).
	Recommended action was Redevelopment Commission recommends approval.
	Council recognized Mr. Richard Herrera Executive Director of Community Development, who presented this item.  He stated the purpose of these funds would be for the elimination of slum and blight and for the benefit of low income population and to utilize any fund available.  He gave the following statistical information.
	1.	Opportunities Industrialization Center, Inc. (OIC) $111,412.
	2.	Cumberland County Coordinating Counsel on Older Adults, Inc. (CCCCOA), $95,000.
	3.	Urban Development Action Grant (UDAG), $100,000.
	4.	Senior Citizens Multi Purpose Center, $15,000.
	5.	Sidewalks, $23,588.
	6.	Administration, $80,000.
		A total of $425,000.
	Following this presentation, Mr. Herrera requested approval.
	Council recognized Mr. Louis Reeves, Vice-President of Bass Air Conditioning company in favor of these grants.  He stated they had designed a training program for Air Conditioning Mechanics and the OIC provides this.  He stated they have employed people for this training program.  He requested Council to appropriate the funds.
	Mr. Marshall Lanter of the Older Adults Counsel was also recognized in favor for the Older Adults Grant.
	Mr. Robert Flora one of the trainees of Mr. Reeves program was recognized in favor and requested approval.  There was no opposition present.
	Mrs. Evans offered motion to follow the recommendation of the Redevelopment Commission and approve the grants, seconded by Mr. Jones.
	Following some discussion, Rev. Johnson offered substitute motion that Items 4 and 5 be placed in Items 1 and 2.  His motion lost for lack of a seconded.
	Following some further discussion, Mr. Wofford offered substitute motion on strike Item No. 4 and apply that $15,000 to OIC, seconded by Mr. McBryde.
	Following some further discussion, Mayor Hurley called for vote on Mr. Wofford's substitute motion and it was as follows:  For the motion, Councilmembers Johnson, McBryde, and Wofford.  Against the motion, Councilmembers Dawkins, Hurley, Jones and Evans.  Mayor Hurley declared the substitute lost and called or vote on the main motion and it carried Mr. Wofford voting against.
D.	Consideration of the City of Fayetteville Annual Budget for FY 1983-84 and General Revenue Sharing Budget for FY 1983-84 and Special Tax District Budget for FY 1983-84.
	City Manager Smith was recognized and stated that these Items were presented this evening to hear requests, if any from the general public.
	Anna Grimm representing RSVP was recognized with a request for an additional $600.00 for their budget.
	Mr. Ed Anderson and Mr. Elijah Lyons were also recognized for the RSVP request.
	Mr. John Kennedy, Vice-President Chamber of Commerce and Chairman of the Tourism Commission was recognized for $25,000.
	Mrs. Beth Finch, President of the Joe Barr USO was recognized on request for $5,000.
	Mr. Dave Wilson of the Cumberland County Clean Community Committee was recognized for $7,500 along with Miss Sharon Valentine.
	Susan Shearer was recognized for the Arts Council request.
	Clinton Harris was recognized on funding for sidewalks in the amount of $50,000.
	Mr. Reggie Barton, Jr. of the Fayetteville Little Theatre was recognized for $10,000.
	Joanna O'Donnell was recognized for the Public Library for $12,000.
	No other persons requested recognition, so at that time Mayor Hurley declared an end to the Public Hearing on the budget and also declared a five minute recess in the meeting.
	Mayor Hurley then reconvened the meeting into regular session. 
3.	Public Work Commission Matters:
A.	Consideration of an application for one 1-inch water connection to existing main to serve an existing residence at 2722 Southern Avenue outside the City.  The owner has petitioned for annexation.  PWC Manager Muench presented this matter and stated PWC recommends approval.
	Mr. Wofford offered motion for approval of the foregoing as recommended, seconded by Rev. Johnson and carried unanimously.
B.	Consideration of an application for one 1-inch water connection to existing main to serve a proposed residence to be constructed on Tom Starling Road (across from Western Publishing Co.) outside the City.
	PWC Manager Muench stated PWC recommends approval.
	Mr. Wofford offered motion for approval of the foregoing as recommended, seconded by Mr. McBryde and carried unanimously.
C.	Consideration of Bids received June 7, 1983 for construction of a 6-inch water main along highway NC 87 from Belt Boulevard to Rockfish Waste Water Treatment Plant Site.
	Mr. Muench stated PWC recommends the low bid by James A. Dobbins Construction Company in the amount of $129,854.85.
	Mrs. Evans offered motion for award of the bid as recommended, seconded by Mr. Jones and carried unanimously.
	This completed the PWC items and Mr. Muench was excused from the meeting.
4.	Consideration of proposed revisions of the Appearance Commission Bylaws.
	Council recognized Mr. Michael Currin, Chairman of the Commission, who began his comments by stating that the budget requests presented this evening were very interesting and appeared to be good requests.  Mr. Currin then remarked that, over a period of time it appeared to be necessary to change the Bylaws of the Commission due to a change in their responsibilities.  Mr. Currin recommended the following changes:
	1.	Attendance Policy:  The current Bylaws do not include an attendance policy and one is needed which will stipulate mandatory attendance.  Three consecutive absences or four absences per year would be grounds for dismissal from the Commission.
	2.	Membership:
		A.	Instead of one appointee from the Joint Planning Board he proposed an ex-officio appointee from the City-County Planning Department.
		B.	He proposed another ex-officio appointment be made from either the Office of the City Manager or the City Council.  This appointment is to be made by the Mayor.
		C.	He proposed either the Director Clean Community Systems or his representative appointed as a voting member to the Appearance Commission, which would bring the total number of voting members back to seven.
	Following brief discussion, Mrs. Evans offered motion for approval of the foregoing revisions as requested by Mr. Currin, seconded by Mr. Dawkins and carried unanimously.
	The City Attorney was requested to draw the revisions and bring them back before Council.
5.	Consideration of revisions to Traffic Schedule Number 7,  “One-Way Streets", Traffic Schedule Number 10, “Loading and Unloading Zones", and Traffic Schedule Number 11, “Parking Prohibited".
	Council recognized the City Engineer who presented this Item and stated that with the Transit Mall about ready for advertisement for bids, he felt it was time to implement the plan one-way streets.  Please recall the plan is for Donaldson/Anderson Streets to be one-way north, between Franklin and Old Streets and for Burgess/Maxwell Streets to be one-way south between Old and Franklin Streets.  In order to provide as much parking on these streets as possible, close to the Mall, it is proposed to change the parallel parking on these streets to angle parking with a gain of 24 spaces.  Presently there are 36 parallel spaces and the new arrangement would have approximately 60.  This arrangement will leave one lane open for traffic.  Four loading/unloading zones are planned to serve the Transit Mall merchants, as well as the merchants these one-way streets.  To provide adequate time for public information and marking the streets, he suggested that these ordinances effecting these changes be effective July 18.
	Following brief discussion, Mrs. Evans offered motion to follow the foregoing recommendation of the City Engineer and adopt the ordinances, seconded by Mr. Wofford and carried Mr. McBryde abstaining.
	The Ordinance Titles appear below.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE NO. 7-ONE-WAY STREETS.  ANDERSON, BURGESS, DONALDSON, AND MAXWELL STREETS.  ORDINANCE NO. NS1983-22.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE NO. 10, LOADING AND UNLOADING ZONES. ANDERSON, BURGESS, DONALDSON, AND MAXWELL STREETS.  ORDINANCE NO. NS1983-23.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE NO. 11, PARKING PROHIBITED. ANDERSON, DONALDSON STREETS.  ORDINANCE NO. NS1983-24.
	Copies of the foregoing ordinances are on file in the City Clerk's Office in Ordinance Book NS1983.
6.	Consideration of Budget Ordinance Amendment CHANGE 8 and Financial Plan for Intergovernmental Service Fund amendment CHANGE 2, and Capital Project Ordinance CAP 19 (petitioned paving projects).
	The recommended action was adoption.
	The City Manager presented these items and apologized for not having an explanatory backup for the Council, but stated that these are primarily cleanup items for the end of the fiscal year.
	There was a brief discussion of the Middle Road Improvement Project.
	Following discussion on these two matters, Mrs. Evans offered motion to follow the recommendation of the City Manager and approve the foregoing Budget Ordinance Amendment and Capital Project Ordinance, seconded by Mr. Dawkins, and carried unanimously.
7.	Consideration of a resolution regarding the redevelopment of the Haymount School Site.
	The recommended action was adoption of a resolution.
	The City Manager presented this matter and stated that the resolution would set the wheels in motion for the purchase and resale of the Haymount School Site for redevelopment.  The steps in the process are as follows:
	1.	Negotiate a contract with Fayetteville Progress Inc. and North Carolina National Bank Community Development Corporation, for the redevelopment of the property in accordance with the redevelopment plan.
	2.	Exercise option with the Board of Education for the City to purchase the property upon receipt of an irrevocable bank letter of credit from FPI and NCNBCDC.
	3.	Hold a public hearing on the designation of FPI and NCNBCDC as redevelopers.
	4.	Assuming negotiation of a satisfactory agreement, transfer property to the designated redeveloper on October 1, 1983.
	Mrs.  Evans then offered motion for approval of foregoing and adoption of the resolution, seconded by Mr. Jones and carried unanimously.
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, REGARDING THE HAYMOUNT SCHOOL SITE.  RESOLUTION NO. R1983-38.
	A Copy of the foregoing resolution on file in the Clerk's Office in Resolution Book R1983.
8.	Consideration of a variance for a ground sign for the Municipal Market.
	The recommended action was Revitalization Commission recommends approval.
	Assistant City Manager John Monaghan presented this matter and stated that early this year, we presented a list of improvements to be made at the former Eastern Turf property, in order to accommodate relocation of the Farmer's Market to the site.  Most of the initial phase of improvements have been completed and the market has started operating at the site.  One improvement of which as yet to be completed, is the erection of a permanent sign at the site.  The sign designed by the architect, is by definition in City code a ground sign, which must be set back one foot for each foot of height.  The proposed location of the sign would require a sixteen foot variance from the setback requirement from Russell Street.  The setback from Maxwell Street is approximately 33 feet,  which is more than adequate.  Section 3-80 of the City Code, authorizes Council to grant a variance as to setback, if desired.  The Revitalization Commission reviewed the situation with regard to this sign at their June 14th meeting and voted to recommended that Council grant the necessary variance, so that the sign can be erected.
	Discussion then followed concerning the sign and as to whether or not the City should grant itself a variance.
	Following  this discussion, Mr. Wofford offered motion to return the plan to the architect for redesign to conform with the ordinance and to the needs of the Farmer's Market, seconded by Mr. McBryde and carried unanimously.
9.	Consideration of the naming of the new Maiden Lane Bridge after Mr. Paul Dickson as a memorial to his early revitalization efforts.
	The recommended action was Revitalization Commission recommends approval.
	In a memo to the Council, Mr. John Monaghan stated the Revitalization Commission voted at its June 14th meeting, to recommend that the new bridge on Maiden Lane Extension be named in honor of Paul Dickson, III and that an appropriate plaque to that effect be placed on the bridge.  Mr. Dickson was active in the civic and political life of the community until his death in an automobile accident in April of 1972.  The Commission recommends that the bridge be named for Mr. Dickson in honor of his contribution to early downtown revitalization efforts through work in the downtown revitalization committee of the Chamber of Commerce.
	Following some discussion, Mrs. Evans stated that this matter should have the full input of the City Council and she offered motion to refer this matter to the full Council for consideration, motion seconded by Mr. Jones.
	Following some further discussion, Mr. McBryde offered substitute motion to refer this matter to the Policy Committee and that all Councilmembers be invited to attend, seconded by Rev. Johnson and carried unanimously.
10.	Consideration of a memorandum of understanding with Fayetteville Progress, Inc. regarding the redevelopment of the Prince Charles Hotel Building.
	The recommended action was approval.
	The City Manager presented this matter and stated the memorandum of understanding sets forth in writing the agreement negotiated between Fayetteville Progress, Inc., Tooms Development Corporation, and City Administration with regard to the development of the Prince Charles Hotel.  The City's participation involves $100,000 “Upfront" money through the jobs bill application for an Urban Development Action Grant application for a section 108 loan for the UDAG match, designation of the redeveloper and lease of the property to the redeveloper.  The City's return will be in the form of:
	1.	Property taxes from the project
	2.	Lease payments, including a flat amount plus a percentage of net cash flow; and
	3.	Repayment to the City of the funds loaned under the UDAG grant, which may be used in future.
	If successful, this project would not only have a significant economic impact on downtown, but also put close to $10,000.000 on the tax books and rate 100 to 120 permanent jobs.  In addition, it will provide income to the city through the lease.
	Following some discussion, Mrs. Evans offered motion that the City enter into the memorandum of understanding as recommended, seconded by Mr. Wofford and carried unanimously.
11.	Consideration of design contract with Paul C.K. Lu and Associates for design of pedestrian linkages to Olde Fayetteville Commons.
	Recommended action was Capital Projects Manager Team recommends approval.
	The City Manager presented this item and recommended approval of the contract.  He stated in the Spring of 1980, the Council adopted a critical mass package of top priority projects for downtown.  This package included parking, circulation improvements, a portion of the Cross Creek Linier Park just west of Green Street and pedestrian linkages from the off street parking areas to the Ball.  All of these projects have been completed or are in progress to some degree, except the pedestrian linkages.  In the judgment of the Capital Projects Management Team, the pedestrian linkages should be designed by the same designer's the Mall, in order to create a sense of continuity between the Mall and the parking areas, which is the objective of the pedestrian linkages.  The Capital projects Manager Team feels that the proposed fee of Mr. Lu is in line with these for similar work and recommends that the City Manager be authorized to execute the contract.
	Following some discussion, Mr. Wofford offered motion to approve the design on tract, seconded by Mr. Jones.
	Following some further discussion, Mr. McBryde offered substitute motion to put this matter off for two weeks for a recommendation from the City Engineer, motioned seconded by Rev. Johnson.
	Mayor Hurley then called for a vote on the substitute motion and it was as follows; For the motion, Councilmembers Johnson and McBryde.  Against the motion, Councilmembers Hurley, Dawkins, Evans, Jones and Wofford.  Mayor Hurley declared the substitute motion lost and called for a vote on the original motion of approval and the vote was as follows; For the motion, Councilmembers Hurley, Dawkins, Evans, Jones and Wofford.  Against the motion, Councilmembers Johnson and McBryde.  Mayor Hurley declared the original motion carried.
12.	Consideration of notification to E & J Investment Corporation, T/A Rick's Lounge, 471 Hay Street, that its City privilege license will not be renewed pursuant to the provisions of N.C.G.S. § 105-113.82.
	The City Attorney presented this Item and stated that on May 11, 1983, the North Carolina Board of Alcoholic Control rendered its decision in the case of E & J Investment Corporation, T/A Rick's Lounge, located at 471 Hay Street, Fayetteville, concerning numerous violations that occurred on the premises between the dates of July 26, 1982 and October 3, 1982.  In that case the permittee made an offer in compromise admitting to six violations.  I am of the opinion that this is sufficient grounds for non-renewal of privilege license pursuant to the provisions of N.C.G.S. § 105-113.82.  It is therefore requested that you consider issuing a notice to the permittee E & J Investment Corporation that their privilege license will not be renewed consistent with said statute.
	Following some discussion, Mr. Wofford offered motion that we give notice to E & J of consideration of non-renewal of their privilege license and set a public hearing to discuss the matter, seconded by Mr. McBryde and carried unanimously
13.	Appointments:
A.	Election of nominees previously made to fill three vacancies on the Education Development Advisory Commission.
	Mrs. William (Maurine) Clark, Mrs. Mildred Westbrook, and Mrs. Mamie Baggett were appointed for three year terms each, said terms running to June 1986.
B.	Election of nominees previously made to fill three vacancies on the Airport Commission.
	Mr. B.F. (Buzz) Ward, Mr. J. Bernard Stein, and Mr. Robert Hasty were appointed for two year terms of office each to run to June 1985.
AA.	Delegations:
	Mr. Herman Bishop was recognized and requested deferment to be heard later in the meeting.
14.	City Manager's Reports:
	Council recognized the City Manager, who stated that sometime ago, Councilman Wofford ask him to look into the feasibility of the City having a Public Safety Director to oversee operations of the Police and Fire Departments.  In checking about this request, he stated I have considered two possible approaches.  The first approach would be to hire a person to the City Manager's Office with responsibility for overseeing the Police Department, Fire Department, ID Bureau, and the Inspections Department with each department maintaining its current identity.  The second possible approach would be a truly functional consolidation.  That is a Public Safety Department in which many of the Support Services were actually consolidated.  I would therefore recommend that a complete organizational study be made beginning in the Police Department thru either the North Carolina League of Municipalities or the Institute of Government.  I further recommend that the study examine areas of potential functional consolidations but not be strictly limited to that.  If it is agreeable with the Council, I will approach both the North Carolina League of Municipalities and the Institute of Government to discuss the possibility of conducting such an organization and management study and come back to Council with a firm recommendation.
	Mr. Wofford suggested that the Council follow the foregoing recommendation of the City Manager.  Council was in agreement.  The City Manager then stated that he had a very important announcement to make, and that was that he had appointed Assistant Fire Chief Wilbur Johnson to be Chief of the Fayetteville Fire Department.  The City Manager stated that Chief Johnson had joined the Fire Department in 1952, had progressed through the ranks and made Training Officer in 1967 and Assistant Chief in 1973.  The City Manager stated Chief Johnson had served well and honorably as a member of the Fire Department.  He stated he had considered other applicants but that Chief Johnson was his choice.
	The City Councilmembers stated enthusiastically that they were pleased with the City Manager's appointment of Chief Johnson and commended both the City Manager and Chief Johnson.
	The City Manager next gave an extensive investigation report of allegations against D.K. Dixon, Chief of Police.
	A copy of this report is filed with the original of these minutes in the Clerk's Office.
	Following the City Manager's report, Rev. Johnson commended the City Manager the extensive and detailed investigation and report of this matter.
	In response to Rev. Johnson's comments, the City Manager stated that there had grown up in the Police Department an informal organization.  He stated we must build in the Police Department faith in the organizational and grievance systems.  He stated that misunderstandings did and still exist.  He stated that there had been a breakdown in organization.  He stated that people in the Department must get involved and that the Police Department must rejoin the City.  He stated that the organization must be considered.  He stated that mistrust existed and still exists.  Be concluded by stating that he would do all in his power that vendettas not exist.
	Mr. Dawkins then stated that part of the Council knows what the City Manager has gone through in this investigation.  He stated he felt the investigation was for the best and that it had cleared the allegations against the Chief.
	Mayor Hurley concurred in Mr. Dawkins remarks and stated the City Manager was worked very well on this matter to get it resolved.  He stated also, that he felt the matter was now resolved.
15.	Matters of Interest to Council:
A.	Policy Committee Reports:
	Mr. Wofford stated the Policy Committee is ready to present the wrecker policy.
	On another important matter, Mr. Wofford stated the Policy Committee commends that the Fire Training Area in Pope Park be named in memory of the late Fire Chief, Thurman Bishop and that an appropriate sign be placed on the site with a dedication ceremony held.
	Mayor Hurley then recognized Mr. Herman Bishop:
	Mr. Herman Bishop, twin brother of former Fire Chief Thurman Bishop commended the appointment of Mr. Wilbur Johnson as Chief of the Fire Department.  Mr. Bishop stated that he had practically grown up with the Fayetteville Fire Department, serving as a volunteer Fireman for a number of years.  He extended grateful thanks to City administration, the Mayor and City Council for their any kindnesses extended to his brother Thurman while he was living and to his family after his death.
	Mayor Hurley thanked Mr. Bishop for his remarks.
	Mrs. Evans than offered motion to name the Fire Training Area in Pope Park of memory of Fire Chief, Thurman Bishop and that an appropriate sign be placed on the site and a dedication ceremony held at the appropriate time.  Motion seconded by Mr. McBryde and carried unanimously.
	Mr. McBryde then asked when the Transit Department is moving into the old Ford place on Grove Street.  Assistant City Manager Stancil replied that some renovation is needed and that Engineering is designing it at the present time.
	Mayor Hurley then stated he would entertain a motion that Council enter into executive session.
	Mr. Dawkins then offered motion at 10:50 P.M. that Council enter into executive session to consider litigation and property matters only, seconded by Mr. Wofford and carried unanimously.
	Council then reconvened into regular session at 11:00 P.M. and Mayor Hurley adjourned the meeting upon motion made and duly seconded.
SPECIAL MEETING
WEDNESDAY, JUNE 22, 1983
FAYETTEVILLE CITY COUNCIL
SPECIAL MEETING
KYLE HOUSE CONFERENCE ROOM
WEDNESDAY, JUNE 22, 1983
7:00 P.M.
Present:	Mayor John W. Hurley
		Councilmembers Milton Wofford, Milo McBryde, J.L. Dawkins, Mildred Evans, Jimmie Jones
		Public Works Commissioners James Warner, Robert Butler, Tom McCoy
John P. Smith, City Manager 
Roger L. Stancil, Assistant City Manager 
Robert C. Cogswell, Jr., City Attorney 
Ray Muench, PWC Manager
Sharon Peels, Finance Department
Absent:	Councilmember Aaron Johnson
	Mayor Hurley reconvened the Special Meeting recessed from June 2, 1983.  He then recognized Public Works Commission Chairman James Warner.  Mr. Warner and Ray Muench, PWC Manager, then presented the Public Works Commission budget.
	Council then continued consideration of the 1983-84 Recommended Budget including the following items:  Special Tax District, outside agencies, requests for additional funds, and rate for local travel reimbursement.  Upon motion by Councilmember McBryde, seconded by Councilmember Dawkins and carried unanimously, the Council went into executive session.  Council then reconvened into regular session and Mr. McBryde offered motion, seconded by Mr. Dawkins, and carried unanimously to approve a 4% cost of living increase and 5% merit increase for the City Manager and City Attorney.
	The next budget session was scheduled for June 29 at 6:00 p.m. in the Kyle House Conference Room.  Upon motion by Councilmember McBryde, seconded by Councilmember Evans and carried unanimously, the meeting was adjourned.
SPECIAL MEETING
WEDNESDAY, JUNE 29, 1983
FAYETTEVILLE CITY COUNCIL
SPECIAL MEETING
KYLE HOUSE CONFERENCE ROOM
WEDNESDAY, JUNE 29, 1983
6:30 P.M.
Present:	Mayor John W. 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
		John M. Monaghan, Jr., Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order.  Council first considered the 1983-84 City of Fayetteville Budget.  Councilmember Johnson offered motion to adopt the 1983-84 Budget Appropriation Ordinance, including a 4% cost of living increase for all City employees and an amendment to the Pay Plan incorporating the Executive Pay Plan as recommended by the City Manager.  Councilmember McBryde seconded the motion.  Councilmember Wofford then offered an amendment to the motion increasing the salaries of the Mayor and City Councilmembers effective with the installation of a new Council in December, 1983.  Councilmembers will receive an additional $100.00 per month, the Mayor pro-tem will receive an additional $117.00 per month, and the Mayor would receive an additional $200.00 per month.  Councilmember McBryde seconded the amendment.  After considerable discussion, the amendment carried with Councilmember Jones voting no.  The amended motion then carried with Councilmember Jones again voting no.
	BUDGET ORDINANCE FOR FISCAL YEAR 1983-1984.  NS 1983-25.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1983.
	Council then considered an agreement with Fayetteville Progress, Incorporated and NCNB Community Development Corporation for the redevelopment of the Haymount School Site.  After a presentation by City Attorney Cogswell, Councilmember McBryde offered a motion to authorize the agreement.  The motion was seconded by Councilmember Jones and carried unanimously.
	City Attorney Cogswell then presented a proposed request to the North Carolina Housing Finance Agency for the issuance of $8,000,000 in mortgage revenue bonds and a proposed loan agreement among NCNB, the City of Fayetteville, and the Fayetteville Redevelopment Commission for an $8,000,000 mortgage loan program.  After some revisions were presented by the City Attorney and after general discussion, Councilmember McBryde offered motion to adopt a resolution authorizing the execution of the Hay/Branson Loan Agreement by the Mayor on behalf of the City.  The motion was seconded by Councilmember Dawkins and carried unanimously.
	RESOLUTION AUTHORIZING EXECUTION OF THE HAY/BRANSON LOAN AGREEMENT. RESOLUTION NUMBER R1983-39.
	A copy of the foregoing resolution is on file in Resolutions Book R1983.
	Mayor Hurley then recognized Mr. M. J. Weeks of Fayetteville Progress, Incorporated for a report on the Prince Charles Hotel project.
	There being no further business, the meeting was adjourned at 7:20 P.M.
REGULAR MEETING
TUESDAY JULY 5, 1983
REGULAR MEETING
TUESDAY JULY 5, 1983
7:00 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Milo McBryde, J.L. Dawkins, Aaron Johnson, Mildred Evans and Jimmie Jones
ALSO PRESENT:	John P. Smith, City Manager, Roger L. Stancil, Assistant City Manager, and Robert C. Cogswell, Jr., City Attorney
	Mayor Hurley called the meeting to order and welcomed all those present.  Mayor Hurley then recognized Mrs. Patricia Benson a teacher in the City school system, and her daughter, Taffye from Mt. Sinai Baptist Church.  Mayor Hurley stated that Taffye would sing the invocation this evening and that her selection would be God Bless America.  Mayor Hurley stated that Mrs. Benson's son was also present this evening.
	Following the invocation sung by Taffye Benson, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley extended grateful thanks to Taffye for her participation this evening and to Councilman Rev. Johnson, Pastor of Mt. Sinai Baptist for having them come.
	Mayor Hurley then recognized Youth Council Representatives, Steve Wilson, Sam Hill and Brad Dent.
	Senate Pages Helen Bucholz, Stephanie Crosby and Amy Griffis were not present this evening.
	Girls State Delegates Maureen Hanrick, Helen Bucholz, Carol Egelston and Robin Thornton were to have been present to receive recognition but only Robin Thornton was present.
	Mayor Hurley presented Miss Thornton with a framed copy of the City's Award of Honor.
	Mayor Hurley stated the City Attorney had requested an Executive Session at the end of this meeting to discuss property and litigation matters.
	Mayor Hurley asked for any comments prior to the beginning of the meeting and Mr. Wofford stated that the invocation of God Bless America was an appropriate action on the day after Independence Day and extended thanks to Miss Benson.
	Rev. Johnson thanked Taffye and her family for their participation in the meeting this evening.  Rev. Johnson stated that he had been asked to serve by the President of the North Carolina League of Municipalities on the Finance and Administration and Intergovernmental Relations Committee, and since he would be representing the City Council, he asked if it would be alright and received tacit approval from the Councilmembers.
	Mayor Hurley stated he also had been asked to serve on one of the League Committees.
	Mr. Dawkins echoed Mr. Wofford's remarks concerning the invocation this evening, and stated he hoped our great country would see 207 more birthdays.
1.	Consent:
	Rev. Johnson offered motion for adoption of all of the consent items from 1A through 1L as presented, seconded by Mrs. Evans and carried unanimously.
	The consent items appear below:
A.	Approval of the minutes of the regular meeting of June 20, 1983.
B.	Approval of the minutes of the special meeting of June 22, 1983.
C.	Set public hearing for August 15, 1983 to consider the rezoning from PND Planned Neighborhood District to R5A Residential District and P2 Professional District and from P2 Professional District to R5A Residential District or to a more restrictive zoning classification of an area located on the west side of US 401, South of London Rd.
D.	Conditionally approve RC1 apartments in a R5A Residential District for preliminary and final group development review located on the north side of Treetop Drive just east of US Highway 401 North.
E.	Conditionally approve J.J. Barnes property in a R5 Residential District for preliminary and final group development review located on the southwest corner of Norwood Street and Woodside Avenue.
F.	Conditionally approve Dean Russell Apartments in a R10 Residential District for preliminary and final group development review located on Berkshire Road East of Hunter Circle.
G.	Tax Matters:
1)	Approve refund to Kimbrells of Fayetteville, N.C., Inc. in the amount of $263.73.
2)	Approve refund to Ralph Odum and wife Pecola in the amount of $52.26.
3)	Approve refund to James Thomas Monroe in the amount of $16.04.
H.	Set public hearing for July 18, 1983, to consider annexation of an approximately 27 acre tract of land attached to Howard Acres Subdivision.
I.	Authorize sale of portion of Lot 23, Block 12, David Ayer Subdivision to Welbuilt Homes by the adoption of the following resolution:
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY, LOT 23 BLOCK 12 DAVID AYER SUBDIVISION.  RESOLUTION NO. R1983-40.
	A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1983.
J.	Authorize the sale of a tract of land at the corner of Moore and Chatham Streets to Mattie McLean by the adoption of a resolution.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY, LOCATED ON THE CORNER OF MOORE AND CHATHAM STREETS.  RESOLUTION NO. R1983-41.
	A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1983.
K.	Set public hearing for July 18, 1983, to consider non-renewal of privilege license under General Statutes 105-113.82 (E & J Investment Corp., Rick's Lounge, 471 Hay St.)
L.	Set public hearing for August 1, 1983, to consider conveyance of site known as Haymount School Property to NCNB CBD and Fayetteville Progress Inc. for redevelopment pursuant to Sec. 8.23(1)(d) of Fayetteville City Charter.
2.	Public Works Commission Matters:
	PWC Manager Muench presented the PWC items.
A.	Review bids received June 14, 1983, for the purchase of electric cable.  The recommended action was the low base bids underscored on an attached tabulation.  PWC Manager Muench presented the bids and stated the low base bids as underscored were recommended.  The bid for 100,000 feet of primary cable was rejected.  Bids will be received again in the near future for similar cable.  Mr. Muench asked for approval of the remaining cable bids.  They were as follows:
	Rigby Electric Supply 50,000 feet triplex $11,665.50 and 50,000 feet Sweetbrier $38,600, also Wesco (Fayetteville) 26,400 feet Voluta $4,366.56.
	Mr. McBryde offered notion for award of the three bids as recommended, seconded by Mr. Wofford and carried unanimously.
B.	Review bids received June 14, 1983 for the purchase a brush chipper with trailer and related equipment.  Mr. Muench stated PWC recommends low bid which met specifications to Vermeer Carolinas in the amount of $13,374.19.  Mr. Muench stated the low bid which met specifications for twelve blade chipper was the Vermeer Carolinas bid as stated.
	Mr. Jones offered motion for award of the bid to Vermeer as recommended, seconded by Rev. Johnson and carried unanimously.
C.	Consideration of applications for extensions of water mains to serve the following subdivisions:
1)	Cedar Falls, Section II (off Carver's Falls Road) 610 feet of 6-inch and 2-inch water main and seven 1-inch water laterals.
2)	Car-Milt Estates, Section III; 870 feet of 8-inch and 2-inch water main and twenty-three 1-inch water laterals.
	PWC recommended approval.
	Mr. Muench stated, with regard to these extensions, that recent requests from these two locations had been disapproved by PWC and by the City Council due to the annexation issue then before the state legislature.  Now he stated the freeze had been lifted and the extensions are recommended.  He stated the estimated cost for the Cedar Falls work would be $4,042 and for the Car-Milt Estates approximately $8,348.
	Following brief discussion, Mr. McBryde offered motion to approve both the Cedar Falls water main extensions and the Car-Milt water main extensions as recommended by PWC, seconded by Mr. Dawkins and carried unanimously.
	This completed the PWC matters and Mr. Muench was excused from the meeting.
3.	Consideration of adoption of an ordinance amending Chapter 20 “Motor Vehicles and Traffic" (Wrecker Ordinance).  The recommended action was adoption of the ordinance.
	The City Attorney presented this item and stated that the new Wrecker Ordinance had been approved by the Policy Committee.  Prior to being reviewed by the Policy Committee, there were several drafts and redrafts and those wreckers on the rotation list were afforded the opportunity at every stage to go over the proposed changes.  Also, they were all invited to the Policy Committee meeting and they all have been invited to the Council meeting.  There still remains one issue that has not been resolved by the Policy Committee, which is the Garage Liability Policy.  This policy covers when a wrecker is towing a car.  There is also the issue of the garage keepers Legal Liability Policy, which covers damage to a vehicle while it is in the care and control of the garage keeper.
	Mr. Wofford stated the wrecker operators had agreed to everything, except the Liability Policy Provisions.
	The City Attorney read a letter from Mr. Marland Reid, an attorney representing several of the wrecker operators, stating the position of his clients in regard to whether or not this type of insurance should be required.  The City Attorney apologized to Council that he had not included a copy of Mr. Reid's letter in the agenda packet.  It had been inadvertently overlooked.
	There was then a lengthy discussion of this matter.   Following this discussion, it was the general consensus of the Council that this matter should be studied further and Mayor Hurley continued this matter to the next regular meeting.
	Rev. Johnson also suggested that the Policy Committee meet again with the Wrecker Operators for further input from them.
	The City Attorney stated that meanwhile, he would see that Councilmembers are provided with a copy of Mr. Reid's letter.
4.	Discussion of non-renewal of ABC Privilege Licenses.
	The City Attorney presented this item and stated he had provided Council with a copy of a letter sent to him by the District Supervisor for the ABC Office, with a list of those permittees in the City of Fayetteville that have had actions taken during the previous fiscal year.  He called attention that all of the these violations with the exception of one involved liquor violations.  He stated he had also included a listing provided by the Finance Department of all of those individuals, firms or corporations that purchase beer or wine privilege licenses in the City of Fayetteville.
	Following brief discussion, Mr. McBryde suggested that public hearings be held on all cases at one time.
	Lengthy discussion followed.
	Mr. Wofford stated that in his opinion, the two most serious offenses were those of selling alcohol to minors and sex acts and moral issues.
	There was still some further discussion.
	Following this discussion, Mr. Wofford offered motion that in those instances where a conviction or a firm finding has been made, that an ABC permit holder has violated an issue of morals and minors that we consider revocation of their license at a public hearing.  The motion received no second and Mayor Hurley declared it lost.
	Following some further discussion, Mr. McBryde offered motion that Council have a hearing on the one set earlier (consent item 1K E & J Investments) and also on Items 1 through 7 in the letter received by Mr. Cogswell and any other presented by the City Attorney, motion seconded by Mr. Wofford and carried, Mrs. Evans voting no.
	Following some further discussion, Mr. Dawkins offered motion to rescind the action taken on consent item 1K in setting a public hearing for July 18, 1983, and reset other hearings as suggested by the City Attorney, motion seconded by Mr. McBryde and carried, Mrs. Evans voting no.
5.	Consideration of revocation of Ordinance NS1981-8-Parking spaces in front of Greyhound Bus Terminal.
	The City Manager presented this item and stated, it had been requested by Mr. McBryde at the last meeting.  He stated it actually involved two hour parking spaces across from the bus terminal.  He stated there were other types of parking spaces involved in this area too.  He suggested that Council allow him additional time to look at the parking from Bow Street outwardly to this area and come back with a recommendation.
	Mr. McBryde stated the reason he had brought this matter up, was because he had observed meter maids walking past other types of parking spaces to the ones in front of the bus terminal and it was taking a considerable amount of their time to complete this task.
	Council deferred action on this matter as requested by the City Manager for study by him and by the City Engineer.  The City Manager stated they would return with a recommendation.
6.	Appointments:
A.	Nominations for two vacancies on the Board of Adjustment.
	Mrs. Evans nominated incumbent F. Royal Loyd, Jr.
	Mr. Dawkins nominated incumbent Charles Smith.
	Mayor Hurley stated election of these nominees would be considered at the next meeting.
7.	Delegations:
	A Mr. Alexander Evans, a City resident was recognized and stated to Council that he wanted to engage in sports activities.  He stated he has been using the King Street field but lighting is the problem and he wants to play at night.  He asked if Council could help with this question.
	Mayor Hurley informed Mr. Evans that after his conversation with him concerning this matter this afternoon, he had called Mr. Jack Wilson, Superintendent of the Recreation Department, regarding this.  He also informed Mr. Evans that the City Manager would assist him with his problem.
8.	City Manager's Reports:
	City Manager Smith stated to Council that with their approval he would take annual leave from July 11 through July 22.  During this time, Assistant City Manager Stancil would be in charge.
	Council then recognized City Attorney Cogswell who distributed copies of former Senate Bill 107 now Chapter 636 which is the state's new annexation law.  Mr. Cogswell provided a complete and detailed explanation of the new law, which now includes the City of Fayetteville.
	A very lengthy discussion of the new law was then held and Mr. Cogswell responded to questions from the Mayor and Council concerning the technical aspects.
	The City Manager informed Council that the staff had already started establishing annexation priorities.
	There was then some further discussion.
	Following this discussion, Mayor Hurley thanked the City Attorney for the information.
9.	Matters of Interest to the City Council:
	Mr. Wofford informed Councilmembers that he had observed two very encouraging actions today.  One was the vacation of the Old Towne Theatre on Hay Street which the City had recently obtained possession of.  The other was the demolition of the Old County Court House Annex buildings on Franklin Street, also now owned by the City.  Mr. Wofford requested the City Manager to have Downtown Turnaround signs placed at these and any other locations similar to these to let the public know what is happening.  He also requested removal of the portable sign at the Municipal Market.
	Mr. Jones extended thanks to Assistant City Manager Roger Stancil for the new top on the State Flag Staff in the Council Chamber.
	Mr. Dawkins informed Councilmembers that they had a good Transportation Advisory Committee Meeting last week and that they had received several good comments and suggestions from other Municipalities in the County.
	Mr. Jones asked the City Engineer if we have right-of-way problems with Soffe Drive.  The City Engineer stated that pursuant to action by the Council several weeks ago the state has taken over maintenance of this street.
	Mayor Hurley extended thanks to the Olde Fayetteville Association for the Fourth of July celebration yesterday and stated it was one of the best ever.
	Mayor Hurley informed Council that he was going on a mission tomorrow for the City with the United States Air Force to visit various Air Force bases in Italy, Germany, and England for the next eight days.
	Mayor Hurley thanked Mr. Tom Lloyd from the Planning Department and the Police Officer for being present this evening.
	Mayor Hurley stated he would then entertain a motion to convene into Executive Session and Mr. McBryde moved, seconded by Mr. Jones and carried unanimously to enter into Executive Session at 8:30 P.M. to discuss property and litigation matters only.
	Council reconvened into regular session at 9:20 P.M.
	Mayor Hurley recognized Mr. Dawkins who stated that the City is getting ready to start tearing up the first three blocks of Hay Street and that we will have real problems.  He requested the City Engineer to come back with suggestions on solutions to Franklin Street and Russell Street.  The City Engineer acknowledged the request.
	Mayor Hurley then adjourned the meeting at 9:23 P.M. upon motion made and duly seconded.
REGULAR MEETING
MONDAY, JULY 18, 1983
REGULAR MEETING
MONDAY, JULY 18, 1983
7:10 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Milo McBryde, J.L. Dawkins, Aaron Johnson, Mildred Evans and Jimmie Jones
ALSO PRESENT:	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 and the invocation was offered by City Attorney Cogswell.  Following the invocation Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley recognized Fayetteville Youth Council representative Steve Wilson, the newly elected President for the coming year.
	Mayor Hurley asked if there were comments from any members of the Council before the beginning of the meeting and Mr. Dawkins stated that Mr. Milton Mazarick, Chairman of the City's Parks and Recreation Advisory Commission was in critical condition in Duke Hospital.  He asked those present to remember Mr. Mazarick and his family in their prayers.
1.	CONSENT:
	Mayor Hurley stated that Mr. Dawkins had requested permission to abstain from voting on Consent Item 1K.  Tacit approval was given to the request.
	Mr. McBryde then offered motion to approve all Consent Items except 1K, seconded by Mr. Wofford and carried unanimously.
	The Consent Items appear below:
A.	Approval of the minutes of the special meeting of June 29, 1983.
B.	Approval of the minutes of the regular meeting of July 5, 1983.
C.	Election of nominees previously made to fill two vacancies on the Board of Adjustment.  They were F. Royal Lloyd, Jr., and Charles Smith re-elected to three year terms of office, said terms to run to July, 1986.
D.	Set public hearing for August 1, 1983 to consider annexation of a tract of land located on the north side of Shaw Road.
E.	Set public hearing for August 15, 1983 to consider a resolution requiring the paving pursuant to petition of Post Avenue from Broadview Drive to Myrtle Drive.
	PRELIMINARY RESOLUTION REQUIRING THE PAVING PURSUANT TO PETITION OF POST AVENUE.  RESOLUTION NUMBER R1983-42.
	A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1983.
F.	Set public hearing for August 15, 1983 to consider modification of the Downtown Redevelopment Loan to “Best-of-Bow".
G.	Approval of a tax refund in the amount of $160.53 to D. T. Newton.
H.	Approval of the initial zoning to R10 Residential District or to a more restrictive zoning classification an area located on the west side of McPherson Church Road south of Cliffdale Road.
	AN ORDINANCE OF THE FAYETTEVILLE CITY COUNCIL AMENDING THE ZONING ORDINANCE TO INITIAL ZONING TO R10 RESIDENTIAL DISTRICT OF AN AREA LOCATED ON THE WEST SIDE OF MCPHERSON CHURCH ROAD SOUTH OF CLIFFDALE ROAD.  ORDINANCE NUMBER NS1983-26.
I.	Approval of the initial zoning to R10 Residential District or to a more restrictive zoning classification of an area located north of US 401 By-pass between McChoen Drive and Roses Lake.
	AN ORDINANCE OF THE FAYETTEVILLE CITY COUNCIL AMENDING THE ZONING ORDINANCE TO INITIAL ZONING TO R10 RESIDENTIAL DISTRICT AN AREA LOCATED NORTH OF US 401 BY-PASS BETWEEN MCCHOEN DRIVE AND ROSES LAKE. ORDINANCE NUMBER NS1983-27.
J.	Approval of the initial zoning to C(1)P Shopping Center District or to a more restrictive zoning classification an area located on the west side of North McPherson Church Road about 550 feet north of Vancouver Drive.
	AN ORDINANCE OF THE FAYETTEVILLE CITY COUNCIL AMENDING THE ZONING ORDINANCE TO INITIAL ZONING TO C(1)P SHOPPING CENTER DISTRICT OF AN AREA LOCATED ON THE WEST SIDE OF NORTH MCPHERSON CHURCH ROAD ABOUT 550 FEET NORTH OF VANCOUVER DRIVE.  ORDINANCE NUMBER NS1983-28.
	Copies of all of the foregoing ordinances are on file in the Clerk's Office in Ordinance Book NS1983.
	Consent Item 1K was removed and appears following 1O.
L.	Conditional approval of Raleigh Road Auto Sales in a C(1)P Shopping Center District for preliminary and final review located on the east side of US 401 North between Treetop Drive and Stacy Weaver Drive.
M.	Conditional approval of the Ravenhill Executive Park in a C(1)P Shopping Center District for preliminary and final revision and addition review located on the west side of Ravenhill Drive north of US 401 (Raeford Road).
N.	Conditional approval of Windtree Apartments, Section II in a R5A Residential District for preliminary and final Group Development Revision Review located on the east side of Tradewinds Drive north of Windcross Court.
O.	Conditional approval of the Eutaw Condominium Conversion in a R5 Residential District for preliminary and final review located on the north side of Rogers Drive west of Stamper Road.
K.	Council then considered Consent Item 1K which was:  Conditional approval of Stratford Hills-Willow Run (Zero Lot Line Development) in a R10 Residential District for preliminary and final revision review located on the north side of McPherson Church Road south of Colinwood Drive.
	Mr. McBryde offered motion, seconded by Rev. Johnson for approval of the foregoing Consent Item 1K.  Motion carried, Mr. Dawkins abstaining.
2.	PUBLIC HEARINGS:
A.	Consideration of the rezoning from C3 Heavy Commercial District to M2 Industrial District or to a more restrictive zoning classification, an area located at 555 Gillespie Street.  Recommended Action:  Planning Board recommends approval.
	Planner Al Mitchell presented this item and stated that Planning Board recommended approval.
	Mayor Hurley recognized Mr. Jay Swartz, the petitioner who requested M2 Rezoning for a machine shop.
	Council then recognized Mrs. Bettie Goodenough, a concerned citizen in opposition to the rezoning from C3 to M2 who stated that Gillespie Street had been ignored causing it to deteriorate.
	There was then some discussion of the matter.
	Following this discussion, Mr. Wofford offered motioned to not approve the rezoning.  Motion seconded by Mr. Jones.
	There was then some further discussion, and following this Mayor Hurley called for a vote on the motion to not approve the rezoning and it carried unanimously.
B.	Consideration of Program of Projects under Section 9A of the Surface Transportation Act.  Recommended Action was adoption.
	Assistant City Manager Stancil presented this item and stated that the recent increase in the federal gasoline tax had produced funds available for planning and capital purposes in public transportation.  Section 9A of the Surface Transportation Act allocates these funds.  The City of Fayetteville urbanized area has been allocated $466,000 to be spent over the next three years.  These funds provide 80% funding of approved projects with 10% provided by NCDOT.
	The attached information projects programming $260,420 in fiscal year 83-84.  Of this total, $100,420 will be for Cumberland County activities matched with Cumberland County funds and passed through the City of Fayetteville on a contractual basis.  The City is the designated recipient of urbanized area funds.
	The remaining $150,000 is programmed for strengthening the pavement in the parking lot on the transit maintenance side of the Grove Street facility.  Although this parking lot is sufficient for automobiles, it is inadequate for the constant flow of heavy equipment that will occur when the bus fleet is maintained there.
	The pavement strengthening project is included in the capital improvements program for 1983-84 and the transportation improvement program for 1983-84.  The 10% local match is included in the 1983-84 revenue sharing budget.
	He recommended adoption of this program of projects, authorization for the City Manager to execute an agreement with the County, and for adoption of the resolution.
	No one was present for or against the proposal.
	Following brief discussion, Mr. McBryde offered motion, seconded by Mrs. Evans to authorize filing of the application, authorization for the City Manager to execute the agreement with the County and the adoption of the resolution.  The motion carried unanimously.
	AUTHORIZING RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA. RESOLUTION NUMBER R1983-43.
	A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1983.
C.	Consideration of annexation of an approximate 27 acre tract of land adjacent to Howard Acres Subdivision.
	Planner Mitchell stated the Annexation Technical Review Committee recommended approval of this annexation.
	No one was present for or against the annexation.
	Following brief discussion, Mrs. Evans offered motion for approval of the annexation by the adoption of an ordinance.  Seconded by Rev. Johnson and carried unanimously.
	AN ORDINANCE EXTENDING THE CITY LIMITS OF FAYETTEVILLE TO INCLUDE AN AREA ADJACENT TO HOWARD ACRES SUBDIVISION.   ANNEXATION ORDINANCE NUMBER 83-7-264.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Annexation Ordinance Book 1983.
D.	Consideration of a resolution confirming the assessment roll for the paving of Powell Street from Trade Street to Cude Street. The recommended action was adoption of the resolution.
	The City Engineer presented this item and stated the assessment rate was at $4 per front foot.  He also stated that all property owners had been notified of this public hearing.
	Council recognized Mrs. Myrtle Cashwell of Powell Street who was opposed to the assessment for this paving.  Mrs. Cashwell stated that other streets in this area had been paved without assessment to the property owners and she wished to know why they were being assessed.
	In reply to Mrs. Cashwell's question the City Engineer stated that other streets paved in the area had been done through Community Development funds.
	Mr. Dawkins informed Mrs. Cashwell that the assessment is only $4 per front foot which is approximately 10% of the actual cost of paving to the City.
	Mr. Norman Hawley another Powell Street resident was recognized and stated he was not opposed to the assessment but on the assessed value of his property, Lots 6, 7, and 8.  He stated that the assessment cost was more than the Lots were worth.
	There then followed a lengthy discussion of this matter by the Council.  The discussion centered around the assessment of other Lots on this same street and of the possible necessity for reappraisal.
	Mrs. Evans then offered motion to continue this matter to the next regular meeting on August 1, 1983 for proper information, seconded by Mr. Jones and carried unanimously.
3.	PUBLIC WORKS COMMISSION MATTERS:
A.	Consideration of bids received June 28, 1983 for the purchase of 98 electric distribution transformers.  Recommended Action:  PWC recommends the low bid.
	PWC Manager Ray Muench presented this item and stated that the low bids were submitted by Mill Power-Supply for 50 KVA Transformers, for $1,159 and 100 KVA Transformers for $1,538.90 and by Wesco Inc. for 167 KVA Transformers in the amount of $1,886.  He stated that Wesco had withdrawn its bid due to a mathematical error.  He stated that matter will go back before the Commission.  He requested approval of the Mill Power Supply bids only.
	Mr. Wofford moved for approval of the first two bids by Mill Power Supply as recommended, seconded by Mr. McBryde and carried unanimously.
B.	Consideration of proposals received for insurance coverage for various Public Works Commission properties and liabilities.  The recommended action, PWC recommends the low proposals by Wade S. Dunbar Insurance Agency/West Insurance Associates.
	Mr. Muench stated the low proposal submitted by Dunbar/West were recommended.  The total of all low insurance costs was $60,654 reflecting a savings of more than $25,000 over the same coverages during the previous year with no reduction in insurance coverage.  Mr. Muench stated the types of insurance were as follows:  Property insurance, $8,903; Business Vehicle Liability Insurance, $10,291; Boiler and Machinery Explosion-Generators, $32,000; Boiler and Machinery Fire Generators, $9,461.
	Following brief discussion Mr. Dawkins offered motion to award the foregoing bids as recommended by PWC, seconded by Mr. Jones and carried unanimously.
	Council recognized Mr. James Warner, PWC Chairman who informed the Council that the City had set a record for water use last week.  In response to question from Council concerning electric use, Mr. Muench stated the electric use peak had not been reached since January, 1981.  However, use has been extremely high in the City due to the warm weather.
	This completed the PWC matters and Mr. Muench and Mr. Warner were excused.
4.	Consideration of adoption of an ordinance amending Chapter 20 “Motor vehicles and Traffic" (Wrecker Ordinance).  (Continued from the regular meeting of July 5, 1983).
	The City Attorney presented this matter and stated that at Council's request we have polled the wrecker operators and some insurance companies in regard to the premium cost for the legal liability provision.  The response of the operators had been provided in a memo to Council.
	Mr. Cogswell stated he had also discussed the matter with an Insurance Company that writes this coverage on a nationwide basis.  He was advised that a $100,000 garage keeper's legal liability policy that would cover fire, theft and vandalism in the state would have a premium of $244 a year.  Claims are paid on the policy based upon the negligence of the insured which had been previously pointed out.  The representative of the company indicated that this premium would apply to almost anyone and that past experience would have little to do with the premium.  The agent did say that the security of the storage lot could have a bearing.
	The City Attorney provided a copy of a proposed hold harmless provision for the ordinance if that was Council's preference.  The City Attorney recommended keeping the provision in the ordinance and suggested that if Council adopted the ordinance the effective date be September 16th in order to give the operators and administration time for preparation.
	There was then considerable discussion of this matter.
	Following this discussion Mr. Wofford offered motion that we adopt the wrecker ordinance as presented with the following understandings:  That the legal liability insurance be left in; that the hold harmless agreement be added to; that windstorm be stricken from; and that the effective date be September 16, 1983.  Motion seconded by Rev. Johnson and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 20 MOTOR VEHICLES AND TRAFFIC OF THE FAYETTEVILLE CITY CODE OF ORDINANCES - WRECKER ORDINANCE.  ORDINANCE NUMBER S1983-9.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1983.
5.	Discussion of non-renewal of ABC Privilege Licenses.
	The City Attorney informed Council that he did not have sufficient information at this time and requested deferral to the next meeting.
	Rev. Johnson then moved to continue discussion of this matter for more information.  Motion seconded by Mr. Jones and carried, Mrs. Evans voting no.
6.	Consideration of an ordinance to amend Chapter 3, 9, 11, 15, and 23 of the Fayetteville City Code (Inspections Fees).
	The recommend action was adoption.
	Assistant City Manager Stancil presented this item and stated that in the past fees charged by the Inspections Department for various inspections have been listed in the ordinance.  This practice requires us to amend the ordinance every time new fees are set by Council.  Changing the Code every time new fees are set is an administrative burden and costly to the City.  It can also be confusing when new fees are adopted but the Code is not changed immediately.  Information taken from the Code Book becomes erroneous.
	To correct these problems, we recommend the attached ordinance amendment:  Fee schedules will continue to be set by City Council but included in the ordinance by reference.  Up-to-date fee schedules will be kept on file in the City Clerk's Office.  This is the procedure we follow with other fees such as those in Parks and Recreation.
	Following some discussion, Mrs. Evans offered motion for approval of the foregoing by the adoption of the ordinance.  Seconded by Mr. Dawkins and carried unanimously.
	Mr. Jones asked a question on the amount of the bond requirement and the Assistant City Manager was requested to check and come back with this information at the next meeting.
	AN ORDINANCE AMENDING CHAPTERS 3, 9, 11, 15 AND 23 OF THE FAYETTEVILLE CITY CODE - INSPECTIONS FEES.  ORDINANCE NUMBER S1983-10.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1983.
7.	Consideration of Budget Ordinance Amendment CHANGE 84-1 and amendment to Internal Service Fund CHANGE 84-1.  The recommended action was adoption.
	Assistant City Manager Stancil presented this matter and stated that since we acquired the new fleet maintenance facility on Grove Street we have been gradually consolidating all fleet maintenance activities in one location.  The attached amendment will transfer a mechanic from the Fire Department to the Fleet Maintenance Department to continue this effort.  This consolidation will allow us to more efficiently schedule the time of all of our mechanics and encourage greater productivity in use of equipment and supplies.  This move is recommended by both the new Fire Chief and the Director of Fleet Maintenance.
	Mr. McBryde offered motion for adoption of the budget amendment as recommended, seconded by Mr. Jones and carried unanimously.
8.	CITY MANAGER'S REPORTS:
	Assistant City Manager Stancil mentioned a memo he had given to Council on the start of the 500 Block demolition.  This is scheduled for 12:00 noon, July 28, 1983.  Mayor Hurley stated that members of the Revitalization Commission and others would be present at this activity.  He encouraged all Council members to be present also.
9.	DELEGATIONS:
	No delegations responded to the invitation by Mayor Hurley for recognition.
10.	MATTERS OF INTEREST TO COUNCIL:
	Mr. Wofford stated that there are storm sewer grates that run parallel to the curb in some parts of the City, and that some injuries are being sustained by bikers dropping into these grates.  The City Engineer stated that these grates are maintained by DOT and that to his knowledge they have no program to change immediately, but they are aware of the problem.
	Mr. Wofford stated that the City should try to retain some remnants and artifacts in the 500 Block of Hay Street for posterity and the City Attorney provided some information concerning this.
	Mr. Wofford asked if there was any plan to photograph the demolition procedure.  He suggested that this be done.  Mr. Wofford set a meeting of the Policy Committee for 5:30 p.m., Wednesday, July 27, 1983 in the Kyle House.
	Mr. McBryde stated that he had made a formal pole of the Council to gag Mr. Dawkins and Rev. Johnson at all future meetings.
	Mr. Dawkins stated that he had met with the City Engineer on drainage matters on Franklin and Russell Streets in connection with the Transit Mall and the City Engineer stated that progress is being made in this matter.
	Rev. Johnson asked if Taft Street is still in the process of paving and the City Engineer replied in the affirmative, but that it had been temporarily delayed.
	Mr. Jones stated he had been approached by merchants and friends with questions on what is being sold in the Pro Shop in Glenville Park.
	Assistant City Manager Stancil stated that the idea is not for a Pro Shop, but to control the tennis courts.  Mr. Jones suggested the building be used as a Park Ranger Station.
	Mr. Jones also stated he had received calls on the Middle Road paving and stated that he saw no need for this matter to go to the Committee.
	Following brief discussion, Mr. Jones offered motion that we repave Dunn Road and put back two lanes as it was.  Motion seconded by Mrs. Evans.
	The City Engineer stated that this project is now being held up due to sanitary sewer line failure.
	Rev. Johnson stated the Streets and Roads Committee is considering this matter and will come back before Council with a recommendation.
	Mrs. Evans then withdrew her second to the motion and Mr. Jones stated he would let his motion be lost for lack of the second.
	Mr. Jones stated the toll booth behind the Capital Department Store is very hot.  He stated that very little use is being made of this lot.  He requested the Policy Committee to work on this matter.
	Mr. McBryde suggested that Council let administration look at this lot as well as the one across from the TV 40 Building on Donaldson Street and make recommendations.
	Mayor Hurley informed Council that he received a very interesting letter from Fayetteville Cablevision.  All Council members stated they had received one too.
	Mayor Hurley then adjourned this regular session at 8:40 p.m., upon motion made and duly seconded.
REGULAR MEETING
MONDAY, AUGUST 1, 1983
REGULAR MEETING
MONDAY, AUGUST 1, 1983
7:00 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans and Jimmie Jones
ALSO PRESENT:	John P. Smith, City Manager
			Roger L. Stancil, Assistant City Manager
			Robert C. Cogswell, City Attorney
	Mayor Hurley called the meeting to order and the invocation was offered by the Rev. Richard Edwards, Carroll Memorial Baptist Church.  Following the invocation Mayor Hurley lead the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley recognized Fayetteville youth Councilmembers Brad Dent and Steve Wilson present in the audience to observe council proceedings.
	Mayor Hurley also recognized the “Red Legs" Little League Baseball Team, the City Champions.  He presented a resolution to them in recognition of their efforts and offered congratulations.
	Mayor Hurley then presented Five-Year Service Pins Awards to Mrs. Carol Parker, City Personnel Director and Mr. William J. B. McGugan, Head of the City's Administrative Services.
	Fire Chief Wilbur Johnson was not present to receive his thirty-year pin.
	Mayor Hurley stated the City Attorney had requested an Executive Session at the end of this meeting to consider a litigation matter only.
	Inasmuch as one of she consent items was the setting of a Public Hearing for September 6, 1983, Mr. McBryde offered motion, seconded by Mr. Wofford and carried unanimously that the Council change its regular meeting date from Monday, September 5, to Tuesday, September 6, due to the Labor Day Holiday.
	Mayor Hurley asked if any of the Councilmembers had any remarks to make before the beginning of the meeting and Mr. Dawkins was recognized and remarked that Mr. Milton Mazarick's death occurred on Monday, June 18th.  He remarked on Mr. Mazarick's excellent reputation and performance as Chairman of the City's Parks and Recreation Commission and remarked further that he had served almost to the end.  He asked those assembled to remember Mr. Mazarick and his family and stated that Mr. Mazarick will be long remembered for his civic work.
	Mr. Jones extended thanks to all who had attended and had a part in the Demolition Ceremony in the 500 block of Hay Street last Thursday.  The Mayor echoed Mr. Jones remarks and extended thanks also to Mr. John Monaghan and to Fayetteville Progress for their efforts in the above ceremony.
	Council then moved into consideration of the regular business.
1.	Consent:
	Mr. Wofford offered motion, seconded by Mr. McBryde to approve all consent items.
	Mr. Jones offered substitute motion to withdraw consent item 1D, adoption of the ordinance amending Chapter 20, Motor vehicles and Traffic (Wrecker Ordinance) second reading and approve consent Items 1 A, 3, C, E and F, motion seconded by Rev. Johnson.  Mayor Hurley called vote on the motion and it was as follows:  For the motion:  Mr. Jones, Mrs. Evans, Rev. Johnson and Mayor burley. Against the motion:  Mr. Dawkins, Mr. McBryde and Mr. Wofford.  Mayor Hurley declared the substitute motion carried.
	At this point, Mayor Hurley recognized Fire Chief Wilbur Johnson who had entered the meeting.  Chief Johnson apologized for being late.  Mayor Hurley then presented Chief Johnson with his Thirty-Year Service Pin and offered him congratulations.  Chief Johnson received a round of applause from the audience.
A.	Approval of the minutes of the regular meeting of July 13, 1983.
	Set public hearing for September 6, 1983 to consider modification of a Downtown Redevelopment Loan to Theodore O. Rhodes, Jr. and Susan S. Rhodes.
	Conditional approval of Westwood Shopping Center Phase III addition in a C(1)P Shopping Center district for preliminary and final review located off the west side of McPherson Church Road.
	Item D had been pulled for later consideration.
	Approval of sublease of corporate hangar from D & G Air Service to Flight Unlimited.
	Approval of Tax Refund in the amount of $32.22 to William C. Burgess, Jr.
	Council then considered consent item ID, adoption of an ordinance amending Chapter 20 “Motor Vehicles and Traffic" (Wrecker Ordinance) second reading.
	Mr. Jones stated that Attorney Reid had requested to meet with City Council on this matter.  Since Attorney Reid was not present this evening, Mr. Jones suggested that Council consider this matter at the next meeting with Attorney Reid present.
	The City Attorney then offered some comments concerning the required insurance under the provision of this ordinance.
	Following brief discussion, Mr. Wofford offered motion to approve item ID, the Wrecker Ordinance on seconding reading by adoption.  Motion seconded by Mr. McBryde and carried, Mr. Jones voting no.
	Note:  The ordinance title and number are spread upon the minutes of the meeting of July 18, 1983.
2.	Public Hearings:
	Consideration of annexation of a tract of land located on the north side of Shaw Road and being 1135 Shaw Rd.  Recommended action was Annexation Technical Review Committee recommends denial of the annexation, based on the cost of extending water and sanitary sewer being disproportionately high at this time. The cost to extend water would be $77,400 and sanitary sewer $6,000.  Planner Al Mitchell presented this matter and explained the foregoing reason for denial.
	There were no persons present for or against this annexation.
	Council recognized Mr. Clinton Harris, a local citizen with comments on the annexation procedures.  Mayor Hurley explained the reason for the recommendation for denial as stated was due to the high cost of extending utilities.
	Following brief discussion, Mr. McBryde offered motion to follow the recommendation and deny the annexation, seconded by Mr. Dawkins and carried unanimously.
3.	Planning Board Matters:
	Consideration of “700 Haymount" Townhouses, phase one in R-5 Residential District and final zero lot line group development review located on the northwest corner of day Street and Hillside Avenue.  The recommended action was Planning Board recommends conditional approval.
	Planner Al Mitchell presented this matter and stated this was the first phase of the plan.  He stated the Planning Board recommends conditional approval at the appropriate time.
	Following brief discussion, Mrs. Evans offered motion to follow the recommendation and give conditional approval at the appropriate time to the site plan, seconded by Mr. McBryde and carried unanimously.
	Mayor Hurley then recognized City Manager Smith, who stated that tonight Council would be asked to approve the site plan for this project.  He stated a Public Hearing had also been set for tonight to take final action to designate Fayetteville Progress, Inc. and NCNB CDC as the redevelopers for the Haymount School Site and to authorize sale of the land to Fayetteville Progress, Inc. Unfortunately, the hearing had not been advertised as required so we have rescheduled the hearing for the August 15th meeting.  He stated further that Fayetteville Progress and NCNB CDC would like to present their entire package to the Council at one time.  Since the hearing has to be rescheduled, they would be to present the whole development package to the City when the site plan is considered.
	Council then recognized Mr. John Monaghan of Fayetteville Progress who offered comments concerning the project and displayed a plan.  He stated the proposal was approval at the Public Hearing on August 15th to convey this property to Fayetteville Progress and NCNB CDC.
	Council also recognized Mr. Vic Phillips of NCNB CDC, who presented site plans and paintings of the proposed project and offered comments for Council's information.
	Following this presentation, Mayor Hurley extended thanks to Mr. Monaghan and Mr. Phillips for their information and stated this was certainly a progressive step forward in the development of the Haymount area.
	Rev. Johnson then offered motion, seconded by Mr. Dawkins and carried unanimously that the Public Hearing scheduled for tonight on this matter be deferred to the regular meeting on August 15th.
4.	Public Works Commission Matters:
A.	Consideration of bids received July 12, 1983 for construction of a 30-inch wager transmission main from Ramsey Street to Murchison Road.  PWC Manager Muench stated the recommended action was PWC recommends the low bid by Dobbins Construction Company in the amount of $368,311 and that the Mayor and City Clerk be authorized to execute the contract documents.
	Mr. McBryde then offered motion, seconded by Mr. Jones and carried unanimously to award the contract to Dobbins as recommended and authorize the Mayor and City Clerk to sign the contract.
B.	Consideration of bid received July 12, 1983 for the purchase of 12 cable function enclosures.  PWC Manager Muench stated the recommended action was PWC recommends a low bid by Westinghouse Electric Supply Company in the amount of $19,480.80.
	Rev. Johnson offered motion to award the contract to Westinghouse as recommended, seconded by Mr. Wofford and carried unanimously.
C.	Consideration of bids received July 5, 1983 for the purchase of 18 transformer differential relays.  PWC Manager Muench stated that recommended action was PWC recommends the low bid by Mill-Power Supply Company in the amount of $23,143.
	Mr. Wofford offered motion to award the contract to Mill-Power Supply as recommended, seconded by Mr. Jones and carried unanimously.
D.	Consideration of proposed purchase by PWC of LaFayette Water Corporations Water System serving LaFayette Village, Drake Park, Evergreen Estates, Welmar Heights, part of Montclair Subdivision, Cottondade, Summerhill Subdivision, and adjacent areas.  RWC Muench stated the recommended action was PWC recommends approval.
	PWC Manager Muench stated the PWC has negotiated to purchase this water system consisting of water mains, service laterals and water meters only for 1.5 million dollars, in accordance with terms and conditions stated on the fact sheets provided to City Council subject to approvals of the City Council and the North Carolina Utilities Commission.  Mr. Muench stated further there is no proposal at this time for the purchase of the Cumberland Water Company System.  Mr. Muench also displayed a map of the system, provided detailed information to the City Council, and answered questions concerning the purchase of the system.
	There was then a very lengthy discussion by Council of this proposal.  Mrs. Evans then offered motion to following the recommendation of PWC and approve the purchase, motion seconded by Mr. McBryde.
	Following a further lengthy discussion, Mayor Hurley called for vote on the motion and it carried unanimously.
	PWC Manager Muench then introduced to Council Mr. Bob Williams, Vice-Chairman of Public Works Commission.  Mayor Hurley welcomed him to the meeting and thanked them both for the presentation.
5.	Discussion of non-renewal of ABC Privilege licenses (continued from the regular meeting of July 18, 1983).  Council then recognized the City Attorney, who stated he had received the cases involved in actions taken by the ABC Commission since July 1, 1982.  He stated he was of the opinion that there is a sufficient bases to proceed with Public Hearings if Council desires in the following cases:
1.	LaFonda Lounge,  128 Person Street
2.	Lynn's Restaurant, 243 Hillsboro Street
3.	Sh-Booms, 238 Tallywood Center
4.	Kroger's Sav-On number 980, 3650 Reilly Road
5.	The Pad, 740 Bragg Boulevard
6.	Ruby's Grocery, 2004 Southern Avenue
7.	301 Opry House, 106 Southeastern Boulevard
8.	Circle T, 277 Gillispie Street
9.	The Back Door, 3446 1/2 Bragg Boulevard
10.	Club 21, 513 Hay Street
11.	Rick's Lounge, 471 Hay Street
	He stated he had contacted both the ABC office and the Cumberland County ABC enforcement office and all the officers involved will be available during the month of August.
	I have attached to this memo a copy of a Request for Opinion I have sent to the Attorney General's office.  Upon review of the statute, these two questions were raised in my mind and I feel like a definitive answer would be helpful before proceeding.  They are aware that we are contemplating these Public Hearings and have indicated they will respond as soon as possible.
	There is also another action that you can consider.  This would apply only to those cases involving indecent conduct.   Section 17-21.1(2) of the Fayetteville City Code authorizes you to take essentially the same type of action that the state statute authorizes in terms of non-renewal of a privilege license.   However, action taken under your City ordinance would authorize the non-renewal of a privilege license other than one for the sale of beer and wine e.g. pool tables, sundries and topless dancing.
	The City Attorney stated further that he did receive an oral response from the Attorney General's office.
	There was then a very lengthy discussion by the Council on this matter.
	Mayor Hurley then declared a five minute recess.
	Council then reconvened and there was further discussion of this matter.
	Following this discussion, Mr. Wofford offered motion that we hold a Public Hearing, time to be set by Mayor if the motion passes that we bring before the council at Public Hearing those establishments who have potentially violated city ordinance for any of the City privilege licenses.  (By that I mean anyone who has a potential violation of the topless dancing permit guidelines or any other permit guidelines issued by the City and not those issued by the State and then follow it up with a City permit.)  Motion seconded by Mr. Dawkins.
	There was further discussion, and the City Attorney mentioned Club 21 and Rick's Lounge of the foregoing list provided.
	Mayor Hurley then called for vote on Mr. Wofford's motion and it carried, Mr. McBryde voting no.
	Following some further discussion, Mr. Wofford offered motion that the City Attorney send letters to each of the other nine firms listed and inform them that the City has the right to call a Public Hearing and bake away bear licenses if violations continue.  The motion was lost for lack of a second. 
	There then followed some further discussion of this matter, with Attorney Sneed High being recognized with comments.
	Mayor Hurley then closed the discussion by stating that the Council will set Public Hearings at the next meeting on August 15th.
6.	Consideration of approval of Supplemental Agreement No. 5 with Wilbur Smith and Associates to provide plans and specifications for additional Airport improvements.
	Council recognized Airport Manager Earl Dennis, who presented this matter and recommended approval.  He stated the FAA had allocated $662,260 for Airport improvements subject to FAA approval.
	Mrs. Evans then offered motion to follow the recommendation of the Airport Commission and approve Supplemental Agreement No. 5 as recommended, seconded by Rev. Johnson and carried unanimously.
7.	Consideration of revisions to Traffic Schedule #2 - Turn Control, Traffic Schedule #10 - Loading Zones, and Traffic Schedule #13 - Parking Zones.
	The City Engineer presented this matter and stated that Coleman's Sporting Company has made a request that a loading/unloading zone be established on the Southwest corner of Anderson-Old Streets.  This loading zone would require a revision to Traffic Schedule #13 - Parking Zones and Traffic Schedule #10 - Loading Zones.
	With the recent implementation of the north/south one-way pairs in the downtown area, we believe left terms from Hay Street should be allowed at Anderson and Maxwell Streets.  Previously, left turns were prohibited at these intersections at the interest of minimizing traffic congestion.  Revision to Traffic Schedule #2, turn control world accomplish this.  He recommended adoption of the three traffic ordinances.
	There was then a discussion of these matters and especially of the establishment of the loading zones.
	Following this discussion, Mr. McBryde offered motion to approve the turn control ordinance but not the loading/unloading zone ordinances, seconded by Mrs. Evans and carried unanimously.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE 2 TURN CONTROL DAY STREET INTERSECTION WITH ANDERSON STREET AND MAXWELL STREET.  ORDINANCE NO. NS1983-29.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1983.
8.	Consideration of Middle Road improvements - Report from Streets, Roads and Transportation Committee.
	Rev. Johnson, Chairman of the Committee stated the committee had decided to bring this matter back for consideration of two proposals.  The City Engineer bad provided estimates for the two types of construction costs being considered for repaving the 1,250 feet of Middle Road, which had recently been removed for sanitary sewer reconstruction.
	Option No. 1 - For repaving the two lanes to be the same width as the north end - $24,000.
	Option No. 2 - For repaving four lanes with the drainage and curbs and gutters - $135,000.
	City Engineer Bennett was then called upon for additional information, which he provided.
	Following some discussion, Rev. Johnson offered motion that Middle Road be reconstructed as a two lane with curb, gutter, and drainage, motion seconded by Mrs. Evans.
	There was then some further discussion, during which time Mrs. McLaurin, a resident of the area and another resident were recognized with comments.  Rev. Johnson then withdrew his motion.
	Rev. Johnson then offered motion that we follow option no. 1 as stated, seconded by Mr. Jones and carried unanimously.
	Mayor Hurley then recognized County Commissioner Mary McAllister in the audience.
9.	Consideration of an ordinance to establish a depository for City buildings or other improvement plans.  The recommended action was adoption.
	The City Manager presented this matter and stated the City has experienced considerable inconvenience and difficulty in maintaining City owned buildings, because of the lack of having drawings of the original project.  Difficulty is also experienced in planning modifications of buildings when original construction plans are not available.  When any project has drawings or specifications prepared by consultant Architects or Engineers, the City staff is very seldom able to locate the plans a few years after the project has been completed.  For example, there are no original construction plans available for City Hall, some of the Fire Stations, and some of the Recreation Buildings.
	For the efficient maintenance of buildings, including plumbing, electrical heating and air conditioning facilities, and for planning future modification, it is essential that the City establish a policy to assure “as-built" construction plans and specifications are available.
	We recommend that all contracts for Architectural or Engineering type services include the requirement that a complete set of “as-built" reproducible high quality sepias and a complete set of construction contracts and specifications, including all change orders and agendums be deposited with the City of Fayetteville Engineering Department, a proposed ordinance to accomplish this is recommended.
	Following brief discussion, Mrs. Evans offered motion to follow the foregoing recommendation and adopt the ordinance, seconded by Rev. Johnson and carried unanimously.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 9-15 OF THE CITY CODE, DEPOSITORY FOR OR PLANS AND SPECIFICATIONS OF CITY OWN BUILDINGS AND OTHER IMPROVEMENT PROJECTS.  ORDINANCE NO. S1983-11.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1983.
10.	Consideration of Street Resurfacing Projects for FY 1983-84.  The recommended action was approval.
	The City Engineer presented this matter and provided the list of streets below recommended for resurfacing:
	Spruce Street from Stamper Road to Cherokee Drive, Chesterfield Drive from commerce Street to Ashley Street, Ann Street from Grove Street to Bow Street, Union Street from Mason Street to Rowan Street, Cumberland Street from Ramsey greet to Murchison Road, Cross Creek Street from Campbell Avenue to Russell Street, Langdon Street from Bridge to Murchison Road, Barksdale Drive from Chadwick Drive to end, Kensington Circle from Ramsey Street to Ramsey Street, Village Drive from Fargo Drive to Ireland Drive, Enterprise Avenue from Texfi Plant to Eldorado Road, and Boone Trail from Owen Drive to Village Drive.
	He stated these streets were selected from a much larger list of streets that certainly need resurfacing, but we believe that these 12 streets will provide the best benefit.  The estimated cost is $200,000, which is the budgeted amount for resurfacing.  Upon approval of the list, an invitation will be sent out for bids in the immediate future.
	Mr. Jones suggested, including in the foregoing list, Arsenal Avenue from Highland Avenue to Raeford Road, due to the deplorable conditions and the high traffic.
	The City Engineer stated that this can be added now, if desired.
	Mr. Jones then offered motion to approve all of the foregoing streets for resurfacing, plus Arsenal Avenue from Highland Avenue to Raeford Road, seconded by Mrs. Evans and carried unanimously.
11.	Consideration of adoption of Budget Ordinance Amendment CHANGE 84-2.  The recommended action was adoption.
	The City Manager presented this matter, and stated that these were carryover funds in the Parks and Recreation Department and recommended approval.
	Following brief discussion, Mrs. Evans offered motion, seconded by Mr. Dawkins and carried unanimously for approval.
12.	Consideration of contract form for special services from outside agencies, the recommended action was approval.
	The City Attorney presented this matter and stated the contract is to be used for outside agencies receiving funds from the City.  This contract has been reviewed by Mr. Stancil and Mr. Epps.  It is further suggested, that you authorize the City Manager to sign these contracts since they are one year in duration and subject to annual review through the budget process.
	The format is basically that which has been followed by the Finance Department for quite sometime pursuant the Council policy.  It eliminates one requirement that has been in the policy, that is, a member of the Council shall serve on the Governing Board of the agency.  Based upon previous discussions of this matter at Council meetings, it is recommended that you consider deleting this requirement from your policy.
	Following brief discussion, Mr. Dawkins offered motion to approve the contract form, seconded by Mrs. Evans.
	There was then some further discussion, and following this Mayor Hurley called for a vote on the motion, and it carried unanimously.
13.	City Manager's Reports:
	Discussion of contract for replacement of Kyle House roof.
	The City Manager stated in the 1983-84 budget, Council approved $10,000 for replacement of the Kyle House roof.  This money is allocated under improvements in the Administrative Services Department.  Our intention was to replace the existing slate roof with asphalt shingles, because our estimates for a new slate roof were so high.  An asphalt shingle roof would cost approximately $6,800.00.
	Since approval of the budget, we have consulted with the North Carolina Department of Cultural Resources and their Preservation Specialist.  We have also sought additional proposals on installing a new slate roof.  We have a proposal from Kyle Roofing Company to install a new slate roof for $16,820.  Because this proposal is considerably lower than previous indications for a new slate roof and because the life of the slate roof is three to four times the life of an asphalt shingle roof, we recommend acceptance of the Kyle proposal.  This will require additional funds from some other source, of approximately $7,000.  The City Manager stated the present roof is also leaking.
	Following some brief discussion, Mr. Wofford offered motion for approval of the slate roof, seconded by Mr. McBryde and carried unanimously.
	Council recognized City Attorney Cogswell, who stated he would like to return momentarily to item 8 concerning Middle Road.  He stated that Council adopted a final resolution on paving last May on this matter.  He recommended in view of Council's action tonight, that this Resolution R1983-34 be rescinded.
	Mrs. Evans then offered motion, seconded by Mr. McBryde to rescind Resolution No. R1983-34 pertaining to Middle Road, motion carried unanimously.
14.	Delegations:
	No delegations were present.
15.	Matters of Interest to Council:
A.	Policy Committee Report.
	Mr. Wofford, Chairman of the Policy Committee offered the following report.  He stated the Policy Committee met on July 27, 1983, at 5:30 P.M. to discuss the naming of the Maiden Lane bridge.  The Committee voted unanimously to recommend to the Council that the bridge be named in honor of the memory of former City Councilmember Eugene Plummer, and that an appropriate plague be installed in the bridge honoring Mr. Plummer's memory, and his service to the City.
	The Committee also voted to ask the staff to prepare a draft policy on the memorials to bring back to the committee at a future meeting for consideration.
	Mr. Dawkins then offered motion to follow the foregoing recommendation of the Policy Committee and name the Maiden Lane bridge for former Councilmember Lennox G. Plummer, and that a plague be installed and an appropriate ceremony held and that the family of Mr. Plummer be invited to be present as honored guests, motion seconded by Mrs. Evans.
	Mr. Dawkins then offered comments concerning Mr. Plummer's previous service to the community as a City Councilman for almost a quarter of a century.  He stated he will long be remembered, and especially for his favorite remark that “everyone should be fed from the same spoon".  Mayor Hurley then called for a vote on the motion and it carried unanimously.
	Mr. Wofford then requested input from the Councilmembers concerning the policy on memorials.
	Mr. Wofford then offered motion that the Council make formal request to the Cumberland County Commissioners to hold a referendum with the November general election on the Blue Law, motion seconded by Mrs. Evans and Rev. Johnson suggested that it be included in the request, that the Commissioners be reminded that the Council and Commissioners had agreed to this date previously.  Mayor Hurley then called for vote on the motion and it carried Mr. Jones voting no.
	Mr. Jones then expressed appreciation to City Engineer Bennett on the Middle Road work.
	Mr. Jones then asked City Engineer Bennett if the sidewalk on Grove Street at Eastern Boulevard at the new Hardee's location was required.  The City Engineer replied that this was joint participation according to City policy.
	Mayor Hurley then informed the Council that he and Mr. Dawkins had heard an excellent presentation on Cool Spring by a State Archaeologist.  Mayor Hurley suggested inviting this Archaeologist back to Council's information meeting on June 22 to make the presentation to the Council.
	Mayor Hurley then stated he would entertain a motion to convene into executive session and Mr. McBryde so moved, seconded by Mr. Jones to enter into executive session at 10:00 P.M. to discuss a litigation matter only, motion carried unanimously.
	Council then reconvened into regular session at 10:15 P.M. and Mayor Hurley adjourned this regular session upon motion made and duly seconded.
REGULAR MEETING
MONDAY, AUGUST 15, 1983
REGULAR MEETING
MONDAY, AUGUST 15, 1983
7:00 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Milo McBryde, J.L. Dawkins, Aaron Johnson, Mildred Evans and Jimmie Jones
ALSO PRESENT:		John P. Smith, City Manager
				Roger L. Stancil, Assistant City Manager
				Robert C. Cogswell, City Attorney
	Mayor Hurley called the meeting to order and the invocation was offered by Councilmen J. L. Dawkins.  Following the invocation Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley recognized special guests in the audience, Mr. Dennis Rash, NCNB-CDC Charlotte, NC and Mr. Bobby McCoy, Public Works Commissioner.
	Mayor Hurley also recognized Fayetteville Youth Council representatives, Jan Slattery and Patty Slattery.
	Mayor Hurley stated the City Manager and City Attorney had requested an executive session at the end of this meeting to consider a land transaction and litigation.
	Moving to the regular items of business Mr. Dawkins requested that Consent Item ID be withdrawn from Consent and this was agreeable.
1.	CONSENT:
	Mr. Dawkins then offered motion, seconded by Mr. McBryde and carried unanimously that Consent Items 1A, B, C, and E be approved.
	The Consent Items appear below:
A.	Approval of the minutes of the regular meeting of August 1, 1983.
B.	Denial of the rezoning from R5 Residential District to C1 Local Business District and approval of P2 Professional District or to a more restrictive zoning classification an area located at 208 Cool Spring Street and 309 Hawley Lane.
	AN ORDINANCE AMENDING THE ZONING ORDINANCE TO REZONE FROM R5 RESIDENTIAL DISTRICT TO P2 PROFESSIONAL DISTRICT AN AREA LOCATED AT 208 COOL SPRING STREET AND 309 HAWLEY LANE.  ORDINANCE NO. NS1983-30
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1983.
C.	Approval of the initial zoning to R10 Residential District or to a more restrictive zoning classification an area located on the west side of Carrol Avenue, approximately 150 feet north of Law Road.
	AN ORDINANCE AMENDING THE ZONING ORDINANCE TO INITIAL ZONING TO R10 RESIDENTIAL DISTRICT AN AREA LOCATED ON THE WEST SIDE OF CARROL AVENUE, APPROXIMATELY 150 FEET NORTH OF LAW ROAD.  ORDINANCE NO. NS1983-31.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1983.
	Item D had been withdrawn from Consent.
E.	Adoption of an amendment of Ordinance Number S1983-11.
	AN ORDINANCE AMENDING ORDINANCE S1983-11 OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA.  ORDINANCE NUMBER S1983-12.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1983.
(By way of explanation the City Attorney stated in a memo that at Council's meeting on August 1, 1983, Ordinance Number S1983-11 was adopted, creating a depository for plans and specifications for City owned buildings.  The section number of the City Code assigned to that ordinance was incorrect and should be changed to Section 9-16).  Council then considered Consent Item ID and Mr. Dawkins requested permission to abstain from voting of this matter.   Permission was granted.
D.	Item ID - Conditional approval of the Thomas Wood property in an R10 Residential District for preliminary and final subdivision review located off the south side of Sycamore Dairy Road and at the north end of Regiment Drive.
	Planner Al Mitchell presented this matter and stated that the Planning Board recommended conditional approval.
	There was then a discussion concerning streets in this area and of the possibility of creating a connecting street between Morganton Road and Fort Bragg Road.
	Following this discussion, Mr. McBryde offered motion for conditional approval of the foregoing, seconded by Mr. Jones and carried, Mr. Dawkins abstaining.
2.	PUBLIC HEARINGS:
A.	Consideration of the rezoning from PND Planned Neighborhood District to R5A Residential District and P2 Professional District and from P2 Professional District to R5A Residential District or to a more restrictive zoning classification an area located on the west side of US 401, south of London Road.
	Planner Al Mitchell presented this matter and stated that the Planning Board recommends denial of Tract 1 and 2 to R5A Residential District and approval of Tract 3 to P2 Professional District.
	Council recognized Attorney Herb Thorp for the owners, Sonny Floyd and Sons, the petitioners.
	Council then recognized Mr. Mark Felker, an Ascot resident in opposition and approximately 35 persons stood in opposition to the proposed rezoning.  Mr. Felker requested that Tracts 1 and 2 be zoned R10.
	Mr. Jim Hobbs, a contractor was also recognized on this matter.  A Mrs. Potter, resident of Blythwood Lane was also recognized in opposition.  Mrs. Marge Lechner, an area resident was recognized in opposition.
	Attorney Thorp was then recognized in rebuttal.
	Discussion followed and Rev. Johnson suggested that R10 be designated for the area in question.
	Following some further discussion, Mrs. Evans offered motion to follow the recommendation of the Planning Board, seconded by Mr. Wofford.
	Following some further lengthy discussion, Mayor Hurley called for a vote on the motion and it carried unanimously.
	AN ORDINANCE AMENDING THE ZONING ORDINANCE TO REZONE AN AREA LOCATED ON THE WEST SIDE OF US 401, SOUTH OF LONDON ROAD,  TRACT 1 REMAINING PND, TRACT 2, P2 AND TRACT 3 PND TO P2.  ORDINANCE NUMBER NS1983-32.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1983.
B.	Consideration of modification of the Downtown Redevelopment Loan to “Best-of-Bow".  The recommended action was approval.
	The City Attorney presented this matter and stated this was a remake of the loan due to a change in ownership.  He stated there was no change in the design.   He stated that $120,000 is the amount by appraisal.
	No persons were present for or against the matter.
	Following some discussion Mr. Wofford offered motion to take the appropriate action to modify the plan as outlined by the City Attorney, seconded by Mr. Jones and carried unanimously.
C.	Consideration of the sale of property located at the northwest corner of Hillside Avenue and Hay Street (Haymount School site) at private sale to Fayetteville Progress, Inc. and NCNB Community Development Corporation pursuant to Section 8.23(1)(d) of the Fayetteville City Charter.
	The recommended action was approval.
	The City Attorney presented this matter and stated the sale was to NCNB-CDC.  He stated to Council that the City has the authority to sell.  He stated the property had been appraised at $120,000 by Mr. Robert E. McNeill in January 1982.  He stated this matter had been advertised as required.
	Council recognized Mr. M.J. Weeks for the 700 Haymount Association who requested approval of the sale.
	Council also recognized Mr. Bobby McCoy, a resident of Hillside Avenue who was enthusiastically in favor of the project.
	Council also recognized Mrs. Joan Allen for the Board of Directors of the Olde Fayetteville Association also in favor of the sale.
	There was no opposition present.
	The City Manager informed Council that he and Mr. Weeks had arrived at an agreement for a sidewalk easement on Athens Avenue adjacent to the project.
	Following some discussion, Mr. Dawkins offered motion to approve the sale of the property subject to the sidewalk easement and that the proposed use or redevelopment is reasonably necessary in order to assure development which will have the desired beneficial effect upon neighboring property, the project area and the community as a whole as contemplated by the redevelopment plan and that the proposed use for redevelopment will assure that the property will not remain unused for an unduly long period and will result in a return to the local ad-valorem roles at a substantially earlier date than uses or redevelopment obtainable by other means of disposition.  Motion seconded by Mrs. Evans and carried unanimously.
	Mayor Hurley then stated this was an historic moment in the history of the City.  Mayor Hurley also recognized Mr. Dennis Rash who expressed his sincere appreciation for Council's approval of this matter.
D.	Consideration of the paving pursuant to petition of Post Avenue from Broadview Drive to Myrtle Drive.
	The City Engineer presented this matter and stated that this was by majority petition and that all property owners had been notified and he recommended approval of the paving.
	No persons were present in favor or against this matter.
	Rev. Johnson then offered motion for approval of the foregoing as recommended by the adopting of a resolution, seconded by Mr. Jones and carried unanimously.
	FINAL RESOLUTION REQUIRING THE PAVING OF POST AVENUE.  RESOLUTION NUMBER R1983-44.
	A copy of  the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1983.
3.	PUBLIC WORKS COMMISSION MATTERS:
A.	Consideration of bids received July 27, 1983 for the purchase of 100,000 feet of 260 MIL URD primary cable.
	PWC Manager Muench was recognized on this matter and stated that PWC recommends the low bid by Mill-Power Supply Company in the amount of $93,727.
	Rev. Johnson offered motion to follow the recommendation of PWC and award the bid to Mill-Power Supply Company, seconded by Mr. Wofford and carried unanimously.
	PWC members were then excused from the meeting.
4.	Consideration of award of Contract Number 285 - Traffic Signal Pole Installation; a Downtown Revitalization Project.
	The City Engineer presented this matter and stated the proposed contract is for the erection of mast arm type signal poles previously purchased by the City for installation at Green Street-Bow Street/Maiden Lane, Maiden Lane-Anderson Street, Anderson Street-Old Street, Maiden Lane-Ray Avenue, Ray Avenue-Hay Street, Gillespie Street-Russell Street, Blount Street-Winslow Street/Seaboard Systems Railroad.
	He recommended awarding the bid to Nicholson Electric Company for their bid of $65,167.75 and reserving $71,700 for the project which includes the usual 10% for construction contingencies.
	Following brief discussion, Mr. McBryde offered motion to accept the low bid, seconded by Rev. Johnson and carried unanimously.
5.	Consideration of amendments to Chapter 22, “Personnel" of the Fayetteville City Code.
	The City Attorney presented this matter and stated the ordinance is for the purposes of solving some procedural problems that have been encountered in dealing with the new appeals process in the Personnel Ordinance.  Change No. 1 comes about as a result of a time constraint placed upon the City Manager in rendering a decision on an appeal heard by him.  Change No. 2 comes about as a result of a possible ambiguity.  Change No. 3 will solve a logistics problem more than anything else.  The City Attorney also recommended amending the wording to 5 “working" days to the ordinance.
	Following some discussion, Rev. Johnson offered motion to adopt the ordinance as recommended, seconded by Mrs. Evans and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 22 “PERSONNEL".  ORDINANCE NUMBER S1983-13.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1983.
6.	Consideration of creating a new section 17-21.3 of the City Code concerning hearings to determine revocation or suspension or privilege licenses.
	The recommended action was adoption.
	The City Attorney presented this item and stated that in reviewing the ordinance giving Council the authority to revoke a privilege license he felt that it would be helpful to have set out in the ordinance the procedure to be followed at the hearing.  Basically due process in such a hearing includes (a) notice and specification of the charges; (b) an opportunity to be heard; (c) an opportunity to confront accusers; and (d) an impartial tribunal.  Although these rights would certainly be afforded at the hearing, the proposed amendment would set forth these items listed above that are not already stated in the ordinance.
	There was then considerable discussion of the provisions of this ordinance with Mr. McBryde raising questions on Council's policy making and hearing such matters.
	Following much discussion, Mr. Jones offered motion for adoption of the ordinance as recommended by the City Attorney, seconded by Mr. Wofford and carried unanimously.
	AN ORDINANCE CREATING A NEW SECTION 17-21.3 OF THE FAYETTEVILLE CITY CODE CHAPTER 17 “LICENSES".  ORDINANCE NUMBER S1983-14.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1983.
7.	Consideration of setting public hearings to determine revocation or suspension of privilege licenses:
a.	Club 21 - 513 Hay Street; and
b.	Rick's Lounge - 471 Hay Street
	The City Attorney presented this matter and stated that pursuant to Section 17-21.2 of the City Code I am of the opinion that the attached documents are of sufficient basis for Council to set public hearings for Club 21 - 513 Hay Street, and Rick's Lounge - 471 Hay Street.
	There was then a very lengthy discussion on this matter with questions being raised by the City Council of the City Attorney and of his interpretation of the laws and ordinances governing these matters.
	Following this discussion, Mr. Wofford offered motion to set public hearings for Club 21 - 513 Hay Street and Rick's Lounge - 471 Hay Street for Monday, September 12, 1983 at 7:00 p.m., in the Council Chamber.  Motion seconded by Mr. Jones and carried, Mr. McBryde voting no.
8.	APPOINTMENTS:
A.	Nominations to fill one vacancy on the Fayetteville Metropolitan Housing Authority.
	Mayor Hurley stated that this was a mayoral appointment and appeared on the agenda by error.
B.	Nominations to fill two vacancies on the Senior Citizens Advisory Commission.
	Mr. Jones nominated the incumbents Mrs. Sylvia Allen and Mrs. Fannie Thomason and Mayor Hurley stated the election of these nominees would be considered at the next meeting.
9.	CITY MANAGER'S REPORTS:
A.	Discussion of proposed Loading Zone on Anderson Street.
	The City Manager stated that this matter had been discussed at a prior meeting and called on the City Engineer for a report.
	The City Engineer stated that at the prior meeting a loading zone had been requested by Coleman Sporting Goods at the corner of Anderson and Old Streets.
	Mr. McBryde stated that he had discussed this matter with the store owner and other businessmen today on the placement of such a loading zone.  He stated the firm was in agreement with a loading zone at the corner of Anderson on Old Street and that the loading zone behind the Capitol Department Store be removed.
	There was then some discussion of this matter and of the parking on Anderson Street between Hay Street and Old Street and the City Engineer requested and there was no objection raised to changing the angle of parking on Anderson Street to relieve congestion.
	Following this discussion, Mr. McBryde offered motion to establish a new loading zone on the south side of Old Street, corner of Anderson Street and eliminate the existing loading zone on the south side of Old Street near the Capitol Department Store.  Motion seconded by Mr. Jones and carried unanimously.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE TRAFFIC SCHEDULE NUMBER 10 - LOADING AND UNLOADING ZONES - OLD STREET.  ORDINANCE NUMBER NS1983-33.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE TRAFFIC SCHEDULE NUMBER 13 - PARKING ZONES - OLD STREET.  ORDINANCE NUMBER NS1983-34.
	Copies of the foregoing ordinances are on file in the Clerk's Office in Ordinance Book NS1983.
	The City Attorney then presented a tax foreclosure matter and stated that from time to time in the process of collecting delinquent taxes and assessments the property owner will offer to deed the property to the City because the amount of back taxes and/or assessments is worth more than the value of the property.   This would save my office considerable time and expense but on the other hand it would add to the growing list of surplus property that is taken off the tax roll.  I have refrained from accepting these offers in the past because of the increase it would make in our surplus property holding.  However, because of the savings to my office and alternatively the City (when I know that the City will require the property anyway through foreclosures) it is requested that the Council consider introducing a policy regarding these situations.  I would like to suggest that this be referred to the Policy Committee for discussion.
	Following some discussion, Mrs. Evans offered motion that the City Attorney be allowed to accept deeds for property when offered to the City in lieu of delinquent taxes, seconded by Mr. Jones.
	Following some further discussion, Rev. Johnson offered substitute motion that the Council require a written resolution concerning this matter for consideration at the next meeting, seconded by Mr. Wofford and carried, Mr. Jones voting no.
10.	DELEGATIONS:
A.	Request from Mrs. Sallie Council for improvements on Stanberry Court.
	The City Manager stated that Mrs. Council was not present and information would be presented concerning this at the next meeting.
	Council then recognized Mr. Clinton Harris, a local citizen who offered comments on Council's action on the privilege license matter this evening.  He stated in his opinion that there was the need for a board or commission to act on these matters.
	Mayor Hurley thanked Mr. Harris for his remarks.
11.	MATTERS OF INTEREST TO COUNCIL:
	Mr. Wofford stated concerning the referendum on the blue law he hoped the Cumberland County Commissioners would consider the request by City Council's letter to change the date of this referendum.  Meanwhile he suggested that the City Manager instruct the Police Department to strictly enforce the blue law so that the citizens will know what the law means.  The City Manager replied that he would discuss this with the Chief of Police but reminded Council that these incidents were received by individual complaints.
	Mr. Dawkins raised the question of traffic lights along Hay Street, in particularly at Maxwell and Hay Street where the light along some sections of the street appear over head and then on the side at the corners.  He stated he had observed motorists making turns against one way streets and running red lights because of this.
	The City Engineer replied that this problem will be changed with the beginning of construction of the Hay Street Mall.
	Mr. Dawkins expressed appreciation to the City Engineer for the repairs along Franklin Street at the railroad.
	Rev. Johnson raised questions on the attendant parking lots and the City Manager replied that this is being studied and that a recommendation will be forth coming at the next meeting.
	Mayor Hurley informed Council that he had received a call from Mrs. Virginia Thompson, Chairman of the Cumberland County Commissioners and that she had poled the Commissioners and their response to changing the referendum date on the blue law was not favorable.  They are still keeping to the October 11, 1983 referendum she stated but this may change at tonight's meeting of the Commissioners.
	Mayor Hurley informed City Engineer that the railroad crossing at Russell Street needed attention and the City Engineer replied that it is being repaired.
	Mr. McBryde then offered motion at 9:30 p.m. that Council enter into an executive session to consider land transactions and litigation only, seconded by Mr. Dawkins and carried unanimously.
	Council then reconvened into regular session at 9:45 p.m.
	Mayor Hurley reminded the Council members of the press conference at 9:30 a.m. at the Kyle House tomorrow morning to announce the 700 Haymount Development Project and encouraged all Council members to be present.
	Council then recognized the City Manager who recommended that the City purchase the Eloise Jenkins property behind the former County Court House Annex for $38,200, subject to a title search by the City Attorney.
	Mr. Dawkins offered motion, seconded by Mr. McBryde and carried unanimously to authorize the City to make the foregoing purchase as recommended.
	Mayor Hurley then adjourned this regular session at 9:47 p.m. upon motion made and duly seconded.
	Mayor Hurley then announced after the adjournment of the meeting that he had received word that the Cumberland County Commissioners had set the referendum on the blue law for December 13, 1983.
SPECIAL MEETING
MONDAY, AUGUST 22, 1983
FAYETTEVILLE CITY COUNCIL
SPECIAL MEETING
CITY HALL COUNCIL CHAMBERS
MONDAY, AUGUST 22, 1983
7:00 P.M.
Present:	Mayor John W. Hurley
		Councilmembers Milton Wofford, Milo McBryde, J.L. Dawkins, Mildred Evans, Jimmie Jones
		John P. Smith, City Manager
Roger L. Stancil, Assistant City Manager
Robert C. Cogswell, Jr., City Attorney
Absent:	Councilmember Aaron Johnson
	Mayor Hurley called the meeting to order and offered the invocation.
	The first item to be considered was the motion made August 15, 1983 setting public hearings concerning Rick's Lounge and Club 21 for September 12, 1983.  City Attorney Cogswell first outlined how the motion made at the August 15 meeting should be restated.  He then discussed with City Council additional information on the ordinance and the public hearing.  He then advised Council not to proceed with the public hearings on September 12 because of what he considered to be a weak legal position if a suit were brought challenging their actions.  Upon motion by Councilmember Evans, seconded by Councilmember Wofford, Council voted to rescind their motion of August 15 setting the public hearing for Rick's Lounge and Club 21 with Councilmember Jones voting in the negative. 
	City Council next heard a presentation from Rosalie Kelly and Tom Funk on the proposed Cool Springs Restoration.  City Council asked City Manager Smith to prepare appropriate information and recommendations for their consideration at the September 6 meeting.
	City Manager Smith then presented the proposed Five Year Capital Improvements Program.  This presentation included the concept and process involved in the development of the CIP.  He also suggested that the Council might wish to set another information meeting in September to discuss in more detail the projects included in the Capital Improvements Program. 
	There being no further business, the meeting was adjourned.
REGULAR MEETING
TUESDAY, SEPTEMBER 6, 1983
REGULAR MEETING
TUESDAY, SEPTEMBER 6, 1983
7:00 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers:  Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans, and Jimmie Jones
ALSO PRESENT:	John P. Smith, City Manager
			Roger L. Stancil, Assistant City Manager
			Robert C. Cogswell, City Attorney
	Mayor Hurley called the meeting to order at 7:00 P.M. and the invocation was given by Councilman Jones.  Following the invocation, Mayor Hurley lead the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley recognized Fayetteville Youth Council Representative Peggy Blackwell.
	Mayor Hurley then presented a certificate of appreciation to Mr. Cyrus P. Earnhardt for his many years of dedicated service, on the Airport Commission.
	Mayor Hurley stated that the City Attorney has requested an Executive Session at the end of this meeting to consider litigation.
	Councilman Johnson recognized Mr. Robert B. Butler, member of the Public Works Commission and former Mayor.
	Councilman Dawkins commented on the recent tragedy of the Korean Airline that was destroyed by the Soviet Union, and asked for, and urged everyone to pray for America.
	Moving to items of business, Councilman Wofford requested that consent item 1H be withdrawn from consent and this was agreeable.
	Councilman Dawkins requested that consent item 1I be withdrawn from consent so that he could abstain from voting and this was also agreeable.
	Councilman Johnson asked that the minutes of the special meeting of Monday, August 22, 1983 reflect his reason for not being present.  Be reported that he had to attend a Revival that night.  Councilman Johnson suggested that in the future when a Councilmember reports he will not be at a meeting, that the reason should be reflected in the minutes.
1.	CONSENT:
	Councilman Wofford then offered motion, seconded by Councilman McBryde and carried unanimously, that consent items IA, B, C, D, E, F, G, J, and K be approved.  The consent items appear below:
A.	Approval of the minutes of the regular meeting of August 15, 1983.
B.	Approval of the minutes of the special meeting of August 22, 1983.
C.	Set public hearing for October 3, 1983 to consider a resolution to file and publish preliminary assessment for the paving of Cross from western line of Plat Book 8 Page 31 to the eastern line of Plat Book 8 Page 31.
	PRELIMINARY RESOLUTION TO FILE AND PUBLISH ASSESSMENT ROLL FOR THE PAVING OF CROSS STREET.  RES. NO. R1983-45.
	A Copy is on file in Resolutions Book R1983.
D.	Set public hearing for October 3, 1983 to consider an ordinance to amend the Fayetteville Subdivision Ordinance by recreating Section 27-10(g)(6) of Article II “Minimum Standards of Design".
E.	Election of nominees previously made to fill two vacancies on the Senior Citizens Advisory Commission.  Mrs. Sylvia Allen and Mrs. Fannie Thomasson to two year terms of office each to run to September 1985.
F.	Authorize Mayor to execute grant agreement with FAA in the amount of $178,906 for installation of two escalators and incidental terminal building modifications.
G.	Authorize award of weapon and badge to Officer Claude L. Rivers upon his retirement in accordance with the adopted City policy.
H.	Item H had been withdrawn from consent.
I.	Item I had been withdrawn from consent.
J.	Conditional approval of Eutaw Shopping Center in C(1)P Shopping Center District for preliminary and final plan revision located on Elm Street.
K.	Conditional approval of the Spears Office Building in a C(1)P Shopping Center District for preliminary and final review located on the west side of Ravenhill Road approximately 900 feet north of Raeford Road.
H.	Council then considered consent item IH, consideration of the rezoning from C-3 Heavy Commercial District and R6 Residential District to M-2 Industrial District or to a more restrictive zoning classification, an area located on the southeast side of Pamalee Drive (US 401 By-Pass) about 835 feet from Murchison Road.  The recommended action by the Planning Board was to deny request for rezoning to M-2 Industrial District from C-3 Heavy Commercial District and R6 Residential District and approve C-3 Heavy Commercial District zoning for the entire tract.  Councilman Wofford asked the staff and other Councilmembers if they thought that it might not be wise in the cases of rezoning to consider those as they come up, without just a flat approval, especially where there is a contested rezoning.  Planner Al Mitchell explained that the Planning Board held a public hearing and the members voted unanimously to deny the rezoning to M-2 Industrial District and approval of C-3 Heavy Commercial District for the entire tract.  He further stated that the applicant had 10 days after the decision of the Planning Board in which to file an appeal and he did not.   Therefore, according to the ordinance, this item goes to Council without a public hearing, and all that is required is action on the Planning Board recommendation.  Mr. Mitchell further explained that had the Planning Board's decision been appealed, then it would be advertised and another public hearing would be held.
	Councilwoman Evans asked Mr. Mitchell if the applicant had been informed of the appeals procedures.  Mr. Mitchell stated that at the beginning of all hearings the City's policy is stated in a clear statement and in addition to that, there is a sign in the hallway that explains the entire policy.  He further stated that there is also an appeal form downstairs by the doorway that could be filled out immediately following the meeting.
	Councilwoman Evans then made a motion to follow the Planning Board recommendation to deny the rezoning to M-2 Industrial District and approval of C-3 Heavy Commercial District for the entire tract.  Councilman McBryde seconded the motion which carried unanimously.
	AN ORDINANCE AMENDING THE ZONING ORDINANCE.  ORDINANCE NO. NS1983-35. A copy is on file in Ordinance Book NS1983.
	Mr. Smith, then explained to the Council his procedure for determining Planning Board consent items on the agenda.  He stated that if the recommendation is a staff recommendation and it is also a unanimous decision by the Board members, then he will place this item under consent on the agenda.
	Councilman Dawkins stated his concerns about not receiving Planning Board minutes on a timely basis.
I.	Approval of the initial zoning to R10 Residential District or to a more restrictive zoning classification an area located between Sugar Cane Circle and Damascus Road (SR 1415) south of Sycamore Dairy Road (Yadkin Road).  Councilman Dawkins requested permission to abstain from voting on this matter.  Permission was granted.
	Councilwoman Evans offered a motion of approval of as presented, seconded by Councilman Wofford and the vote was carried, with Councilman Dawkins abstaining.
	AN ORDINANCE AMENDING THE ZONING ORDINANCE TO INITIALLY ZONE R10.  ORDINANCE NO. NS1983-36.
	A copy is on file in Ordinance Book NS1983.
2.	PUBLIC HEARINGS:
A.	Consideration of a Downtown Redevelopment Loan to Theodore O. Rhodes, and Susan S. Rhodes.
	Mr. Cogswell presented this item and recommended approval.  No persons were present for or against the matter.
	Councilman McBryde offered motion to approve this loan to the Rhodes, seconded by Councilman Dawkins and carried unanimously.
	Councilman Dawkins asked if anyone knew the fee situation on this matter.  Horace Thompson, Chairman of the Revitalization Commission, answered by saying that Fayetteville Progress gets 2% and the City gets 3%.
3.	PUBLIC WORKS COMMISSION MATTERS:
A.	Consideration of Amendment Number 1 to PWC Budget for fiscal year ending June 30, 1984.  PWC Manager Ray Muench was recognized on this matter and explained this item.  Councilman Wofford asked about the matter of the increase in the Commissioners salaries.  He stated that he did not question the need for this increase only that his concern was with the fact and he did not see any disclosure of the administrative overhead of the Commission.  He stated he would like to see this increase in next years budget.
	Mr. Muench stated that the Commissioners felt that an increase in salary should be approved by the City Council, rather than directly from the budget.
	After further discussion, motion was offered by Councilwoman Evans to approve the Amendment #l to the PWC budget as presented.  The motion was seconded by Councilman Jones and the vote was unanimous.
B.	Consideration of approval of a $390,000 increase in capital expenditures associated with the purchase of LaFayette Water Corporation.
	After some discussion, Councilman Johnson offered motion to approve the recommendation of PWC to approve a $390,000 increase in capital expenditures associated with the purchase, and to authorize the Mayor and City Clerk to execute the contract.  The motion was seconded by Councilman Dawkins and carried unanimously
C.	Consideration of approval of the proposed purchase of the Brookwood Water Company system serving 1,089 customers in Pine Ridge, Rosewood, Tiffany Pines, Rollingwood, Carvers Falls area, North Point Village and University Estates Subdivision at a purchase price of $272,250.
	Mr. Muench presented the matter and following some discussion, Councilman Johnson raised questions regarding water companies and the City's future with regard to annexation.  Mr. Cogswell stated that eventually the City probably would have to purchase other water companies as annexation grows.
	After lengthy discussion, Councilwoman Evans offered a motion to follow PWC's recommendation to approve the purchase of the Brookwood Water Company at a purchase price of $272,250.  The motion was seconded by Councilman McBryde and the vote was unanimous.
D.	Consideration of bids received August 16, 1983 for the purchase of electric cable and switching cabinets.
	After some discussion, Councilman McBryde made a motion to approve PWC's recommendation to award the bid of the electric cable to Power and Telephone Supply Company, the low bidder at $2,880.70.  The motion was seconded by Councilman Jones and the vote was unanimous.
	Councilman McBryde, then made a motion to approve PWC's recommendation to award the bid of the switching cabinets to the low bidder, Mill-Power Supply Company at $9,493.00.  This motion was seconded by Councilman Dawkins and carried unanimously.
	PWC members were then excused from the meeting.
4.	PLANNING BOARD MATTERS:
A.	Consideration of the Arch-Mason Street Plan reevaluation.
	Mr. Mitchell presented this item and added that the Planning Board recommends approval of this change to the CHNMB plan by approving the designation of the entire block as commercial/office-retail.
	Councilwoman Evans offered a motion to follow the recommendation of the Planning Board by adopting a resolution.  The motion was seconded by Councilman McBryde.
	Following some lengthy discussion, Mayor Hurley called for a vote on the motion and it carried 6-1 with Councilman Wofford voting no.
	RESOLUTION ARCH-MASON PLAN REEVALUATION.  RESOLUTION NO. R1983-46.
	A Copy is on file in Resolution Book No. R1983.
5.	Consideration of Cool Spring Restoration Project.
	Mr. Smith presented this item to Council and stated that the project will be broken into three phases with Phase I being the archaeological field work.  He stated that the estimated cost to Phase I is $2,500.00 and will last for approximately three months.  Mr. Smith said that Mr. Little is planning a car raffle to run until around Thanksgiving and other funding sources will also be sought for Phase II and III.  Mr. Smith recommended:
	1)	The City appropriate $7,500 to get Phase I started;
	2)	The City be the contracting agency and authorize the City Manager to execute necessary contracts for the project;
	3)	The City agreed to accept the property for inclusion in the Cross Creek Parks system.
	Councilman McBryde then made a motion to approve the recommendation made by the City Manager.  The motion was seconded by Councilwoman Evans.  Councilman Wofford suggested that PWC should participate in the removal of the sewer line at the appropriate time.  After some discussion, Councilman McBryde decided to amend his motion to include the stipulation that PWC remove the sewer lines at the appropriate time.  The vote was unanimous.
6.	Consideration of a gift of property located adjacent to the City Engineering Building from Mr. Lawrence Blackwood.
	Councilman Jones made a motion to accept this property from Mr. Blackwood.  The motion was seconded by Councilwoman Evans and carried unanimously.
	Councilman Johnson suggested that a thank you letter be sent to Mr. Blackwood.
7.	Consideration of Budget Ordinance Amendment CHANGE 84-3 and Capital Project Ordinance Amendment CHANGE 84-1 (CAP-17).
	Mr. Smith presented this item to Council and stated that this budget ordinance cover several items, one being the $7,500 appropriation just made to the Cool Spring project.  Also it covers the contract approved at an earlier meeting to put a slate roof on the Kyle House at a cost of $16,820 with $6,820 to be taken from Council contingency.  It also covers the purchase of a motor grader which will require $65,300 from the Street Reserve Fund.  This budget ordinance amendment also includes a transfer of $16,500 from the Honeycutt Recreation Center Project Reserve which is currently being carried in fund balance, to the Savoy Heights project.
	Councilwoman Evans then made a motion to adopt the Budget Ordinance Amendment Change 84-3 and Capital Project Ordinance Amendment Change 84-1 (CAP-17) as recommended by the City Manager.  The motion was seconded by Councilman Jones and the vote was unanimous.
8.	Consideration of award of bid for Motor Grader.
	Mr. Smith presented this item to Council and agree with Mr. McGugan's recommendation that the award of this bid be made to the low bidder, North Carolina Equipment Company, Raleigh, North Carolina in the amount of $65,300.
	Councilman Dawkins made a motion to following the recommendation made by Mr. McGugan in a memo to Mr. Smith.  The motion was seconded by Councilman Jones and carried unanimously.
9.	Consideration of award of bid for front and rear loader garbage trucks.
	Mr. Smith presented this matter to Council and recommended that the bid for Two (2) New Rear Loaders be made to the low bidder, Simpson Equipment Corporation, Wilson, North Carolina in the amount $162,088.  He further recommended, that the bid for One (1) New Front End Loader be made to the second lowest bidder, Kabco, Inc.,  Raleigh, North Carolina in the amount of $92,278.  He stated that the reason for not recommending the low bid is due to the fact that they did not meet the requirement of the bids specification nor did they comply with general condition #7 of which requires the bidder to note all exceptions to specifications on the bid form.  Mr. Smith explained that the first low bidder did note that the size was not what the specifications required, but to except this as responsive would be to the detriment of the other bidders.
	Councilman McBryde made a motion to award the bid to Simpson Equipment Corporation for the purchase of Two New Rear Loaders, and to award the bid for the One New Front End Loader to Kabco, Inc. The motion was seconded by Councilman Johnson and the vote was unanimous.
10.	Consideration of award of contract for construction of Savoy Heights Recreation Center.
	Mr. Smith explained this contract to the Council and concurred with the recommendation of the Recreation and Parks Advisory Commission,  that the award be made to the low bidders.
	Motion was made by Councilman Dawkins to follow the recommendation made by the Recreation and Parks Advisory Commission and the City Manager.  The motion was seconded by Councilwoman Evans and was carried unanimously.
	The Council then took a five minute break.
11.	Consideration of amendments to the following Traffic Schedules:
A.	Traffic Schedule Number 1 - “Bus Stops"
B.	Traffic Schedule Number 6 - “Stop Intersections"
C.	Traffic Schedule Number 11 -“Parking Prohibited"
D.	Traffic Schedule Number 14 - “Yield Intersections"
	Council recognized the City Engineer who presented this item and stated that the first of four proposed changes to Traffic Schedules is concerning a bus stop on the northside of Person Street and immediately east of Cool Spring Street.  He stated that there has been a bus stop there for many years, but it has been unordinanced,  and the Council discussed the problems of parking zones along Person Street some time ago and the next step is to suggest something to clear up those parking places on Person Street.  Item No. 1 is establishing officially the parking zone that is already existing.  Immediately east of that point, is a previously ordinanced two hour parking zone.  The other step is ordinancing no parking at the corners of Cool Spring Street where the bus stop is,  immediately west of Cool Spring and also for some years, there has been a right turning movement on Person Street onto south Cool Spring Street, then a short no parking area, proposed immediately east of Cool Spring Street.  Then there is a no parking area previously established in front of the Greyhound Bus Terminal and that is what this represents.  That takes care of schedules 1 and 11.
	Traffic Schedule Number 6 needs two corrections in Section 3 under Schedule Number 6 - “Stop Intersections" Alfred and Carol Streets should be struck off the list.  Mr. Bennett recommends adopting the ordinance with those deletions.
	Then there is one change under Section 2 under Schedule Number 14 - “Yield Intersection" that should be a stop intersection.
	Councilman Dawkins then made a motion to adopt the City Engineer's recommendations with the above changes.  The motion was seconded by Councilman McBryde and the vote was unanimous.
	The Ordinance Titles appear below.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE NUMBER 1 - “BUS STOPS". ORDINANCE NO. NS1983-37.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE NUMBER 6 - “STOP INTERSECTION".  ORDINANCE NO. NS1983-38.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE NUMBER 11 - “PARKING PROHIBITED".  ORDINANCE NO. NS1983-39.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA SECTION 20-106	OF THE CITY CODE, TRAFFIC SCHEDULE NUMBER 14 - “YIELD INTERSECTIONS". ORDINANCE NO. NS1983-40.
	A copy of the foregoing ordinances are on file in the Clerk's Office in Ordinance Book NS1983.
12.	Consideration of adoption of Capital Project Ordinance CAP 84-1 (Street Resurfacing) and award of resurfacing contract #06-289-83 to Crowell Constructors, Inc.
	Council recognized Mr. Smith, who pointed out that the low bid based on unit price is $204,000.  The amount originally budgeted for street resurfacing was $200,000.  He then recommended that we establish a project ordinance with $225,000 in it and make an internal budget change which will transfer $25,000 from what was originally allocated for petitioned streets, to bring that from $250,000 to $225,000.  He added that change could be done administratively, but the Capital Project Ordinance has to be adopted.
	Councilwoman Evans made a motion to adopt the Capital Project Ordinance CAP 84-1 on street resurfacing on contract number 06-289-83 to Crowell Constructors, Inc., the low bidders.  The motion was seconded by Councilman McBryde and carried unanimously.  Councilman Dawkins then recognized Billy Cannon, a Boy Scout who is working on a merit badge.
13.	Consideration of City Contract Number 07-290-83 - Street Tree Planting - Maiden Lane and Ray Avenue.
	Mr. Bennett reminded the Council of the downtown plan that called for street plantings and provided along with the construction of Maiden Lane and Ray Avenue between Maiden and Hay, areas between the street curb and sidewalk for plantings.  The project is for planting trees on Maiden Lane between Anderson and Ray Avenue on both sides of the street, along with a second row of trees behind the sidewalk on the parking lot side abutting the City's two parking lots.  It also includes trees along the railroad side of Ray Avenue.
	Councilman McBryde offered motion to award the contract number 07-290-83 to the low bidder, Butler - Walters Landscaping, Inc. of Fayetteville in the amount of $46,949.50.  The motion was seconded by Councilman Dawkins and carried unanimously.
14.	Consideration of a resolution authorizing Condemnation of rights-of-way for West Street project.
	Mr. Bennett reported that several months ago the Council approved the opening of West Street into Whitfield Street in response to a request from the residents and a commercial facility abutting the proposed street.  He reported that the project is underway, however some right-of-way is needed from one property owner and he fails to respond to written correspondence and phone calls.  Therefore, the only way for the City to proceed with the project is to adopt the Condemnation Resolution.
	Councilman McBryde made a motion to adopt the resolution.  The motion was seconded by Councilman Wofford and carried unanimously.
	RESOLUTION AUTHORIZING CONDEMNATION OF RIGHT-OF-WAY FOR WEST STREET PROJECT.  RESOLUTION NO. R1983-47.
	A copy of the foregoing resolution is on file in Resolutions Book R1983.
15.	Consideration of adoption of policy regarding receiving deed in lieu of foreclosures.
	Mr. Cogswell reported that there will basically be two requirements.  One, that the City Engineer and the City Attorney certify in writing to the City Manage that for any outstanding unpaid taxes or special assessments, the receipt of the deed will not be detrimental to the best interest of the City of Fayetteville and two, that the property shall not be resold expect in accordance with the provisions of NCGS 105-376.
	Councilman Wofford raised a question regarding the possible liability of the City to pay any back taxes to the County.  After some lengthy discussion, Mr. Cogswell explained that once the property is acquired by the City it is written off the tax books and therefore, no taxes are due.
	Councilwoman Evans made a motion to follow the recommendation of the City Attorney to adopt the City Council policy on deeds in lieu of tax book foreclosures.  The motion was seconded by Councilman Jones and the vote was unanimous.
16.	CITY MANAGER REPORTS:
	The City Manager informed the Council that Captain Bill Joyner, Director of the City-County ID Bureau has had surgery and is having complications.  He asked that everyone remember him in their prayers and he added that Captain Joyner is in Highsmith Rainey Hospital.
17.	DELEGATIONS:
	Request from Mr. John L. Foye, President of the 71st Branch of the NAACP to appear before Council to discuss “Discriminatory action occurring in the Fayetteville Police Department" and to seek clarification on the Officer Cecelia E. Gray matter.
	Mr. Foye appeared before Council and stated he would return at a later date.
	The Mayor reminded the audience that the City Council is restricted from discussing personnel matters in public, due to the Privacy Act.  Copies of a letter sent to Mr. Foye from the City Manager explaining this were given to interested persons in the audience.
18.	MATTERS OF INTEREST TO COUNCIL:
	Councilman Wofford raised question on cablevision.  In October, 1982 Hope Mills had asked for help.  In November, Council voted to establish a working committee to study.  What is status at this time.
	City Manager stated that he had met twice with Mr. Reid, Freeman and Perkins to discuss.  It was determined at the time that Hope Mills would attempt to negotiate a franchise with Fayettevilles to establish a joint future franchise in future.  A study project had also been funded in the budget.  Rev. Johnson suggested having cable representatives come before Council.  The City attorney provided some information on proposed new services.  The matter was discussed at some length.
	Mr. Wofford stated he had received complaints about conditions of sidewalks.  He suggested that the City Engineer do a survey to determine real extent of the problem.
	Councilman McBryde stated there are two signs down on Hay St. - 212 and 238 and requested the City Engineer to check.
	Councilman Dawkins stated there are weeds on traffic islands in the City, Broadfoot Avenue and Morganton Road, and Cliffdale Road and Morganton Road.  The City Engineer was requested to check and contact the State on their responsibility.
	Councilman Johnson expressed comments on the Police Department.  He stated he had received a large number of calls.  He also suggested that citizens be informed of our faith and confidence in the Department.  He mentioned public relations.  He suggested that the City Manager do whatever is necessary to improve the image of the Department.
	Councilwoman Evans, on a happier note, wished everyone “L'Shono Tob-O", a healthy and Happy New Year concerning the upcoming Jewish New Years beginning Wednesday night.
	Councilman Jones stated he would meet in Wilmington tomorrow to try to get some funds for our senior citizens.
	Mayor Hurley thanked Officer Burton Hyde, of the Police Department for being with us tonight.
	Mayor Hurley suggested that the City should have an opportunity to get involved in a fund raising effort for the Statue of Liberty restoration effort.  He requested any ideas on the matter so the City could do its part.  Mr. McBryde then moved, seconded by Councilman Dawkins to enter into executive session to consider litigation only at 9:28 P.M.
	Council reconvened into regular session at 9:42 P.M.
	The City Attorney recommended that we retain the firm of Deutsch Glass and Brooks, of Boston, Massachusetts to pursue our claim against Meadowbrook Enterprises with a retainer of $2,500 for the bill of $95 per hour.
	Councilman McBryde then offered motion, seconded by Mr. Wofford to follow recommendation of the City Attorney in the foregoing matter.  Motion carried unanimously.
	Meeting was then adjourned at 9:43 P.M. upon motion made and duly seconded.
REGULAR MEETING
MONDAY, SEPTEMBER 19, 1983
FAYETTEVILLE CITY COUNCIL
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
MONDAY, SEPTEMBER 19, 1983
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 the Rev. Martha Davis, Associate Pastor of Evans Metropolitan AME Zion Church, offered the invocation.  Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley recognized Fayetteville Youth Council Representative Peggy Blackwell.
	Mayor Hurley then recognized the first Little Miss Dogwood, Farah Edwards, age 6, and presented a token of appreciation to her.
	Miss Fayetteville, Francesca Adler, was also recognized and was presented a token of appreciation by the Mayor.  Miss Adler gave each Councilmember a program from the last Miss Fayetteville Pageant and stated how proud she is to be representing Fayetteville.  Miss Adler invited everyone to attend the Miss Fayetteville Dogwood Festival on April 14.
	Mayor Hurley thanked Mrs. Kathryn Zollars for her work in promoting the Miss Fayetteville Pageant and recognized the parents of Little Miss Dogwood who were present in the audience.
	City Manager John Smith introduced Gerald McPhail, Administrative Assistant to the City Manager, working under an internship program while completing his Masters in Public Administration at UNC-Chapel Hill.
	Mr. Smith then requested that the bids on the roll-out carts that had been sent out under separate cover be taken up under Item 4 on the Agenda.
	Mayor Hurley stated that there was a request by Mr. Smith and himself for an executive session to discuss personnel matters after the regular meeting and that the City Attorney requested a litigation matter to be discussed during this session.  Councilmember Evans then requested that Item 9 be held until after the executive session.
	Councilmember McBryde requested that he be able to abstain on Item 10 due to a possible conflict in the future.
	Councilmember Jones stated that in view of possible conflict of interest since he is serving as a Director on Region M, he would like to have the opportunity to abstain unless there is no conflict.  Council advised him that there was no conflict.
1.	Consent:
	Councilmember Johnson requested that Item “D" be withdrawn for discussion.
	Councilmember McBryde offered motion to approve Items A, B, and C under the consent agenda, seconded by Mr. Dawkins and carried unanimously.
A.	Approved minutes of the regular meeting of September 9, 1983.
B.	Set public hearing for October 17 to consider a resolution requiring the paving pursuant to petition of Grady Street from Hamlet Street to the easternmost corner of Lot 1, Block “F", Plat Book 10, Page 64, Cumberland County Registry and Hamlet Street from Grady Street to the easternmost corner of Lot 11, Block “D", Plat Book 10, Page 64, Cumberland County Registry.
C.	Authorized City Manager to execute Grant Agreement with Region M Council of Governments for funds to be used for operation of the Senior Service Center.
	PRELIMINARY RESOLUTION REQUIRING THE PAVING PURSUANT TO PETITION OF GRADY STREET AND HAMLET STREET.  RESOLUTION NO. R1983.
	A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1983.
1D.	Council next considered Consent Item 1D as requested by Councilmember Johnson, which was to conditionally approve preliminary and final subdivision review of the P.M. Williams and D.J. Dudley property in a C3 Heavy Commercial District located on the south side of Shaw Road east of Murchison Road.
	Planner Al Mitchell presented this matter and stated that Planning Board recommends conditional approval.  Councilmember Johnson asked if this property is a trailer court.  Mr. Mitchell responded that the front part is zoned commercial and will not be a trailer park.
	Councilmember Johnson offered motion to conditionally approve Item 1D as requested, seconded by Mr. Dawkins and carried unanimously.
2.	Mayor Hurley recognized Roger Stancil, who then introduced another new staff member, Terry Bellamy, Transportation Planner.  Mr. Stancil then presented the Downtown Parking Recommendations which were initiated by the Transportation Management Team.  They developed a set of short-range recommendations that they felt would eliminate some of the immediate parking problems downtown and formulated plans for more long-range solutions.  Mr. Stancil stated that these recommendations were endorsed by the Fayetteville Revitalization Commission and the Olde Fayetteville Association.
	They are also working on the following long-range programs that will increase the effectiveness of downtown parking:
	1.	A downtown shuttle operated by the Transit Department with short headways and a reduced fare to provide easy access to Hay Street from parking in the outlying areas;
	2.	A prominent signage program that will make it easier for shoppers to find parking lots; and
	3.	Consideration of actions to be recommended concerning Lot #10 behind the Prince Charles Hotel.
	A copy of the Downtown Parking Recommendations is attached to these minutes.
	Mr. Stancil stated that they recommend that the attached recommendations be adopted.
	Councilmember McBryde offered motion to pass 1, 2, 4 and 5 and withdraw number 3 for further study by the committee.  This is because some citizens had contacted him concerning changing the two hour on-street parking to one hour.  Motion seconded by Councilmember Jones.
	Following lengthy discussion, Councilmember McBryde accepted Councilmember Wofford's amended motion to send the entire Downtown Parking Recommendations back to the Downtown Association Parking Committee and City Staff for further study.  The motion carried unanimously.
	Mayor Hurley them asked for a show of hands from Council regarding five-cent and ten-cent parking meters.  There were five members favoring ten-cent parking meters and two members favoring five cent meters.
3.	Consideration of contract for services with Fayetteville Progress, Inc. was presented by Mr. Smith.  He stated that the current contract expires at the end of this month.  The major difference in this new contract essentially is to let the contractor do the subcontracting.  The proposed contract which would run through September, 1984 is in the amount of $162,000.00.
	Mr. Smith further stated that the existing contract was entered into with Fayetteville Progress, Inc. along with a subcontract with Zuchelli, Hunter & Associates, Inc. to perform certain services with regard to the 500 Block Redevelopment Project.  The amount of that contract was $138,000.  The new contract is to cover services provided not only in the downtown redevelopment area but also to include services in the Hay-Branson Neighborhood Conservation area and the other redevelopment areas of the City to include the southeast Fayetteville redevelopment areas.  The proposed contract would also cover services to be provided in the Prince Charles Hotel Redevelopment Project.
	M.J. Weeks, President of Fayetteville Progress, Inc., appeared before Council to review the proposed contract with Council.
	Councilmember Evans offered motion to approve the proposed contract with Fayetteville Progress, Inc., seconded by Mr. Jones.
	City Attorney Cogswell brought to Council's attention two minor corrections to be made to Attachment B of the Contract.  First paragraph, first line, after “the CITY fee" should read “the CITY free" and the next to the last line in the same paragraph “by either of them" should read “by either of them".
	Following discussion, Mayor Hurley called for the vote and the motion was carried unanimously to approve the contract.
	At this point Mayor Hurley asked Council if there were any questions of Ray Muench since there were no Public Works Commission Matters on the Agenda.  There were no questions so Mr. Muench was excused.
	Councilmember Dawkins stated that Ernest Ball, one of the best municipal legal minds, not only in North Carolina but in this Nation, died last week.  Councilmember Dawkins wanted everyone who did not know him to know that we had lost an outstanding person in this State and that our prayers and thoughts are with his family.
4.	City Manager Smith presented bids for the purchase of three Police Motorcycles and stated that the recommended bidder was Kawasaki of Fayetteville.  Although they were not the low bidder, they did meet the City's specifications whereas the other bid did not.  Mr. Smith also stated that the cycles are manufactured in Lincoln, Nebraska - middle America.
	Following brief discussion, Councilmember Evans offered motion to award the bids of three Police motorcycles of Kawasaki of Fayetteville for $15,750, seconded by Councilmember McBryde and carried unanimously.
	City Manager Smith then presented the bids for the Sanitation roll-out carts and recommended the low bidder of Sanco, Corp. for $19,250 be accepted.
	Councilmember Dawkins offered motion, seconded by Councilmember Johnson to award contract for the 550 roll-out carts to the low bidder Sanco Corp. in the amount of $19,250 as recommended.  Motion carried unanimously.
5.	Council next gave consideration of bids for Airport projects:
A.	City Attorney Cogswell presented the terminal expansion bid and stated that the recommendations have been approved by the FAA as follows:
	General Contract - Hatcher Construction Co. - $597,700
	Plumbing - Haire Plumbing Co. - $16,200
	Electrical - Watson Electric Co. - $110,561
	HVAC - Bass Air Conditioning Co. - $106,975
should be subject to FAA approval.
	Councilmember Evans offered motion to approve the recommendation, seconded by Councilmember Dawkins and carried unanimously.
B.	Mr. Cogswell also presented the airfield construction work and recommended the following bidders subject to FAA approval:
	Drainage - C. K. Andrews Construction Company - $174,094.83
	Lighting - Barnes & Powell - $175,278.00
	Crack and Pavement Sealing - Southeastern Asphalt - $25,432.00
	Councilmember Evans offered motion to approve the recommendation subject to FAA approval, seconded by Councilmember Dawkins and carried unanimously.
6.	Mr. Earl Dennis, Airport Manager presented for Council's consideration, the FAA Grant offer for participation in Airfield construction in the amount of $455,124.  Mr. Dennis stated that the Airport Commission recommends approval. 
	Councilmember Dawkins offered motion, seconded by Councilmember Jones to approve the recommendation to accept the FAA Grant and authorize execution, carried unanimously.
7.	Council next gave consideration of a resolution authorizing condemnation of rights-of-way for Parcels W-2 and E-5 on Stanberry Court as presented by City Engineer Bob Bennett.
	Mr. Bennett stated that the Engineering Department personnel have made numerous attempts during the past several months to acquire subject parcels for street right-of-way.  He stated that some parcels have been acquired but these two are absentee owners and the only way the City can acquire them is by condemnation.
	RESOLUTION AUTHORIZING CONDEMNATION OF A PARCEL FOR STANBERRY COURT RIGHT-OF-WAY.  RESOLUTION NO. R1983-49.
	Councilmember Dawkins introduced the foregoing resolution and moved its adoption as recommended, seconded by Councilmember McBryde and carried unanimously.
	A copy of the foregoing resolution is on file in the Clerk's office.
	At this point, Mayor Hurley recognized Mrs. Sally Mae Counsel, a resident of 1706 Stanberry Court and asked if she would like to say something about Stanberry Court.
	Mrs. Counsel stated she needs water due to having to carry water from neighbors.
	Councilmember McBryde replied that Council action tonight should help her get water and sewer.
8.	Consideration of ordinances ordering demolition of four locations was presented by City Attorney Cogswell.  He stated that Mr. Bryant, Inspections Department had sent registered letters to the owners and has had no communication from them since.  He is, therefore, recommending adoption of the following ordinances:
A.	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 - 909 RAMSEY STREET.  ORDINANCE NO. NS1983-41.
B.	AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA REQUIRING THE CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR 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 - 620 GILLESPIE STREET.  ORDINANCE NO. NS1983-42.
C.	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 - 2208 NICKEY AVENUE.  ORDINANCE NO. NS1983-43.
D.	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 - 907 RAMSEY STREET.  ORDINANCE NO. NS1983-44.
	Councilmember McBryde introduced the foregoing Ordinances and moved their adoption as recommended, seconded by Councilmember Evans and carried unanimously.
	Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1983.
	At this point, Mayor Hurley asked Inspector Bryant to check into getting the grass and weeds cut on Rowan and Ray Streets.
 	Mr. Bryant responded that this would be done next week.
9.	The item concerning claims against the City was withdrawn and will be taken up after executive session at the request of Councilmember Evans.
10.	Consideration of Amendments to Hay-Branson Area Loan Agreement.
	Councilmember McBryde and Mayor Hurley will abstain due to being on the list of purchasers, therefore, Mayor Pro Tem Dawkins will preside on this item.  City Attorney Cogswell recommended approval as explained in his memo.
	Councilmember Evans offered motion to approve the amendments to the Hay-Branson Area Loan Agreement as recommended, seconded by Councilmember Jones.  The motion carried with Councilmembers Evans, Jones, Wofford, Dawkins and Johnson voting for and Mayor Hurley and Councilmember McBryde abstaining.
11.	City Manager Reports:
	Downtown Loading Zones.  Mr. Smith stated that staff would need a couple more weeks to study the matter on large tractor trailer trucks coming into the downtown area.  No action is needed by Council at this time.
	Mr. Smith reviewed the memo and proposed budget amendment regarding the City's previous commitment for the construction of the new Central Library.  Mr. Smith recommended adoption of Budget Change 84-4 due to the Revenue Sharing bill still under consideration in the House and the recent ½¢ sales tax increase that could be allocated.
	Councilmember McBryde offered motion, seconded by Councilmember Jones and carried unanimously to adopt Budget Ordinance Change 84-4 as recommended.
	Mr. Smith requested am Information Meeting to be held on September 26, 1983, 7:00 P.M. at the Kyle House to hear from the Library representatives and to consider disposition of the Stein Library once it is vacant.
12.	Delegations:
	Clinton Harris appeared and stated he had come from the County Commission Meeting and was pleased to inform Council that the County Attorney has been instructed to file a clear deed for a site for the new library.  He further stated that he is concerned with the Police Department and feels that a little human relations and public service needs to be incorporated into the Police Department Training.
13.	Matters of Interest to Council:
	Councilmember Dawkins recognized Mrs. Wright and Mrs. Hayes, who are Council candidates present in the audience.
	Councilmember Jones requested a meeting with Mayor Hurley for the next week to discuss a recent editorial on Cablevision.
	Councilmember Wofford had some concern on this also and suggested an Information Meeting, inviting the public for input.
	Councilmember McBryde feels we could negotiate another contract.  Councilmember Dawkins concurred.
	Mayor Hurley asked for a show of hands in favor of a public forum and it was unanimous.  A date was set for September 29, 1983, 7:00 P.M. at City Hall.  Council also requested City Attorney to draw up a format and to put a paid ad in the paper.
	Councilmember Evans stated that at the last meeting she wished everyone “L'Shono Tovah", which is a Happy New Year in ancient Hebrew, she was asked to define that and it is “May you be inscribed in the book of Life."  She further stated that “TOVAH" was misspelled in the minutes and asked for a correction.
	Councilmember Johnson stated that in speaking of editorials and letters to the editor, he has a couple he would like to share fast.  This drew laughter and comments of their being unjust from Councilmembers.
	Councilmember Dawkins stated it was good to have Bobbie Joyner here tonight and her husband, Bill, is in their prayers during his illness.
	Councilmember McBryde asked if the intersection at Skye Drive and Morganton Road is a State controlled intersection.  City Engineer Bennett responded that the Morganton Road portion is State maintained and the signal was installed by the State and they set the signals.  Mr. McBryde also asked about the status on Cape Fear Furniture on Hay Street.  Mr. Smith responded that railroad negotiations are almost complete.
	Councilmember Wofford responded to Mayor Hurley's request in the last minutes to come up with some ideas for the Statue of Liberty fund raising for restoration.  Mr. Wofford stated he felt that some of the buildings on Hay Street that are going to be torn down have nice bricks that could be sold for mementos and the money given to this cause.  This should be checked with the company awarded the demolition contract.
	Mayor Hurley asked the Policy Committee to study the matter of trees on public property right-of-ways as to laws to protect them in maintenance and proper growth.
	At this point, Council recognized Mrs. Milo McBryde for being present in the audience tonight.
	Mayor Hurley then asked City Engineer Bennett about the intersection at Maiden Lane and Green Street being torn up.  Mr. Bennett responded that this is for the installation of the traffic signal and underground wiring.
	Mayor Hurley then recognized Tom Lawton of the Fayetteville Observer who will be replacing Jason Brady on the news coverage of the Council Meetings.
	Councilmember Evans asked Mr. Smith for an approximate beginning time for the Transit Mall construction.  Mr. Smith responded that January was the target date.
	Mayor Hurley welcomed those present who had filed for Council and thanked Police Officer Bill Davis for being present tonight.
	Mayor Hurley then declared a five minute recess before going into executive session.
	Councilmember McBryde offered motion, seconded by Councilmember Jones to go into Executive Session and carried unanimously at 8:55 for the purpose of personnel and litigation.
	Council reconvened at 10:35 and gave consideration to Item 9, claim against the City.
	City Attorney Cogswell presented this item and recommended approval of the amendment to the following ordinance:
	AN ORDINANCE CREATING A NEW SECTION 2-65 OF THE FAYETTEVILLE CITY CODE - PAYMENT OF CLAIMS AGAINST THE CITY.  ORDINANCE NO. S1983-15.
	Councilmember McBryde offered motion, seconded by Councilmember Evans to adopt the foregoing ordinance and change (c) from $5,000 to $1,000.  Motion carried with Councilmembers McBryde, Dawkins, Wofford, Johnson, Evans and Jones voting “for" and Mayor Hurley voting “no”.
	A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1983.
	There being no further business, the meeting was adjourned upon motion made and duly seconded at 10:40 p.m.
INFORMATION MEETING
MONDAY, SEPTEMBER 26, 1983
FAYETTEVILLE CITY COUNCIL
INFORMATION MEETING
KYLE HOUSE CONFERENCE ROOM
MONDAY, SEPTEMBER 26, 1983
7:00 P.M.
PRESENT:	Mayor John W. Hurley
		Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Mildred Evans, Jimmie Jones
		John P. Smith, City Manager
		Roger L. Stancil, Assistant City Manager
		Robert C. Cogswell, Jr., City Attorney
ABSENT:	Councilmember Aaron Johnson (Excused for briefing at White House)
	Mayor Hurley called the meeting to order and Councilmember Dawkins offered the invocation.  Council first heard a progress report from representatives of the Cumberland County Library System on their recent fund raising efforts for the construction of a new library.  Representing the library were John Griffin, Chairman of the Board of Trustees, Jerry Thrasher, Director, and Bob Ray, Chairman of the Fund Raising Drive.
	Council next heard a request from the Fayetteville/Cumberland County Arts Council for use of the Stein Library on Hay Street when the new library is constructed.  Representing the Arts Council were Paul Eaglin and Carolyn Weaver.  Council agreed that this appeared to be a good idea but suggested they would like to give other groups in the community an opportunity to make proposals.  Arts Council members were encouraged to ask that this item be placed on a regular Council meeting agenda within the next two months.
	There being no further business, the meeting was adjourned at 8:00 P.M.
SPECIAL MEETING
THURSDAY, SEPTEMBER 29, 1983
FAYETTEVILLE CITY COUNCIL
SPECIAL MEETING
CITY HALL COUNCIL CHAMBERS
THURSDAY, SEPTEMBER 29, 1983
7:00 P.M.
PRESENT:	Mayor Bill Hurley
		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 Robert C. Cogswell, Jr. offered the invocation.
	The purpose of the meeting was to discuss the Cablevision franchise and various questions that had been raised by the public and council members.  The City Attorney gave an explanation of the franchise ordinance and a report of revenues and franchise fees paid by Fayetteville Cablevision to the City for the past 4 years.
	Stacey Weaver, Attorney for Fayetteville Cablevision, Randall Fraley, Manager of Fayetteville Cablevision, and Jack Stanley, a regional manager for American Television and Communications Corporation, presented a briefing to the Council on the current cablevision operation and responses to the following questions:
	1.	Why Hope Mills is paying less for basic services under its new franchise than the City of Fayetteville?
	2.	Explanation of new expanded service that is being implemented.
	3.	What capabilities does the new expanded service have with video disc recorders and remote control sets?
	4.	Will the City receive 4% of the revenues from the second tier of the new expanded service?
	5.	An explanation of what is happening with the CBN network.
	6.	What rights or capabilities does the City have under its franchise to utilize the public access channel?
	After the presentation by Cablevision officials, the meeting was open for public questions and answers by the following individuals, who made comments or asked questions:
	Clinton Harris	B.E. Bailey	James McCahan
	Jim Majors	Opal Sanders	Jack Reeside
	Bryan Bizzell	Terry Kinney	Renaldo Biucedo
	Richard Young	Jane Berry	Sue Lockamy
	There being no further business, the meeting was adjourned.
REGULAR MEETING
MONDAY, OCTOBER 3, 1983
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
MONDAY, OCTOBER 3, 1983
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 in the Council Chamber.  Mayor Hurley then called on the Rev. Ennis N. Tadlock, Freedom Baptist Church for the invocation.  Following the invocation Scout Carey Gold, Boy Scout Troop 578, led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley announced that this is National Higher Education Week and recognized representatives from several schools and colleges present in the audience.  He requested that they all stand and give their names and the educational institution they represented.
	Mayor Hurley then asked if there were any comments prior to the beginning of the meeting from any of the council members and Mr. Dawkins stated that the community was saddened by the death of Mrs. Ruth Carter Stapleton.
	Rev. Johnson stated there would be a Meet the Candidates meeting this week at Mt. Sinai Church.
	Mayor Hurley then recognized the Fayetteville Youth Council Representatives.  Mayor Hurley then recognized one of the students from the group present this evening who presented a resolution and read it concerning National Higher Education Week.  Following this, the resolution was accepted by the Council by motion and seconded and Mayor Hurley extended thanks to the group.
	Mr. Dawkins requested that he be permitted to abstain voting on Item 3A on the agenda this evening and it was satisfactory.
1.	CONSENT:
	Mr. Wofford offered motion, seconded by Rev. Johnson and carried unanimously that all Consent Items A, B, C, D, E, and F be approved as presented.  The Consent Items appear below:
A.	Approval of the minutes of the regular meeting of September 19, 1983.
B.	Approval of the minutes of the information meeting of September 26, 1983.
C.	Approval of a tax refund in the amount of $46.70 to Ms. Ethel L. McAllister.
D.	Conditional approval of the Tom Daniels Office Building in a C(1)P Shopping Center District located on Executive Drive in the Fayetteville Mall for preliminary and final review.
E.	Conditional approval of Green Valley Estates Subdivision, Section III, Part III in a R10 Residential District for zero lot line preliminary and final review located north east of Maxine Street and northwest of Boros Drive.
F.	Award bid for furnishing ten (10) portable radios, ten (10) mobile consoles, and one (1) multiple unit charger to Motorola, Inc. (low bidder) in the amount of $12,500.00.
2.	PUBLIC HEARINGS:
A.	Consideration of a resolution confirming the assessment roll of the paving of Cross Street from the western line of Plat Book 8, Page 31 to the eastern line of Plat Book 8, Page 31.  The recommended action was adoption of the resolution.
	The City Engineer presented this matter and stated that this street had been paved pursuant to petition and the assessment rate is $4.00 per front foot for each property owner.
	There were neither proponents nor opponents present.
	Rev. Johnson then offered motion for adoption of the resolution confirming the assessment roll as recommended, seconded by Mr. Dawkins and carried unanimously at 7:15 P.M.
	A RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR THE PAVING AND OTHER IMPROVEMENT OF CROSS STREET.  RESOLUTION NO. R1983-50.
	A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1983.
B.	Consideration of an ordinance amending the Fayetteville Subdivision Ordinance by recreating Section 27-10 (g)(6) of Article II “Minimum standards of Design".  The recommended action was adoption.
	Planner Al Mitchell presented this matter and stated that the amendment was as follows: “Said access points" except when it can be demonstrated that adequate provisions can be made for fire protection, garbage collection, police protection, and other municipal services and the local street system is completed as necessary.
	Mayor Hurley recognized Mr. Walter Moorman, a local consulting Engineer, who stated the reasons for requesting this amendment to the ordinance and requested approval.
	There was no opposition present.
	Following brief discussion Mrs. Evans offered motion, seconded by Mr. Jones and carried unanimously to adopt the ordinance amendment.
	AN ORDINANCE AMENDING CHAPTER 27, “SUBDIVISIONS", OF THE CITY CODE OF THE CITY OF FAYETTEVILLE.  SECTION 27-10 (g)(6).  ORDINANCE NO. S1983-16.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1983.
3.	PUBLIC WORKS COMMISSION MATTERS:
A.	Consideration of the proposed purchase of Cumberland Water Company water systems serving ten subdivisions.
	Council recognized Commissioner James Warner who presented this matter and stated that the purchase price would be $1,300,000.  In addition to his other comments, he stated that PWC will not be considering any other purchases in the near future.  Mr. Warner then called on PWC Manager, Ray Muench for further information.  Mr. Muench displayed projections on the areas served by the water systems cost, number of customers, and estimated annual revenue.   Mr. Muench also displayed a map of the system.
	Following some discussion Mrs. Evans offered motion to approve the purchase of Cumberland Water Company water systems for $1,300,000 by PWC as requested.  Motion seconded by Mr. McBryde and carried Mr. Dawkins abstaining.
B.	Consideration of bids received September 20, 1983 for construction of Beaver Creek Interceptor Sewer Line AA (from Buckhead Creek to Cumberland Road) and Line U (from Raeford Road to Cliffdale Road).
	Council recognized Mr. Muench who recommended award of line AA to Ocean Enterprises (low bidder) in the amount of $1,208,407 and award of line U to Dellenger Construction Company (also low bidder) in the amount of $480,665.50 and authorize the Mayor and City Clerk to execute the contract documents.
	Following brief discussion Mr. Jones offered motion, seconded by Mrs. Evans and carried unanimously to award the foregoing contracts as recommended and that the Mayor and Clerk be authorized to execute the contract documents.
C.	Consideration of Amendment #2 to the Public Works Commission Budget for fiscal year ending June 30, 1984.
	Mr. Muench presented this matter and stated the purpose of the amendment was to increase the PWC Water Distribution System, the purchase of water systems and the Electric Capital Project Funds.  Mr. Muench displayed projections for Council to view.
	Some discussion followed.
	Following this discussion Mrs. Evans offered motion, seconded by Mr. Wofford to approve Amendment #2 as recommended by PWC, motion carried unanimously.
D.	Consideration bids received September 13, 1983 for the purchase of three new pickup trucks and two intermediate size sedans.
	PWC Manager Muench was recognized and recommended award to the low bidder LaFayette Motors Inc. in the amount of $20,859 for the three pickup trucks and $15,779.40 for the sedans.
	Rev. Johnson offered motion, seconded by Mr. Wofford and carried unanimously to approve the foregoing low bidders as recommended.
	PWC Manager Muench then requested permission to present an additional matter.
	Mr. Muench stated he had received a letter from Mr. Cliff Strassenburg, County Manager asking if and to what extent PWC will participate in the expense to serve the proposed industrial park as well as individual sites within the park.  Mr. Muench stated the commission had considered this matter at their last meeting.  He stated that the County pays one half and PWC pays one half of these costs, ordinarily.  He stated the commission had voted to continue this arrangement at their last meeting.  Mr. Muench concluded by requesting City Council to approve the continuance of this policy with the County.
	Following brief discussion Mrs. Evans offered motion to approve continuance of the policy, seconded by Mr. McBryde.
	There was then some further discussion of this matter and following this discussion Mrs. Evans amended her motion that City Council concur with PWC's recommendations on extension policy to the industrial park subject to PWC's ability to finance the extensions.  Motion seconded by Mr. McBryde.  Following some further discussion Mayor Hurley called for a vote on the motion and it carried, Rev. Johnson voting no because it wasn't an agenda item.
	On an additional information item, PWC Manager Muench informed the Council that Carolina Power and Light Company had filed for an electric rate increase recently.  He provided some statistical information concerning the percentages of the rate and how it would affect PWC and Fayetteville should it be approved.  Mr. Muench assured the City Council that PWC will intervene in the hearings.
	This concluded the PWC matters and Mr. Muench and Mr. Warner were excused from the meeting.
4.	PLANNING BOARD MATTERS:
A.	Consideration of Boosalis/Thomas Condominium in an R5 Residential District for preliminary and final review located north of Woodland Drive east of Kooler Circle.
	Planner Al Mitchell presented this matter and stated this was not a Consent Item this evening due to a question or dispute on the boundary line.  He stated a representative of St. John's Church appeared before the board and stated there was evidently some overlap between the subject tract description and St. John's Church.  A Mr. Rose also appeared before the board and stated that the survey dispute would have to be resolved before the developer could proceed with the project.
	Mr. Mitchell informed Council that this was a matter to be settled between the two parties and that the project was within the zoning restrictions.
	He also stated that letters had been sent to all of the adjacent property owners.  Mr. Mitchell stated that Planning Board recommends conditional approval per their memo of October 3.
	Following some discussion Mr. Dawkins offered motion for approval as recommended, seconded by Mr. McBryde and carried unanimously.
	Mayor Hurley then declared a five minute recess.
5.	Consideration of Downtown Parking Recommendations from the Fayetteville Revitalization Commission.  (Continued from the regular meeting of September 19, 1983).  The recommendation was approval.
	Council recognized Assistant City Manager Roger Stancil who stated that he and Terry Bellamy the Transit Planner had met with the Parking Committee of the Olde Fayetteville Association on Thursday, September 22 to reconsider the downtown parking recommendations presented at the September 19 City Council meeting.  The Parking Committee reviewed each of the recommendations in detail and voted to endorse those recommendations again.  Mr. Stancil informed Council that they had been provided with the recommendations as well as clarification in their agenda packets.
	Mrs. Evans offered comments on the parking fees and stated that it was Council's responsibility to encourage business to come downtown and stay.
	Mr.  Dawkins offered comments on the loss of parking due to the Transit Mall to be constructed the first of the year on Hay Street.  
	Mr. Jones read a letter of opposition to the one hour parking on Donaldson Street.
	Following some further discussion Mr. Jones offered motion to table master until the City gets into the revitalization program.  Motion seconded by Rev. Johnson.
	Discussion followed.
	Council then recognized a Mrs. Lucas, a Beauty Shop owner on Donaldson Street who requested one hour enforcement of parking on Saturday.  Council also recognized a Mr. Eric Mendelsohn, a downtown merchant, who stated that he agreed with the entire downtown parking plan.
	Following some further discussion Mayor Hurley called for a vote on Mr. Jones motion to table this matter and the vote was as follows:  For the motion, Councilmembers Jones, Evans, and Rev. Johnson.  Against the motion, Mayor Hurley and Councilmembers Dawkins, McBryde, and Wofford.  Mayor Hurley declared the motion lost.
	Mayor Hurley then suggested that Council consider each recommendation individually beginning in reverse order with number five.
	Mrs. Evans then offered motion for adoption of recommendation number five and at ten dollars per month along with clarification number five, effective December 1, 1983.  The recommendation and clarification are as follows:
	Change monthly parking assignments from lot number four to lot number five (Maiden Lane).  Monthly parking assignments in lot number three (Court House Annex) will remain in that lot for the immediate future.  All lease spaces to be $10.00 per month effective December 1, 1983.  Clarification: parking lot number four should be expanded to include those library spaces currently not metered.  The committee felt that library staff should park in lot number five as all others who wish to lease space will be required to do.  Spaces between First Baptist Church and the library can be left for library patrons.  The committee also requested that the City block off the unpaved area so that cars cannot be parked there beside the library.  Motion seconded by Mr. McBryde and carried unanimously.
	Mrs. Evans then offered motion that Council adopt just the first sentence of recommendation number four to be effective November 1, 1983, seconded by Mr. Wofford and carried unanimously.
	The sentence appears below:
	Revise existing parking ordinances to limit the duration of parking control enforcement to normal business days while eliminating Saturdays, Sundays, and all municipal holidays.
	Following some further discussion Mrs. Evans offered motion to approve recommendation number three with one hour parking on Hay Street, Russell Street, Old Street, Franklin Street, Person Street, and Bow Street within the zone effective November 1, 1983.  Motion seconded by Mr. Wofford and carried Mayor Hurley voting no.
	The recommendation appears below:
	This measure would tailor curb side parking for the one hour shopping trip identified in the Wilbur Smith downtown parking study.  Strict enforcement of this measure would discourage abuse by downtown employees thereby freeing up this highly valuable public asset for the shopping trips for which they are intended.  Attachment number one was a map defining the Central Business District.  Parking control zone bounded to the North by Maiden Lane, to the South by Franklin/Russell Street, to the East by Bow/Franklin Street and to the West by Maiden Lane/Pittman Street.  Strict enforcement of the proposed one hour free on-street parking limit within this zone is essential to the success of these recommendations.
	Regarding recommendation number two, Mr. Wofford offered motion that all metered lots be ten cents per hour effective November 1, 1983, seconded by Mrs. Evans and carried, Mr. McBryde voting no.
	Recommendation number two appears below:
	Change the rate of all metered lots to ten cents per hour.  This measure would establish a uniform rate for all public off-street parking lots while encouraging the utilization of metered lots for long term parkers.
	Regarding recommendation number one Mr. Wofford offered motion to change the rate in the attended parking lots to fifteen cents per hour for the first three hours and twenty five cents per hour for each hour thereafter.  Motion seconded by Mr. Dawkins.  Mayor Hurley called for a vote on the motion and it was as follows:  For the motion Mayor Hurley, Councilmembers Dawkins, and Wofford.   Against the motion: Councilmembers Jones, Evans, Rev. Johnson, and Mr. McBryde.  Mayor Hurley declared the motion lost.
	Following some further discussion Mrs. Evans offered motion to put ten cent meters back in the Old Street lot.  Motion seconded by Mr. Jones.
	Following some discussion of this matter Mr. McBryde offered substitute motion, seconded by Mrs. Evans to delay recommendation number one for additional input and the motion carried unanimously.
6.	Consideration of revisions to Traffic schedule Number 10 - Loadings Unloading Zones and Traffic Schedule Number 13 - Parking Zones.
	The recommended action was approval.  The City Engineer presented this matter and stated that request had been received to revise the present loading zone on the southside of Old Street immediately East of Anderson Street.  The present loading zone is not of adequate length to accommodate the longer trucks that serve Coleman's Sporting Goods.  Two parking spaces would be eliminated to accommodate this request.
	Mr. Bennett stated the City had also received a request to delete a loading zone on the west side of Highland Avenue immediately South of Hay Street.  The owners cite the need for curb parking and loading/unloading can be accomplished in the adjoining rear alley.
	Following brief discussion Rev. Johnson offered motion, seconded by Mr. Jones for adoption of the foregoing ordinances effecting these changes.  Motion carried unanimously.
	AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE TRAFFIC SCHEDULE 10-LOADING ZONES,  HIGHLAND AVENUE AND OLD STREET.  ORDINANCE NO. NS1983-45.
	AN ORDINANCE OF THE CITY FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE TRAFFIC SCHEDULE 13-PARKING ZONES-OLD STREET. ORDINANCE NO. NS1983-46.
	Copies of the  foregoing ordinances are on file in Clerk's Office in Ordinance Book NS1983.
7.	Consideration of award of City Contract Number 09-292-83 for reconstruction and expansion (former Courthouse Annex Area) of Parking Lot Number 3.
	The City Engineer presented this matter and stated this project includes expansion of existing City parking lot number 3 to include the land recently purchased from the County (County Annex) and the recent purchase of the leased parking lot from the Jenkins family.  The project will include extension of drainage, underground electrical conduit for lighting and landscaping.  The proposed layout for attendant parking will accommodate 188 spaces.  The City Engineer recommended awarding contract to Cumberland Paving Company for their bid of $133,030.15.
	Mrs. Evans offered motion to award the contract as recommended, seconded by Mr. Wofford and carried unanimously.
8.	Consideration of grant of easement to Louis Spillman, Jr. through City parking lot number 8.
	The City Manager presented this matter and stated that he had a request from Mr. Spillman for perpetual access to the rear of this property at 226 Donaldson Street.  He is preparing to remodel the building and eliminate the front entrance and has requested that he be granted access to the City's parking lot to the rear.  Rather than a perpetual easement, the City Manager stated he would recommend an access agreement in which the City would agree to allow access for as long as the City uses this property for the purpose of a public parking lot.  He recommended to approve the granting of the easement with the provision that the easement would not be binding on any future owner of the property.
	Following brief discussion Mr. McBryde offered motion, seconded by Mr. Dawkins and carried unanimously to follow the foregoing recommendation of the City Manager regarding this request.
9.	Consideration of repeal of Ordinance allowing construction of canopies over sidewalks in the downtown area.  (Originally adopted 8/26/63).
	The City Attorney presented this matter and stated that since Council's consideration of this subject on May 2, 1983, all of the property owners have been contacted and given assurances that the City would be responsible for any damages.  Furthermore, we have been advised by UMTA that if we contracted for the removal of the canopies at our expense, they would reimburse us for any necessary repairs to restore building facades as a result of the removal process.  If the owner wants to improve beyond that it would be at his expense.  Based upon the above, it is recommended that Council repeal the ordinance entitled ORDINANCE PERMITTING UNDER CERTAIN CONDITIONS CONSTRUCTION OF CANOPIES IN THE DOWNTOWN AREA.  Originally adopted on August 26, 1963.  The City Attorney informed Council that ordinances were not numbered in 1963 as they are today.
	Mr. McBryde requested permission to abstain from voting on this matter.
	Mr. Wofford then offered motion, seconded by Mr. Dawkins that the foregoing ordinance of August 26, 1963 be repealed as recommended by the City Attorney.  Motion carried, Mr. McBryde abstaining.
10.	APPOINTMENTS:
A.	Nominations to fill one vacancy on the Human Services Commission.
	Mayor Hurley stated that Mrs. Martha A. Duell, who was appointed in June to serve the unexpired term of Sharon Hindle to March 1984, had submitted her resignation.
	No nomination was made so Mayor Hurley stated that this matter would be carried forward to the next meeting.
B.	Nominations to file three vacancies on the Advisory Parks and Recreation Commission.
	McBryde nominated incumbent Mike Uzzell and Mr. Dawkins nominated Mrs. Anne Nimmocks.
	Mayor Hurley stated that this matter would be reconsidered at the next meeting.
11.	CITY MANAGERS REPORTS:
A.	Report on the City Group Health Insurance Fund.
	The City Manager stated that this new fund was begun in July, 1982 and that November 1 would be the first anniversary of the implementation of the current premiums.  He stated he would like to inform Council as to what had been accomplished so far.  He displayed projections showing the employee rate and the family rates.  He stated the implemented cost had saved considerable for the City employees.  He showed the City's experience in claims and other cost.  He displayed a history of premium cost.  He explained deductions.  He displayed a projection on the eight months claim figures.  He stated that in order to keep the fund solvent new rates would need to be implemented effective November 1, 1983.  He stated the plan had been very successful so far.  He stated that reserves are returned to the employees in reduced benefits.  He stated also hospital rates have increased and this must be considered.  He stated that stop loss would be renegotiated.
	This completed the City Manager's report and Mayor Hurley thanked him for the presentation.
B.	The City Manager stated that he had neglected to place this matter on the agenda by title and stated that Capital Project Ordinance No. 84-2 relating to the Cool Spring Project needed approval.
	Mr. Wofford offered motion, seconded by Mr. McBryde and carried unanimously for approval of Capital Project Ordinance No. 84-2 as requested by the City Manager.
	The City Manager stated that there needed to be a Policy Committee Meeting and Mr. Wofford replied that he would set a date for this at the next meeting of it the Council.
	Mayor Hurley asked the City Manager about an information meeting this month.  The City Manager replied that he did not know as yet whether one was necessary but that he would bring this matter back before Council at the next meeting.
12.	DELEGATIONS:
	Mr. Clinton Harris was recognized by the Council with comments on the proposed parking lot deck behind the Capitol Department Store suggested by Mr Bernard Stein.  Mr. Harris stated he was of the opinion that this project should be built with private not City funds.  He also suggested that Council give consideration to the old post office property on Hay Street as a site for such a parking deck.
13.	MATTERS OF INTEREST TO THE COUNCIL:
	Mr. Jones stated that there are at present eight holidays being observed for City Employees.  He stated this creates a problem for garbage pickups on Monday's.  He suggested that this be investigated by administration to see if this could be evened out as far as garbage pickup days are concerned.  The City Manager replied that this depends on the holiday.
	Following some discussion of this matter the City Manager suggested that he come back before Council with a suggestion or suggestions at a later date and this was satisfactory.
	Mr. Dawkins stated that just as a item of information he had been reading from a publication recently concerning the sale of liquor to the U.S. Military Forces.  He stated that within the statistical information provided, it would appear that a program wold be required for alcoholics.
	Mr. Wofford requested Council's consideration in requesting the City Attorney to review the City's Cablevision franchise for possible revisions.  He suggested that the City Attorney review the Hope Mill franchise as a comparison.
	Mayor Hurley offered the amusing observation that the long Council meeting tonight appeared to be due to the discussion of trash, sidewalks, and parking.
	Mayor Hurley then extended thanks to the Police Officer in attendance at the meeting tonight and to the several individuals who remained throughout the meeting.
	Thereafter, upon motion made and duly seconded, Mayor Hurley declared this regular session adjourned at 10:30 P.M.
REGULAR MEETING
MONDAY, OCTOBER 17, 1983
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
MONDAY, OCTOBER 17, 1983
7:00 P.M.
PRESENT:	Mayor Bill Hurley
		Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans and Jimmie Jones
		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 and made the announcement that City Manager Smith's father is in critical condition, due to suffering a stroke this morning.  He asked that at the time of the invocation everyone remember Mr. Smith in their prayers.
	Mayor Hurley then called on the Rev. Albert Schuler, John Wesley United Methodist Church for the invocation.  Following the invocation Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley then recognized Mr. Thomas Stewart, former Chairman of the Revitalization Commission and presented him with a framed certificate of appreciation for his service to the City and to the Commission and extended thanks for his good work.  Mayor Hurley also presented Mr. Stewart with a certificate from the Revitalization Commission and referred to this as a double barrelled action.
	Mayor Hurley then recognized Fayetteville Youth Council Representative Susan Budspeth in the audience.
	Mayor Hurley reminded Council that the next regular meeting falls on Monday, November 7, the day prior to the general election and asked if it was desired to change this meeting date.  Following some discussion, Mr. McBryde offered motion, seconded by Mr. Wofford and carried unanimously to change the first November meeting date from Monday, November 7 to Monday, November 14.
	The City Attorney reminded Council that in their agenda packets tonight was a request from Mr. Ritchie Smith for a public hearing to consider a redevelopment loan for the Old Mill renovation on North Cool Spring Street, for inclusion in the Central Business District redevelopment area.  Mrs. Evans then offered motion to set public hearing on the foregoing matter for Monday, November 14, seconded by Mr. Dawkins and carried unanimously.
	Rev. Johnson requested withdrawal of Consent Item 1C, and this was agreeable.
	Mr. Dawkins then offered motion for approval of all Consent Items IA, B, D, E, F, G, H and I.  Motion seconded by Mr. McBryde and carried unanimously.
	The Consent Items appear below:
1.	CONSENT:
A.	Approval of the minutes of the special meeting of September 29, 1983.
B.	Approval of the minutes of the regular meeting of October 3, 1983.
D.	Conditional approval of Pamalee Plaza Shopping Center in a C-3 Heavy Commercial District for preliminary and final group development and subdivision review located on the southwest side of Murchison Road south of Boxwood Lane.
E.	Conditional approval of the McArthur Park Section I Subdivision in an R5 Residential District for preliminary and final revision review located on Westwood Court south of Cliffdale Road.
F.	Conditional approval of the Stonebridge Subdivision Section I in an R10 Residential District for preliminary and final zero lot line development review on both sides of Edmonton Drive south of Levy Street.
G.	Award contract for eight (8) Radar Units for the Police Department to Kustom Quality Electronics for $16,760.
H.	Award contract for one (1) backhoe for Engineering Department to Gregory Poole Equipment Company for $37,823.
I.	Award contract for paving of various streets to Crowell Constructors, Inc. for $177,778.60.
CONSENT ITEM 1C
C.	Approval of the rezoning from R6 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification an area located on the southeast side of Boxwood Lane 207 feet west of Murchison Road.
	Planner Mitchell presented this matter and stated that the Planning Board recommended approval of the rezoning.
	Discussion followed with Rev. Johnson voicing his concern about commercial development on Murchison Road.  Planner Mitchell offered explanations for the request and displayed a map of the proposed rezoning.  There then followed some discussion.
	Following this discussion, Mr. Wofford offered motion for approval of the rezoning by the adoption of an ordinance, seconded by Mr. McBryde and carried unanimously.
	AN ORDINANCE OF THE FAYETTEVILLE CITY COUNCIL AMENDING THE ZONING ORDINANCE TO REZONE FROM R6 RESIDENTIAL DISTRICT TO C3 HEAVY COMMERCIAL DISTRICT AN AREA LOCATED ON THE SOUTHEAST SIDE OF BOXWOOD LANE 207 FEET WEST OF MURCHISON ROAD.  ORDINANCE NO. NS1983-47.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1983.
2.	PUBLIC HEARING:
A.	Consideration of a final resolution requiring the paving pursuant to petition of Grady Street from Hamlet Street to the easternmost corner of Lot 1, Block “F", Plat Book 10, Page 64, Cumberland County Registry and Hamlet Street from Grady Street to the easternmost corner of Lot 11, Block “D", Plat Book 10, Page 64, Cumberland County Registry.
	The City Engineer presented this matter and stated that this proposed paving was by petition and that he recommended approval.
	There were neither proponents nor opponents present.
	Mrs. Evans then offered motion, seconded by Mr. Jones for approval of the paving by the adoption of the following resolution, motion carried unanimously.
	FINAL RESOLUTION REQUIRING THE PAVING OF GRADY STREET AND HAMLET STREET, RESOLUTION NUMBER R1983-51.
	A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1983.
3.	PUBLIC CORKS COMMISSION MATTERS:
A.	Consideration of bids received September 27, 1983 for the purchase of one 10-12 cubic yard capacity tandem dump truck and one 24,000 pound GVW truck cab and chassis.
	PWC Manager Muench presented these matters and stated that the low bid by Ed Mac Truck Sales and Service in the amount of $29,384.06 for the dump truck was recommended.
	Mr. McBryde offered motion, seconded by Mr. Wofford to approve the low bidder as recommended.  Motion carried unanimously.
	PWC Manager Muench then stated that the bid recommended for the truck cab and chassis was also Ed Mac Truck Company Sales and Service, Inc. for their low bid of $12,858.35.
	Mr. Wofford offered motion, seconded by Mr. McBryde and carried unanimously for approval of the foregoing low bid as recommended.
B.	Consideration of bids received October 11, 1983 for the purchase of one tractor backhoe and loader.
	PWC Manager Muench stated there was only one bid received and it does meet PWC's specifications for this equipment.  That was the bid of Gregory Poole Equipment Company in the amount of $29,494.  and it is recommended to be accepted.
	Rev. Johnson offered motion for acceptance of the foregoing bid as recommended, seconded by Mr. Jones and carried unanimously.
C.	Consideration of an exchange of an easement between the City and T.J. Thompson, Myrtle Thompson, Herman Thompson, Ruby Thompson,  Lloyd Thompson and Retha Thompson.  The recommended action was to advertise this matter.
	Mr.  Muench stated that approximately 1200 feet of the proposed sewer line would have to be relocated 60 feet to the north and east of its original location.  This is to avoid an area of very unstable soil conditions which were not detectable in the original soil borings.   He pointed out on the maps enclosed the area shaded in red as the portion of the easement area being relocated.  He stated he had been in touch with the Thompsons concerning this matter and should be able to obtain the new easement in the very near future.  He stated the difference in money is $496.
	Following brief discussion, Mr. Wofford offered motion, seconded by Mr. Jones and carried unanimously that PWC be authorized to advertise this matter as requested.
	This completed the PWC matters and they were excused from the meeting.
4.	PLANNING BOARD MATTERS:
A.	Consideration of the rezoning from R5 Residential District to P2 Professional District or to a more restrictive zoning classification an area located at 916 Hay Street.
	Planner Mitchell presented this matter and stated that the Planning Board recommended approval and that this matter was before Council tonight because there was not a unanimous vote.
	Mrs. Evans then offered motion to follow the recommendation of the Planning Board by the adoption of the proper ordinance.  Motion seconded by Rev. Johnson.
	Council then recognized Mr. James Warner, owner of the property who offered comments and requested approval of the rezoning.
	Following some discussion, Mayor Hurley called for vote on the motion and it carried unanimously.
	AN ORDINANCE OF THE FAYETTEVILLE CITY COUNCIL AMENDING THE ZONING ORDINANCE TO REZONE FROM R5 RESIDENTIAL DISTRICT TO P2 PROFESSIONAL DISTRICT AN AREA LOCATED AT 916 HAY STREET.   ORDINANCE NUMBER NS1983-48.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1983.
B.	Consideration of the rezoning from M2 Industrial District to R10 Residential District or to a more restrictive zoning classification than presently zoned of an area located at 505 Middle Road.
	Planner Mitchell presented this matter and stated that Planning Board recommends approval and that it was before Council tonight because there was not a unanimous vote.
	Mr. McBryde then offered motion, seconded by Mr. Dawkins for approval of the foregoing recommendation of the Planning Board by the adoption of the appropriate ordinance.
	There was then some discussion of the matter and Mayor Hurley then called for a vote on the motion and it carried unanimously.
	AN ORDINANCE OF THE FAYETTEVILLE CITY COUNCIL AMENDING THE ZONING ORDINANCE TO REZONE FROM M2 INDUSTRIAL DISTRICT TO R10 RESIDENTIAL DISTRICT AN AREA LOCATED AT 505 MIDDLE ROAD.   ORDINANCE NUMBER NS1983-49.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1983.
5.	Consideration of a resolution authorizing condemnation of right-of-way Parcel S-2 (Arsenal Avenue).
	The City Engineer presented this matter and recommended approval.
	Mrs. Evans offered motion, seconded by Mr. Jones and carried unanimously for adoption of the resolution as recommended.
	RESOLUTION AUTHORIZING CONDEMNATION OF A PARCEL FOR ARSENAL AVENUE RIGHT-OF-WAY.  RESOLUTION NUMBER R1983-52.
	A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1983.
6.	Consideration of a resolution authorizing condemnation of right-of-way Parcel W-5 (Cain Road).
	The City Engineer presented this matter and recommended approval.
	Mrs. Evans then offered motion, seconded by Mr. Wofford and carried unanimously to adopt the resolution as recommended.
	RESOLUTION AUTHORIZING CONDEMNATION OF A PARCEL FOR CAIN ROAD RIGHT-OF-WAY.  RESOLUTION NUMBER R1983-53.
	A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1983.
7.	Consideration of a resolution for the City accepting maintenance responsibilities for Grady Street and Hamlet Street from the NC Department of Transportation.
	The City Engineer presented this matter and stated the City has received paving petitions for both of these streets which are presently on the NC Department of Transportation maintenance system.  Eventually the City would be asked to accept maintenance of these streets, but DOT prefers these streets be transferred to the City for maintenance immediately and requested this be done by resolution requesting the transfer.  Mr. Bennett recommended adoption of the resolution of transfer.
	Rev. Johnson offered motion for adoption of the resolution as recommended, seconded by Mrs. Evans and carried unanimously.
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA ACCEPTING MAINTENANCE FROM NCDOT FOR GRADY STREET AND HAMLET STREET.  RESOLUTION R1983-54.
	A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1983.
8.	Consideration of amendments to Chapter 20 of the City of Fayetteville Code as adopted by Council on October 3, 1983.
	Assistant City Manager Stancil presented this amendment and stated that it implements all changes enacted by the City Council at their last meeting on October 3, concerning parking and other matters in the Downtown Business District.  Mr. Stancil recommended adoption of the ordinance.
	Following brief discussion, Mrs. Evans offered motion, seconded by Rev. Johnson for adoption of the ordinance as recommended.
	Discussion followed and Mr. Wofford mentioned the letter from Mrs. Naomi Simmons regarding parking at her place of business, a beauty shop on Person Street.  Mr. Stancil stated that this had been considered by the Transit Planner and a note of explanation stating that there was considerable parking in the vicinity of the place of business.  He stated that this could be reconsidered if a problem develops.
	Following some further discussion of this matter Mayor Hurley called for a vote on the motion, and it carried, Mr. Wofford voting no.
	AN ORDINANCE AMENDING CHAPTER 20 “MOTOR VEHICLES AND TRAFFIC" OF THE CITY CODE OF THE CITY OF FAYETTEVILLE, PARKING IN DOWNTOWN BUSINESS DISTRICT.  ORDINANCE NUMBER S1983-17.
	A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1983.
9.	A hearing to consider a request for withdrawal of a bid from Atkins Electric Company for electrical work on the Transit Garage pursuant to NCGS Section 143-129.1.
	The City Engineer presented this matter and stated in a memo that the error was one of clerical cause rather than judgmental.  Mr. Atkins was also present.
	Mr. McBryde then offered motion to approve the withdrawal of the bid due to clerical error rather judgmental error.  Motion seconded by Rev. Johnson and carried unanimously.
10.	Consideration of award of contract for (1) Logging Recorder System, one (1) Portable Reproducer and two (2) Emergency Message Repeaters for the City Police Department.
	Mr. Stancil presented this matter and stated that this was replacement in the Police Department for old equipment and recommended award of the contract to Dictaphone Corporation for $23,576.50.
	Mr. McBryde offered motion to award the contract as recommended.  Seconded by Mr. Wofford and carried unanimously.
11.	Consideration of amendment Number 84-2 to Capital Projects Ordinance CAP-1 and CAP-13.
	Mr. Stancil presented this matter and stated that this amendment closes some projects already completed and increases funding for the Courthouse Annex Parking Lot and for other various improvements.  He stated this was primarily a cleaning up action.
	Mrs. Evans then offered motion to approve the amendment as recommended, seconded by Mr. Dawkins.
	Mr. McBryde called Mr. Stancil's attention to an error in addition in one of the paragraphs.  Mr. Stancil acknowledged the note.  Mayor Hurley then called for a vote on the motion and it carried unanimously.
	There was then a brief discussion of the Farmer's Market and of the sign for the market.  Mr. Stancil and Mr. Horace Thompson acknowledged that these items were in the planning stage and Mrs. Evans suggested that with the coming of the winter season and inactivity in the market, this would be a good time for such planning.
12.	Consideration of adoption of resolution amending the I.C.M.A. Deferred Compensation Plan.
	Mr. Stancil presented this matter and stated that the material presented in the agenda packet was that necessary for the City to agree to a change in the Deferred Compensation agreement with I.C.M.A.  The sample resolution enclosed for City Council approves the I.C.M.A. Retirement Trust to represent the interest of member employees in decisions with respect to investment of funds in Deferred Compensation Plan.  This action has been taken in response to recent amendments to Section 457 of the Internal Revenue Code of 1954.
	Following some discussion, Mr. Dawkins offered motion, seconded by Rev. Johnson for approval of the foregoing by the adoption of the resolution.  Motion carried unanimously.
	RESOLUTION FOR PARTICIPATING EMPLOYERS - DEFERRED COMPENSATION PLAN.  RESOLUTION NUMBER R1983-55.
	A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1983.
13.	Consideration of lease agreement between the City of Fayetteville and the Bragg Civilian Federal Credit Union.
	Mr. Stancil presented this matter and stated that the lease agreement is the renewal of the agreement currently in effect with the Credit Union for use of space at City Hall.  The Credit Union office is a real service to our employees.  He recommended continuing the lease under the same terms for another year.  The amount of the lease is $1,500 per year and runs from November 1, 1983 to November 1, 1984.  Following brief discussion Rev. Johnson offered motion to authorize the City Manager to execute and sign the lease as recommended at the same rate.  Motion seconded by Mr. Jones and carried unanimously.
14.	APPOINTMENTS:
A.	Nominations to fill one vacancy on the Human Services Commission.
	Mr. McBryde nominated Gertie Brewington.
	Mayor Hurley stated this nomination would be considered at the next meeting.
B.	Nominations to fill three vacancies on the Advisory Parks and Recreation Commission.
	Rev. Johnson nominated Mr. B. T. McNeill.
	Mayor Hurley stated that there were already two nominees for these three positions, Mr. Mike Uzzell and Mrs. Ann Nimocks.
	It was suggested that these three nominees be appointed and this was agreeable.
	Mr. Wofford offered motion, seconded by Mr. Jones for appointment of the foregoing to the Advisory Parks and Recreation Commission for three year terms of office each.  Said terms running to October, 1986.  The motion was unanimously approved.
15.	CITY MANAGER'S REPORTS:
A.	A comparison of operating costs and revenues of Municipal Parking Lot #7.
	Assistant City Manager stancil presented this matter and stated that it was covered in a memo presented in the agenda packet (a copy of this memo is attached to the original minutes of this meeting).
	Mr. McBryde stated that everyone had received a copy of the memo and there was no need for Mr. Stancil to read it and then offered a motion that a charge of 15¢ per hour for the first three hours and 25¢ per hour there after be made.  Motion seconded by Mrs. Evans and carried unanimously.
B.	Report on holiday schedule for garbage collection.
	Assistant City Manger Stancil stated that regarding this matter the City Manager has a recommendation and will present it at a later meeting when he returns.  There was a brief discussion among the Council of this matter and it was pointed out that the next holiday was November 11, which falls on a Friday and that the next holiday after that was Thanksgiving Day.
16.	DELEGATIONS:
	Council recognized Mr. Horace Thompson, Chairman of the Revitalization Commission who stated that at the Commission's last meeting there was a discussion of the store fronts along Hay Street and of the necessity for a beautification program.  He stated there was broken glass in numerous store fronts and this presented a hazard to safety and was an attractive nuisance where the glass is broken out completely and the store open.  He suggested that Council request the City Attorney to draw ordinances for the safety of the public.
	Mr. Wofford agreed with Mr. Thompson's suggestion and that a resident's building would be condemned for such condition.  He also suggested the beginning of construction on the Transit Mall will compound the problem.
	Mr. Dawkins suggested referring this matter to the City Attorney for study as Mr. Thompson requested.
17.	MATTERS OF INTEREST TO THE COUNCIL:
	Mr. McBryde stated that much of the downtown property is in bad shape as Mr. Thompson stated and action needs to be taken.
	Mr. Dawkins commented on the loss by death of Mr. N. D. (Mac) McGinnis, an employee of the County, and stated that he would be sorely missed.
	Mr. Dawkins also commented on the loss through death of Mr. Joseph O. Tally, Jr., former Mayor and City Attorney of the City of Fayetteville and a former international past President of the Kiwanis Club.  He stated Mr. Tally would also be sorely missed.
	Mr. Dawkins commented on the good write up in the local newspaper concerning the City's leaf pick-up.
	Mr. Dawkins asked if there was an information meeting scheduled for this month.  Mr. Stancil replied in the negative, in so far as he knew.
	Mr. Dawkins stated that since this was the last meeting before the general election he wished good luck to all of the seven incumbent Councilmembers in the election.
	Rev. Johnson expressed his concern about City Manager John Smith's father.  He also commended Assistant City Manager Roger Stancil for filling in for the City Manager this evening.
	Mrs. Evans expressed her concern for the steps leading onto and off of the bridge which serves Heritage Place and stated that railings are needed for these approach and departure steps for the elderly residents.  She stated sidewalks were also needed around the area for their use.
	Mr. Stancil was requested to contact Mr. John Rose concerning this.
	Mr. Jones asked the City Engineer when can we get started on the paving of streets.  The City Engineer stated that some of the work would begin in two weeks.
	Mr. Jones requested that the City Engineer add Burgess Street from Old Street to the FILI Building.
	Mayor Hurley stated that Burgess Street will be closed eventually.
	Mr. Jones stated that the right and left sides Rosehill Road from the Country Club Drive out needs lights.
	Rev. Johnson stated that a traffic signal was needed at the intersection of Chadwick and Rosehill Road.  The City Engineer was requested to check this matter.
	Mayor Hurley then extended thanks to the Police Officer and other City employees present tonight.
	Thereafter all matters of business having been completed this regular session was adjourned at 8:30 p.m. upon motion made and duly seconded.
REGULAR MEETING
MONDAY, NOVEMBER 14, 1983
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
MONDAY, NOVEMBER 14, 1983
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, City Attorney
	Mayor Hurley requested Councilmember Johnson offer the invocation to be followed by Vance Drinkhaun, Senior Patrol Leader of the Kelly Springfield Tire Company Boy Scout Troop I leading the Pledge of Allegiance to the Flag.  The representatives of Troop I present tonight are candidates for the Eagle Scout.  Those present are Tim Griffin, Mike Griffin, Gary Beecher, Vance Drinkhaun and Merit Badge Counselor Andy Drinkhaun.
	Mayor Hurley then recognized Mrs. Suzan Cheek, the new Assistant City Manager for Economic and Community Development.
	Mayor Hurley read a note of congratulations on re-election of all Councilmembers from Betty Jo Goodenough, who also presented Council with homemade brownies.
	Mayor Hurley then stated that there was a request for executive session involving property litigation and a personnel matter to be held at the end of tonight's meeting.
	Planner Al Mitchell was recognized at this time and he introduced Evelyn Dorsey, Planner for operations of day-to-day zoning and subdivision work.
	Councilmember Dawkins welcomed all councilmembers back after their re-election.
	Councilmember Evans requested that Item I be pulled from the Consent agenda for discussion along with Item 4A.
	Councilmember Johnson wanted everyone to know how proud Council and all of Fayetteville is of the Pope and Ft. Bragg military personnel that went overseas recently.
	Councilmember Wofford offered motion to approve Consent Items 1A through Item 1J excluding Item 1I, seconded by Councilmember Dawkins and carried unanimously.
	The Consent Items appear below:
1.	Consent:
A.	Approved the minutes of the regular meeting of October 17, 1983.
B.	Approved the Robert E. Bryan, Jr. property in a C(1)P Shopping Center District preliminary and final review located at 4299 Raeford Road.
C.	Approved Windwood on Skye, Section II in a R15 Residential District for preliminary and final zero lot line development review located on the north end of Skye Drive.
D.	Approved McFadyen Townhouses in a R5 Residential District for preliminary and final zero lot line development review located on the south side of Athens Avenue between Hillside Avenue and Woodside Avenue.
E.	Approved Pizza Hut in a C(1)P Shopping Center District for preliminary and final review located at Bordeaux Business Complex between Boone Trail Extension and Owen Drive.
F.	Approved Sunlake Subdivision (formerly Green Valley Estates, Section III, Part III) in a R10 Residential District for preliminary and final zero lot line development located east of Helen Street between Boros Drive and Barber Avenue.
G.	Set public hearing for December 19, 1983 to consider annexation of property located at 3409 Boone Trail.
H.	Adoption of a resolution for the destruction of Finance Department records.
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA - ORDERING DESTRUCTION OF RECORDS.  RESOLUTION NO. R1983-56
	A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1983.
	Elected nominee Gertie Brewington to the Human Services Commission.
2.	Public Hearings:
A.	Consideration of Redevelopment loan to Mr. Ritchie Smith was presented by City Attorney Cogswell.  He stated that the loan is not to exceed $75,000 and all materials concerning this matter were sent to Council in their packet.
	Mrs. Nellie Smith, Petitioner, appeared before Council and stated that the mill will need renovation due to there being no inside walls but it will be restored.
	There was no opposition to this item present at the meeting.
	Councilmember Evans offered motion to approve the Redevelopment loan, seconded by Councilmember Dawkins and carried unanimously.
B.	Consideration was given to a resolution approving one-hundred ten (110) certificates of public convenience and necessity for period beginning January 1, 1984 and ending December 31, 1984.  Bob Cogswell presented this item for Sgt. Max Riddle, Taxicab Inspector, who was ill.  He stated that Sgt. Riddle had done the preliminary advertising, investigated the applications and has sent his written recommendations.  It was noted that this is the first reading of this resolution.
	There was no one present for or against the resolution.
	Councilmember Dawkins offered motion to adopt the resolution, seconded by Councilmember McBryde and carried unanimously.
	City Attorney Cogswell reminded Council that this would take a second reading at the next meeting.
3.	Public Works Commission Matters:
A.	Consideration of a resolution approving the exchange of an easement between the City and T.J. Thompson, Myrtle Thompson, Herman Thompson, Ruby Thompson, Lloyd Thompson and Retha Thompson (continued from October 17, 1983 meeting, Item 3C).  Mr. Cogswell reminded Council that they authorized advertisement at the last meeting, this has been done and they just need to act on the resolution at this meeting.
	RESOLUTION AUTHORIZING THE EXCHANGE OF EASEMENTS.  RESOLUTION NO. R1983-57
	Councilmember Wofford introduced the foregoing resolution and moved its adoption, seconded by Councilmember Johnson and carried unanimously.
	A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1983.
B.	Council next considered the proposed sewer use ordinance revision of Chapter 31, Article 2 of the City Code.  PWC Manager Ray Muench presented this item and stated that Federal Regulations (40 CFR, Part 403) require municipalities owning sewage treatment plants with capacities of 5 mgd or greater to adopt Industrial Pretreatment Regulations.  Federal and State regulations also require the development and adoption of a Sewer Use Ordinance which incorporates provisions to monitor and enforce industrial pretreatment regulations.  It is for this reason that Chapter 31, Article 2, of the Fayetteville City Code is proposed for revision, subject to Council approval and adoption.
	Following brief discussion Councilmember Evans moved to adopt the following ordinance, seconded by Councilmember Jones and carried unanimously.
	AN ORDINANCE AMENDING CHAPTER 31, ARTICLE 2 OF THE FAYETTEVILLE CITY CODE - SEWER USE.  ORDINANCE NO. S1983-18
	A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1983.
C.	Council next gave consideration to the following bids:
	1.	Bids received October 11, 1983, for the purchase of 293 electrical distribution transformers of seventeen types. Summary of recommendations is attached to these minutes.
		Councilmember McBryde offered motion to approve the low bidder for Item C1 thru 6 as shown on the attached summary as recommended by PWC, seconded by Councilmember Dawkins and carried unanimously.
	2.	Bids received October 18, 1983 for the purchase of sanitary sewer manhole rings and covers.  PWC recommends low bidder.
		Councilmember Dawkins offered motion to approve low bidder, Dewey Brothers, Inc., in the amount of $12,082.90 for 130 sets of sanitary sewer manhole rings and covers and 50 sanitary sewer manhole covers only, seconded by Councilmember Dawkins and carried unanimously.
	3.	Bids received October 18, 1983, for the purchase of 100,000 feet of aluminum conductor.  PWC recommends low bidder.
		Councilmember Wofford offered motion to approve the low alternate bidder, Westinghouse Electric Supply Company, in the amount of $83,900, seconded by Councilmember Johnson and carried unanimously.
	4.	Bids received October 25, 1983, for the purchase of one hundred 175-watt Mercury street light luminaries.  PWC recommends low bidder.
		Councilmember Wofford offered motion to award to low bidder, Mill-Power Supply Company, for $11,399, seconded by Councilmember McBryde and carried unanimously.
	Mr. Muench then introduced Commissioner Tom McCoy, who accompanied him to the meeting.  There being no further PWC business, they were excused from the meeting.
	Council next gave consideration to the Consent Item 1I that was pulled at the request of Councilmember Evans for discussion.
	Councilmember Evans asked if the Adams Court property is sold, would this affect the original intent for this to be used for senior citizens.  Community Development Director Richard Herrera responded that this could be stipulated in the contract.
	Councilmember Evans then asked if the closing of Adams Court would affect the buses being able to go in and turn around.  Mr. Herrera responded that the street goes directly through the middle of the project so in order to construct a building there it will have to be closed.
	Following further discussion, Councilmember Evans offered motion to sell this property with the reservation that it be for senior citizens public housing, seconded by Councilmember Dawkins.
	There was further discussion and Councilmember Evans amended her motion to set a public hearing for December 19, 1983 for the closing of Adams Court and advertise the sale of the property, Councilmember Dawkins seconded the motion and motion carried unanimously.  The resolution title is shown below:
	PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE ADAMS COURT. RESOLUTION NO. R1983-58
	A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1983.
	Clinton Harris was recognized.  He stated he was confused and wanted to be sure that this property would be used for senior citizens public housing.  Councilmember Evans reassured him this would be done.
4.	Consideration of the sale of Parcels M12 and M13 Murchison Road Redevelopment area was presented by Mr. Cogswell.
	He stated that this property is located next to the Nearly New Thrift Shop and that he has received a bid of $6,000.  The property was recently appraised at $9,000.  Mr. Cogswell further stated that Council only needs to decide whether or not they want to authorize advertisement for bids.  They will not be authorizing sale tonight.
	Following discussion, Council took no action.
5.	Council next gave consideration to award of Contract Number 05-288-83 -Renovation of Fast Transit Building.
	City Engineer Bob Bennett presented this item and stated that bids were opened on October 11 and October 25 for the general contract, plumbing, electrical and mechanical work for the FAST garage portion of the old LaFayette Ford Building.  The recommended low bidders are F.R. Bray Construction Company, Inc. for $143,399, general contract work; Haire Plumbing Company, $85,455 for plumbing; Watson Electrical Construction Company for $28,590 for electrical work; Atkins Electric Heating and Air Conditioning $4,055 for mechanical.  A total of all low bids is $261,499.
	Councilmember Evans offered motion to award to the recommended low bidders subject to concurrence by UMTA, seconded by Councilmember Dawkins and carried unanimously.
	At this time, the City Attorney stated that the party that had made an offer of $6,000 on Item 4B had approached him with a bid of the appraised value of $9,000.
	Councilmember McBryde then offered motion to advertise the sale of the property for $9,000, seconded by Councilmember Jones and carried unanimously.
6.	Council next gave consideration of program change in the Massey Hill Rehabilitation Grant Program under Community Development Program Grant.
	Community Development Director Richard Herrera presented this item and stated that this proposed revision is to make the grant loan system available to all Massey Hill residents.  This has been approved unanimously by the Fayetteville Redevelopment Commission.  There was lengthy discussion.  Due to the amount of subsidy to absentee owners of property for rehabilitation, Council requested that Mr. Herrera reconsider that and return with another recommendation.
7.	Council next gave consideration of amendment to Fayetteville City Ordinance creating a new Chapter 21A of the City of Fayetteville Code of Ordinances entitled “Parks and Recreation".
	Parks and Recreation Director Jack Wilson introduced the members of the Advisory Recreation and Parks Commission present in the audience.  Mr. Wilson then presented ordinance creating a new Chapter 21A of the City of Fayetteville Code of Ordinances entitled “Parks and Recreation".  He summarized by saying that this gives the park rangers the authority to enforce the rules and regulations by issuing citations for violations of these rules and regulations.
	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA CREATING A NEW CHAPTER 21A OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES ENTITLED “PARKS AND RECREATION".  ORDINANCE NO. 51983-19
	Councilmember Evans introduced the foregoing ordinance and moved its adoption seconded by Councilmember Dawkins.
	Mr. Cogswell advised Council that a change should be made to Section 21A-20, subparagraph (a).  It should read “Violations of this article shall be a misdemeanor punishable by a $5.00 fine."  Also the next paragraph, (b), fourth line, should be City “in" a civil action and not “and".
	Councilmember Evans amended her motion to include these revisions.  Motion carried unanimously.
	A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1983.
8.	The next item for Council's consideration was to award the contract for Parks and Recreation Master Plan, and adoption of Budget Ordinance Amendment Change 84-5.  Mr. Wilson presented this plan in detail.
	City Manager John Smith reminded Council that the City has set aside in previous budgets a reserve for improvements to the Honeycutt Park which is being carried in the general revenue sharing fund balance.  Mr. Smith further stated that $50,000 is needed to complete the Master Plan and be appropriated from these funds, with a commitment that the funds will be replaced from general . . . . Linear Park is a top priority there are other areas that have needs as well and we will not be taking any funds from the Linear Park project.
	Following lengthy discussion, Councilmember Johnson offered motion to follow the recommendation to approve the Parks and Recreation Master Plan and Budget Ordinance Amendment Change 84-5 in the amount of $50,000, and authorize the City Manager to negotiate the contract.  Councilmember McBryde seconded and motion carried with Councilmembers Wofford and Jones voting “no”.
	At this time, Mr. Smith was recognized.  He stated that he wanted to let Council know where we stand on the Senior Service Center work to be done.  The funds that Council appropriated to do the work were out of the Jobs Bill and there are some sticky requirements as to how it must be accomplished - such as, the contractor must agree to use unemployed persons.  Therefore, we are going to have to do some innovating contracting on that.
9.	Council next gave consideration of Airport leases.  City Attorney Cogswell presented this matter and recommended approval of the following leases:  Cannon Aviation East, Inc., Flight unlimited, Carolina Helicopters, Lambda Associates, Pegasus.
	Councilmember McBryde offered motion, seconded by Councilmember Jones and carried unanimously to approve the above recommended Airport leases.
10.	Council next considered contracts for uniform rentals and recommended low bidder Dixie Uniform Rentals at $362.20 per day.  Rental Towel and Uniform Service was disqualified as they failed to bid on flame resistant uniforms.
	Following brief discussion, Councilmember Evans offered motion, seconded by Councilmember Dawkins to award contract for uniform rentals to low bidder as recommended, and carried unanimously.
11.	Consideration of amendment of Section 28-22(b) of the Fayetteville City establishing a first level review with the Airport Manager of taxicab violations at the Fayetteville Municipal Airport.  Mr. Cogswell presented this item and recommended adoption of the ordinance.
	Councilmember Evans offered motion to adopt the ordinance, seconded by Councilmember Jones and carried unanimously.
12.	Appointments:
A.	Fayetteville Appearance Commission:  John M. Monaghan, Jr. was nominated by Councilmember Wofford.
B.	Fayetteville Redevelopment Commission:  Tom Daniel was nominated for re-election by Councilmember Dawkins.
C.	Fayetteville Historic Properties Commission:  no nominations.
	Mayor Hurley presented a letter of resignation from M. J. Weeks on the Revitalization Commission.
13.	City Manager Reports:
A.	Sidewalk in area of Heritage Place and railing at Cross Creek Park.  Mr. Smith stated that the railing at Cross Creek Park has been installed.  City Engineer Bennett presented a slide showing of this area and will present an estimate of the work at the next meeting.
B.	Requests for Stein Library uses.  Mr. Smith stated that a request had made previously from Arts Council Revitalization Commission and he has received a request from FTI for classrooms.
C.	Mr. Smith presented Council with a letter from Mrs. Naomi Simmons regarding the one hour Person Street parking and she has requested to appear before Council at their next meeting.
	Mr. Smith also presented the matter of Mrs. Sallie Council's previous request for assistance in getting water because of her problems.
	Councilmember Evans introduced the following resolution and moved its adoption, seconded by Councilmember McBryde, to set a public hearing for December 19 to consider a request by Sallie Council for water.  Motion carried unanimously.
	PRELIMINARY RESOLUTION FOR EXTENSION OF WATER IN A PORTION OF STANBERRY COURT.  RESOLUTION NO. R1983-59
	A copy of the foregoing Resolution is on file in the Clerk's office in Resolution Book R1983.
	Mr. Smith then asked City Attorney Cogswell to present to Council a problem with property deed at 700 Haymount project.  Mr. Cogswell stated that a discrepancy has come about from the standpoint of when a survey was done some years ago and the description that we used in our deed to NCNB.  When they measured the right-of-way from the center of the road there was a difference.  If it is just a mistake when the deed was written then we can execute a deed of correction or quitclaim deed.
	Councilmember Wofford offered motion, seconded by Councilmember Dawkins to authorize the Mayor to sign a deed of correction or quitclaim deed for the 700 Haymount.  The motion carried with Councilmember McBryde and Mayor Hurley abstaining.
	Mr. Smith then reminded Council of the memo he had sent them regarding the moving of offices within the Kyle House on Tuesday.
14.	Delegations:
	Clinton Harris stated he had a request for the Stein Library to be used for a transit mall parking deck.  He also requested a copy of the recommendation for Item 4A regarding Adams Court so it can be put in the senior citizens newsletter, and thanked Council for the work they have done on this.  The third thing he wanted to request of Council was to have the water at Cool Spring tested.
15.	Matters of interest to Council:
	Councilmember Jones stated he had several items to bring up:
	1)  A request for immediate annexation of Holiday Park had come from Henry Patterson;  2) A guard rail is needed at the lake by the Museum of Art on Stamper Road to prevent cars from driving into the lake;  3) A request was received from Mr. Gardner for restitution for a damaged tire on a broken catch basin across from Highland Lumber Company.   Mr. Cogswell responded that the broken catch basin was not brought to our attention until after Mr. Gardner's tire was damaged and it has been repaired.  Councilmember Jones asked Mr. Cogswell to send a letter to Mr. Gardner; 4) Councilmember Jones was impressed with the new radar screen in operation that shows your speed on the screen.
	Councilmember Johnson asked about the progress on the Rosehill Road traffic light.  Engineer Bennett responded that a traffic count is in progress now.  Councilmember Johnson also had request a request for the speed to be reduced from 45 to 35 on Ramsey Street to Country Club because it is largely residential.
	Councilmember Dawkins stated he has noticed two or three piles of trash that had been on Morganton Road since October 29 and requested Mr. Smith check into this.  He also asked Mr. Smith to check on the holiday schedule for trash pickup so that it can run as smoothly as possible.  Mr. Smith responded that this will be an item on the next agenda.
	Councilmember McBryde stated that he receives many complaints from merchants on Hay Street, especially along the 300 block.  This is due to people using the street and doorways of businesses for relieving themselves in both ways while going to and from the “love lunches" and while waiting for buses.  There was lengthy discussion on how to alleviate this problem and some suggestions were to have public restrooms, portapotties, and an ordinance to be drawn up establishing a law against this problem.
	Councilmember Wofford requested a Policy Committee meeting to be set soon.  He also wanted Council to take special notice of his letter regarding the Blue Law.
	Mayor Hurley asked Council to reserve Sunday, December 4, 5:00 p.m. for the Candlelight Tour.
	There will be a resolution drafted for our appreciation to the military.
	Councilmember McBryde offered motion, seconded by Councilmember Wofford to go into executive session for the litigation and personnel matters at 10:10 p.m.
	Council reconvened and there being no further business adjourned at 10:55 p.m.
REGULAR MEETING
MONDAY, NOVEMBER 21, 1983
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
MONDAY, NOVEMBER 21, 1983
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, City Attorney
	Mayor Hurley called the meeting to order and recognized Boy Scout Troop 709 from Westminster Presbyterian Church.  Mayor Hurley then called on the Rev. Edgar Lineberger, LaFayette Memorial Park for the invocation.  Following the invocation, Scout Stuart Copenhaver led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley then recognized Fayetteville Youth Council members present in the audience.
	Mayor Hurley stated that the City Attorney had requested an executive session at the end of this meeting, to consider litigation and personnel matters.
	The City Manager then distributed minutes of the last regular meeting on November 14, and suggested that since Council had not had the opportunity to read them they be carried over for action at the next meeting of the Council and this was satisfactory.
1.	Consent:
	Approval of the minutes of the regular meeting of November 14, 1983 (continued to the next meeting.).
A.	Mr. Wofford then offered motion for approval of consent items, 1B through 1I, seconded by Mr. McBryde and carried unanimously.
	They appear below.
B.	Set public hearing for December 19, 1983 to consider Collier Drive Redevelopment Plan.
C.	Set public hearing for December 19, 1983 to consider amended Central Business District Redevelopment Plan.
D.	Set public hearing for December 19, 1983 to consider Urban Development Action Grant (UDAG).
E.	Set public hearing for December 19, 1983 to consider Section 108 Loan Guarantee.
F.	Set public hearing for December 19, 1983 to consider a resolution requiring the laying of sidewalks on Raeford Road (North side) from Magnolia Street to the southeastern corner of Lot 1, Plat Book 8, Page 46, Cumberland County Registry.
	PRELIMINARY RESOLUTION REQUIRING THE LAYING OF SIDEWALKS PURSUANT TO PETITION ON RAEFORD ROAD.  RESOLUTION NO. R1983-60.
	A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1983.
G.	Set public hearing for December 19, 1983 to consider a request for a special use permit for the operation of an antique shop, decorator shop, art, prints, cards, gifts, furniture and interior accessories, in a P-2 Professional District as provided for in the Fayetteville Zoning Ordinance Section 32-27 for an area located at 806 Hay Street.
H.	Adoption of amendment of Section 28-22 (b) of the Fayetteville City Code establishing a first level review with the Airport Manager of taxicab violations at the Fayetteville Municipal Airport.  (Second Reading).
	AN ORDINANCE OF THE FAYETTEVILLE CITY CODE AMENDING SECTION 28-22 ANNUAL FEE, AIRPORT DECAL OPERATION AT AIRPORT OF THE FAYETTEVILLE CITY CODE.  ORDINANCE S1983-20.
	The foregoing ordinance is on file in the Clerk's office in Ordinance Book S1983.
I.	Authorize County of Cumberland to sell Lot #3, New Settlement, (1010 Weiss Avenue) for a minimum amount of $1,431.00.  (Foreclosure cost).
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY 1010 WEISS AVENUE.  RESOLUTION NO. R1983-60A.
	A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1983.
2.	PUBLIC HEARING:
A.	Consideration of resolution approving (110) certificates of public convenience and necessity for period beginning January 1, 1984 and ending December 31, 1984.  (Second Reading).  Recommended action was adoption of the resolution.
	No one was present for or against.
	Rev. Johnson offered motion for approval by adoption of the resolution on second reading, seconded by Mrs. Evans and carried unanimously.
	RESOLUTION - CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY. RESOLUTION NO. R1983-61.
	A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1983.
3.	PLANNING BOARD MATTERS:
	Consideration of Thomas Wood Subdivision in an R10 Residential District for Preliminary and Final Revision Review located off Regiment Drive.  The recommended action was Planning Board recommends conditional approval.  Planner Mitchell presented this matter and stated that Planning Board's recommendation was to approve the revised plat as submitted subject to conditions excluding #6 which was that the developer provide a connector street with a fifty foot right-of-way to Damascus Road as previously submitted and approved.
	Mr. Dawkins requested permission to abstain in voting on this matter, and permission was granted.
	Mr.  Mitchell displayed a map of the area and there was then some discussion.
	Following this discussion, Mrs. Evans offered motion that we approve changing number 6, that the developer dedicate a fifty foot right-of-way to Damascus Road and the matter to be resubmitted to the Engineering Department for approval, seconded by Mr. Wofford and carried, Rev. Johnson voting no and Mr. Dawkins abstaining.
4.	Consideration of award of contract to Planning South, Inc. for Parks and Recreation Master Plan.  The recommended action was to authorize the City Manager to execute the contract.
	The City Manager presented the proposed contract, and stated that funding had been approved.  Following brief discussion, Mr. Wofford offered motion to authorize the City Manager to execute the contract, seconded by Rev. Johnson and carried unanimously.
5.	Consideration of bids for a Shop Van with mounted aerial device for the Engineering Department.  The recommended action was to award to Baker Equipment Company, the bidder meeting specifications, for his bid of $25,569.00.
	Mrs. Evans offered motion for approval of the foregoing as recommended, seconded by Rev. Johnson and carried unanimously.
	(The low bidder, Mapp Enterprises, Inc. did not meet bid specifications).
6.	Appearance by Mrs. Naomi Simmons regarding one hour parking on Person Street.
	Council recognized Mrs. Simmons who stated she was the owner and operator of the La Lo Beauty Salon at 138 Person Street, and she requested that City Council reconsider its one hour parking ordinance on Person Street.  She stated her business is an old establishment and a number of customers are elderly ladies who find it more accessible to park in front of the salon.  She stated she felt by forcing these individuals to park further away, that it would jeopardize both their health and her business.  She said she felt the ordinance was working a hardship on her and that she would lose these valuable customers which are an asset to both herself and the City.  She urged Council to reconsider their position on this issue, which was of the utmost importance to her establishment.  She stated specifically she wished the parking changed back to two hours for the first block of Person Street where her business is located or authorize her to issue windshield plaques to her customers.
	There was then some discussion of this matter.  Mrs. Evans then offered motion that we change the parking on Person Street from one hour to two hours.  Motion seconded by Rev. Johnson.
	There was then some discussion and the question was called.  Mayor Hurley took a vote on ceasing debate on the matter, but it failed.
	Mayor Hurley then asked for a vote on the motion and it was as follows: For the motion, Councilmembers Wofford, Jones, Evans and Johnson.  Against the motion, Mayor Hurley, Councilmembers Dawkins and McBryde.
	It was then pointed out that Mr. Wofford had cast his vote in the affirmative in error, and really intended to vote against the motion.
	Mr. Wofford then offered motion that we not change the existing one hour parking until a survey of the Person Street merchants is made, seconded by Mr. McBryde.
	Mr. Cogswell stated that Council may reconsider this action.  Rev. Johnson then offered substitute motion that any merchant who wishes to do so, may purchase permits to extend the time which would be given to their customers in this area.  The motion was lost for lack of a second.
	Mayor Hurley then called for a vote on Mr. Wofford's motion to not change the parking and it was as follows:  For the motion, Councilmembers Wofford, McBryde, Mayor Hurley and Mr. Dawkins.  Against the motion, Councilmembers Johnson, Evans, and Jones.
	Mayor Hurley declared the motion carried.
7.	Consideration of request from Fayetteville Metropolitan Housing Authority for a letter of endorsement for a Preliminary Application to Housing Urban Development for Comprehensive Improvement Assistance Program (CIAP) funds for Project Number NC 9-2 Delona Gardens.
	The City Manager presented this matter and stated the specific request was for a letter of endorsement from the Mayor and City Council.
	Following brief discussion, Mr. McBryde offered motion, seconded by Mr. Wofford and carried unanimously to grant the letter of endorsement as requested.
8.	Consideration of amendment to Chapter 20 of the Fayetteville City Code regarding removal of abandoned motor vehicles from public and private property.  The recommended action was adoption of the ordinance.
	The City Attorney presented this matter and outlined the provisions of the proposed amendment.  He stated the 1983 session of the General Assembly had amended the General Statutes regarding the removal of abandoned vehicles from public and private property.  The amendments to the General Statutes are consistent with the recent court decisions regarding the due process, to which owners of these vehicles are entitled.  The proposed ordinance amends the City Code to be consistent with these amendments.  He recommended adoption.
	Following brief discussion, Mrs. Evans offered motion for adoption of the ordinance as recommended, seconded by Mr. Jones and carried unanimously. 
	AN ORDINANCE AMENDING CHAPTER 20 MOTOR VEHICLES AND TRAFFIC, CREATING A NEW ARTICLE X, ABANDONED MOTOR VEHICLES.  ORDINANCE NO. S1983-21.
	A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1983.
9.	APPOINTMENTS:
A.	Appearance Commission.
	Mrs. Evans nominated Mr. Frank MacMillan.  Mr. Wofford nominated Brad Goodrum, John Monaghan, Mrs. Pat Garber and Mrs. Libba Pate.
	Mayor Hurley stated these nominations would be considered at the next meeting.
B.	Taxicab Review Board.
	Mrs. Evans nominated Joe Marshall.  Rev. Johnson nominated Johnny Godwin and Mr. Jones nominated William Baxley as the alternate member.
	Mayor Hurley stated that these nominations would be considered at the next meeting.
C.	Nominations for three vacancies on the Historic Properties Commission.
	Rev. Johnson nominated Dr. Charles Speegle.  Mr. Wofford nominated Mrs. Rosalie Kelly.  Mr. Jones nominated Rev. Robert Ladehoff.
	Mayor Hurley stated these nominees would be considered at the next meeting.
D.	Nomination to fill the unexpired term of Mr. M. J. Weeks on the Fayetteville Revitalization Commission.  (Term to expire in June, 1985)
	Mayor Hurley nominated Mr. John Broadwell.  Rev. Johnson nominated Alnetha Robinson.
	Mayor Hurley stated these nominees would be considered at the next meeting.
E.	Election of nominee to the Fayetteville Redevelopment Commission.
	Nomination of Mr. Tom Daniel, the incumbent had been made at the November 14th meeting, and Mr. McBryde offered motion, seconded by Mr. Dawkins and carried unanimously to reappoint Mr. Tom Daniel to this commission for a five year term of office, said term running to December, 1988.
10.	CITY MANAGER REPORTS;
A.	Report on City employee Safety Program.
	The City Manager gave the Council a report on the Safety Program of the City and stated our Insurance and Risk Management Advisory Committee has recommended that the City seek assistance on a consulting basis, and also consider employing the equivalent of a full-time Safety Director.  He stated he concurred in both recommendations.  Funds for consulting services are in the recommended budget up to $10,000.  Currently, the City utilizes on the General Inspectors in the Inspections Department as City Safety Officers.  He stated he felt the equivalent of a full-time person was needed.  The funds for this position are available in other appropriations (salaries) if it is decided to employ someone.
	The City Manager concluded by stating that in order to implement and administer the safety program, he intends to appoint a full-time Safety Administrator by the end of this calendar year.  The implementation of these programs accomplishes on of the major goals outlined during last year's budget process.
B.	Holiday garbage collection schedule.
	The City Manager stated he had communicated with Mr. Clark Dill with his thoughts on the various alternatives for scheduling holiday garbage collection.  He stated he agreed with Mr. Dill that when we have switched holidays in the past, it had created confusion.  However, I also realize that we have not had a year in which so many holidays fall on the Monday/Tuesday routes as this year.  Because of the concern expressed to members of City Council regarding this problem, I suggest that we try switching the Christmas and New Years holidays from Monday to Friday for Sanitation Department personnel only.  There is general more to be collected during the week after Christmas then during the week before, therefore there is some rationale to having two pickups following Christmas and only one the week before.  We would do a media blitz prior to the holidays announcing our schedule.  I suggest we try this on a one time basis and evaluate the results after the holidays before implementing any new uniform policy.  He concluded by stating that he will make an additional recommendation for 1984-1985.
	Mr. Wofford suggested that notices be placed on the carts in addition to the other media publication.
	The City Manager replied that these proposals will be given full coverage through the media.
	Following brief discussion, Mr. Dawkins offered motion for approval of the proposed scheduled as outlined by the City Manager, seconded by Rev. Johnson and carried unanimously.
C.	Report on proposed health insurance for retired City employees.
	The City Manager gave a report on this as follows:
	Health Insurance Retirees.
	Plan A - Self Insured, $10,000 maximum benefit.  All regular retirees - full retirement, Exclusions: Age 65 covered under other groups, disability retirees.
	Blue Cross/Blue Shield Policy - $10,000 deductible - retiree expense.
	Plan B - Plan A plus City pay for Blue Cross/Blue Shield policy.  If retiree does not qualify for Blue Cross/Blue Shield City will purchase conversion policy from Mid-South.  Would only recommend a two year trial basis for employees retiring during the trial period.
D.	Report on proposed Police Department reorganization.
	The City Manager gave a report on this matter and distributed organizational charts for the Police Department.  He displayed charts and provided information regarding the reorganization.  He stated that under the present organization, Sergeants report to Sergeants and Captains report to Captains.  He stated that promotional opportunities are limited.  He displayed a proposed chart to change and update the organization.  He stated there would be created new offices.  He stated that the proposal is to build from the bottom up.  He stated he would look first at the platoon structure this week.  He stated he had scheduled additional meetings in December, January and February and, following these meetings, would report back to the City Council.
	Mayor Hurley extended thanks to the City Manager for this information.
E.	On a final matter, the City Manager reported on the Hay Street Transit Mall and stated that bids would be opened on December 20, 1983 and that he would come back to the City Council with recommendations in January and hopefully construction would began in February, 1984.
11.	DELEGATIONS:
	Council recognized Mr. Jarvis Jones.  He stated the City had requested through the City Engineer an easement on property owned by him in the City.  He stated he had refused the request because a number of easements already existed on the property and he did not want to grant any more.  He stated the easement was then secured through condemnation and he received $105.00.  He requested payment of $850.00 for the easement, in view of the tax amount on the property.
	Mr. Jones stated he also owned a tract of land on North Street and that two easements had been given over the property, one for Methodist College and one for an outfall.  He stated the property had been drained by a ditch.  He stated he had given the right-of-way for a street.  He said the property is now flooded because the drainage ditch is closed.  He requested that the City consider buying the property from him.  He stated he had discussed these matters with both the City Engineer and the City Manager, but no action had been taken to his knowledge.
	The City Manager informed Council that he will make a complete report on these matters at the next meeting of the Council.
12.	MATTERS OF INTEREST TO THE CITY COUNCIL:
	Mr. Dawkins reminded the Council and all those present in the Council Chamber concerning the Candle Light Tour and the Christmas Tree Lighting in the early part of December, and encouraged everyone to attend.
	Mr. Wofford set a tentative meeting of the Policy Committee for 7:00 P.M. on December 6, 1983 in the Kyle House.
	Mr. McBryde asked the City Engineer if the Department of Transportation has the necessary funds to resurface Rowan Street and Robeson Street.  The City Engineer stated he would check this out.
	Mr. McBryde commented on the traffic signal at the corner of Anderson Street and Maiden Lane and asked if it was necessary.  The City Engineer replied that it was.  The City Engineer stated that a traffic signal is also scheduled to be reinstalled at the intersection of Old Street and Anderson Street.
	Mr. Dawkins commented on the beginning of the leaf pickup in the City and encouraged all residents to cooperate with the Sanitation Department in this effort.
	Mr. Jones asked about the progress in the 500 block of Hay Street.  The City Attorney replied that all tenants should be out by mid December, except for two parcels.
	Mr. Jones stated there was a sign behind City Hall in the parking lot which read reserved for the City Purchasing Agent.  He stated he had parked there to transact some business in City Hall, and a short time later when he returned found that he had been written a citation.  He asked if this sign was necessary.  Mr. McGugan replied that two spaces were set aside there for use by the Courier and City Buildings/Maintenance Personnel.
	Mayor Hurley commented that TV 5 and 11 were doing some positive coverage for the City.
	Mayor Hurley reminded the Council of the swearing in ceremony at the next meeting of the Council on December 5th and of the reception after the meeting.
	Mayor Hurley recognized Police Officer, Danny Dixon, Jr. and thanked him for his attendance this evening and expressed the hope that his father, Police Chief Dixon was recuperating satisfactorily.
	Mr. McBryde then offered motion at 9:35 P.M. that Council enter into executive session to consider litigation and personnel matters only.  Motion seconded by Rev. Johnson and carried unanimously.
	Council reconvened into regular session at 9:50 p.m.
	Council recognized the City Attorney who stated that on November 10, 1983 he had received a request from two police officers that the City of Fayetteville provide legal representation for them in the defense of a law suit filed against them by Mr. Eugene Murphy, an individual who was arrested by them on September 24, 1982.   In making this request, they certified to the City that their acts in arresting the Plaintiff were during the course as called by their employment.
	The two police officers were Officer J. R. Shupe and Officer Gary Scearce. The City Attorney recommended that Council authorize him to represent them in this case.
	Mrs. Evans then offered motion, seconded by Mr. McBryde and carried unanimously that the City Attorney be and he hereby is authorized to represent the two aforementioned officers in this case.
	Thereafter, all matters of business having been completed, this regular session was adjourned at 9:55 P.M. upon motion made and duly seconded.
	SPECIAL MEETING
	MONDAY, DECEMBER 5, 1983
SPECIAL MEETING
CITY HALL COUNCIL CHAMBER
MONDAY, DECEMBER 5, 1983
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, City Attorney
	Mayor Hurley called the meeting to order.
1.	Approval of minutes of the regular meeting of November 14, 1983.  Mr. McBryde offered motion for approval, seconded by Mr. Wofford and carried unanimously.
2.	Approval of minutes of regular meeting of November 21, 1983.  Mr. McBryde offered motion, seconded by Mr. Jones for approval and carried unanimously.
3.	Election of nominations previously made to the following:
A.	Appearance Commission.  Rev. Johnson offered motion, seconded by Mr. Dawkins for election of the following:  Mr. Frank McMillan, Mr. Brad Goodrum, Mr. John Monaghan, Jr., Mrs. Pat Garber, and Mrs. Libba Pate.
B.	Taxicab Review Board.  Mr. Dawkins offered motion, seconded by Rev. Johnson for appointment of the following:  Mr. Joe Marshall, Mr. Johnny Godwin, and Mr. William Baxley. (Alternate)
C.	Historic Properties Commission.  Mr. Dawkins offered motion, seconded by Mr. McBryde for election of the following named:  Dr. Charles Speegle, Mrs. Rosalie Kelly, and Rev. Robert Ladeoff.
D.	Fayetteville Revitalization Commission.  Two nominees had been named for one seat on this Commission.  Mr. Jones offered motion that this appointment be put off until the next meeting.  The motion died for lack of a second.
	Mayor Hurley called for a vote and Mr. Dohn Broadwell was elected to this Commission.
	Mayor Hurley stated that the other nominee, Alnetha Robinson would be considered for appointment for the next vacancy on the Revitalization Commission.
4.	Consideration of the acceptance of the certification of the November 8, 1983 election by the Board of Elections.
	City Attorney Cogswell stated that this could be considered and acted upon at this time since this was regular meeting time.
	Mrs. Evans then offered motion for acceptance of the certification, seconded by Mr. Wofford and carried unanimously.
	A copy of the certification appears below:
	CUMBERLAND COUNTY			NOVEMBER 10, 1983
	NORTH CAROLINA
	We, the undersigned Board of Elections of Cumberland County, North Carolina, do hereby certify that we met in the Courthouse at 11:00 AM on Thursday, November 10, 1983, and after canvassing the original returns of the Registrars and Judges of Election of the votes cast in the Municipal Election for Mayor and City Council in the City of Fayetteville, N. C., held on November 8th, 1983, we do hereby certify that the following are true and correct totals of votes cast for the following candidates in said returns.
		CANDIDATES			VOTES RECEIVED
		FOR MAYOR
		JOHN W. (BILL) HURLEY			5,918
		FOR CITY COUNCIL
		ROBERT M. BEATTY				1,784
		J.L. DAWKINS					4,376
		MILDRED EVANS					4,042
		EMARETTA T. FELTON				2,922
		MARTHA BELL HAYES				1,228
		AARON J. JOHNSON				4,582
		J.W. (JIMMIE) JONES				3,675
		FRANK MILO MCBRYDE				4,107
		M.R. (MILT) WOFFORD				3,497
		MARY E. WRIGHT					1,461
	We, therefore, certify that we have judicially determined that the votes received for candidates for Mayor and City Council resulted in the election of the following candidates:
		FOR MAYOR:		JOHN W. (BILL) HURLEY
		FOR CITY COUNCIL:	J. L. DAWKINS
						MILDRED EVANS
						AARON J. JOHNSON
						J.W. (JIMMIE) JONES
						FRANK MILO MCBRYDE
						M.R. (MILT) WOFFORD
	Given under our hand and seal this 10th day of November 1983.
	CUMBERLAND COUNTY BOARD OF ELECTIONS
	W. Lyndo Tippett Chairman
	Richard Bishop Member
	Arthur Jones Member
5.	Other Business.  There was none.
6.	Mayor Hurley then declared this special session adjourned and the City Councilmembers took their seats down front.
REGULAR MEETING
MONDAY, DECEMBER 5, 1983
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
MONDAY, DECEMBER 5, 1983
7:00 P.M.
	Mayor Elect Hurley called the meeting to order and the invocation was offered by the Rev. C.R. Edwards, First Baptist Church.  Following the invocation, the audience was led in the Pledge of Allegiance.
	Mayor Elect Hurley then recognized Fayetteville Youth Council Representatives present in the audience.
	Mayor Elect Hurley also recognized special guests present in the audience.  They were:  Sandy Hurley and Todd Hurley, his wife and son.  Mr. Dawkins recognized Mary Ann Dawkins, Johnny Dawkins, and his daughter-in-law, Donna.
	Mr. Wofford recognized his wife, Lucy and daughter Ann.
	Mr. McBryde recognized his wife, Lorene and daughter Bland.
	Rev. Johnson recognized his wife, Mattie, son Jamale, and some church . . . .
	Mr. Jones recognized his wife, Rosa and daughter.
	Mrs. Evans stated that her husband, Monroe was absent this evening due to teaching school.
	Mayor Elect Hurley also recognized City Manager Smith's mother and his wife, Sally, and Carol Stancil, wife of Assistant City Manager, Roger Stancil.  Mayor Elect Hurley stated that there would refreshments served in the lower lobby after the meeting.
	Mayor Elect Hurley then recognized Jack Wilson of the City Parks and Recreation Department who introduced Mr. Bill Scott of the Scotland County Recreation Department and North Carolina Parks and Recreation Association who called on Mr. George Crumbley, Fayetteville Parks and Recreation Department and presented him with a certificate and gold pin for 30 years of service in recreation to the City.
	Mayor Elect Hurley then read a resolution from the North Carolina League of Municipalities, honoring Mr. J. O. Tally, Jr., deceased.  A copy of the resolution appears below.
NORTH CAROLINA LEAGUE OF MUNICIPALITIES
RESOLUTION
J. O. TALLY, JR.
	WHEREAS, J. O. Tally, Jr. served as Mayor of Fayetteville from 1949 until 1953 and also later served as Fayetteville City Attorney; and
	WHEREAS, J. O. Tally, Jr. in addition to his dedicated service to the City of Fayetteville, performed valuable services to the North Carolina League of Municipalities by serving as its President for the year 1952-1953; and
	WHEREAS, J. O. Tally, Jr. passed away on October 14, 1983,
	NOW, THEREFORE, BE IT RESOLVED by the North Carolina League of Municipalities, in Annual Convention assembled this 1st day of November, 1983, that the delegates express their sorrow at the passing of J.O. Tally, Jr. who made valuable contributions to his City, to local government in North Carolina, and to this North Carolina League of Municipalities, and whose memory they are proud to honor.
	BE IT FURTHER RESOLVED that this resolution be made a permanent record of the North Carolina League of Municipalities, and that copies be forwarded to the City of Fayetteville and to the family of J.O. Tally, Jr.
	ATTEST:
	S. LEIGH WILSON			ANDREW M. KISTLER, II
Executive Director			President
	City Attorney Cogswell was recognized and stated that Mr. Tally was a tremendous help to him.
	Mayor Elect Hurley then called on Superior Court Judge Coy E. Brewer, Jr. who stated that this was an very important night and a challenge to each one on the Council to recommit himself to do the best they can in the next two years.  Judge Brewer then administered the Oath of Office to the Councilmembers and offered his congratulations.
	Judge Brewer then administered the Oath of Office to Mayor Elect Hurley and extended congratulations to him.
	Mayor Hurley then presented framed certificates of election to the City Council from the Cumberland County Board of Elections.
1.	Remarks by Mayor Bill Hurley
	Mayor Hurley stated that it seemed only a few short months ago since the last election.  He thanked Judge Brewer for his nice remarks.  He stated that a lot of the work is done by other persons.  He stated it took courage to do what must be done and that he had seen leadership in the City Councilmembers in difficult decisions.  He stated that the Revitalization Program has moved forward and that he can see even more energetic moves in the next two years.  He stated the Council had supported the library effort.  He remarked about Cablevision, Leaf Pickup, Parking, and the Blue Law.  He stated he sees some priority items, such as Revitalization, appointment of a Blue Ribbon Study Commission on the Sign Ordinance, the reorganization of the Cumberland County Governmental Association, the Linear Park on Cross Creek, the Clean Community Program, and planning on major projects.  He stated that he had enjoyed the past two years with the Councilmembers and was extremely happy that all had been re-elected.  Councilmen Dawkins, addressing Mayor Hurley, stated that he and the Council think that he is truly a part of the Council.
	Mayor Hurley and the City Councilmembers were then seated.  The first order of business was:
2.	Organization of the City Council - election of Mayor Pro-Tempore.
	Mayor Hurley stated he would receive nominations and Mr. Dawkins nominated Rev. Aaron J. Johnson as the Mayor Pro Tem.  Motion was seconded by Mr. McBryde.  Mr. Jones called the question and it carried unanimously.  Mayor Pro Tem Johnson then extended thanks to the Council for their vote of confidence and recognized friends in the audience from Willard, North Carolina.
3.	PUBLIC WORKS COMMISSION MATTERS:
	Chairman Robert Butler was recognized and congratulated the Mayor and City Council on their re-election and called on PWC Manager Muench for presentation of the PWC items.
A.	Review bids received November 15, 1983, for construction of sludge drying beds at Cross Creek Wastewater Treatment Plant.  The low bid by D. R. Allen & Son, Inc., in the amount of $309,000 is recommended by Public Works Commission.  If City Council approves the recommended low bid, it is respectfully requested that authorization for the Mayor and Clerk to execute the contract documents be included in the motion to approve.
	Mr. Wofford offered motion to accept the low bid as recommended and to authorize the Mayor and Clerk to execute the documents.  Motion seconded by Rev. Johnson and carried unanimously.
B.	Review bids received November 22, 1983, for purchases of the following equipment and materials:
	1.	Two pickup trucks (½-ton).  The low net bid by LaFayette Ford Company in the amount of $12,290 is recommended.
	2.	One tractor backhoe and loader.  The low bid by Quality Tractor Sales and Service in the amount $21,733 is recommended.
	3.	1,104 (truckload) of 8-foot crossarms.  The low alternate bid by Mill-Power Supply Company in the amount of $13,159.68 for fir crossarms is recommended.
	4.	100,000 feet of aluminum underground electric cable.  The low firm bid by Rigby Electric Supply Company in the amount of $98,900 is recommended.
	Mr. McBryde offered motion for approval of all four of the foregoing bidders as recommended, seconded by Mrs. Evans and carried unanimously.
	PWC representatives were then excused.
	Prior to consideration of the next item, Mr. Dawkins stated that a new road will definitely be built off Sycamore Dairy Road by the Department of Transportation and asked for permission to abstain from voting on Item 4.  Permission was granted.
4.	Reconsideration of Thomas Wood Subdivision in an R10 Residential District for preliminary and final revision review located off Regiment Drive.
	Mr. McBryde stated that this matter was back on the agenda at the request of Attorney Herb Thorpe.
	Planning Department Representative Evelyn Dorsey displayed projections and presented details on the matter.
	Council recognized Attorney Stuart Clark for Mr. Herbert Thorpe, who presented objections to the connection with Damascus Road across the lots of the subdivision.  He requested that Council reconsider its motion of November 21.
	Council also recognized Mr. Terry Kizer, a resident of Huntington Park who stated that the streets are narrow and winding, and not designed for through traffic.  He stated there were no parks or sidewalks and that they were opposed to a major thoroughfare in the neighborhood.
	Council also recognized Mr. David Green, a resident of Regiment Drive in opposition to through traffic on Regiment Drive.
	The City Engineer was recognized and presented information on the need for a connector road and provided Council with some statistical information regarding vehicular operation costs for access into and out of the subdivision.
	Following some discussion Mrs. Evans offered motion to continue this matter until the City Engineer can give an alternate plan, seconded by Mr. Jones.
	Mr. Thomas Wood, the developer was recognized with remarks on the plan, and stated that a delay would hurt him.
	Mr. McBryde then offered substitute motion to approve as Planning Board approved, seconded by Rev. Johnson.  Mayor Hurley called for a vote on the motion and it was as follows:  For the motion, Councilmembers Hurley, Johnson, McBryde; Against the motion, Councilmembers Evans, Jones and Wofford.  Mr. Dawkins abstaining.  Mayor Hurley declared the vote tied.
	Mrs. Evans then withdrew her original motion and Mr. Jones his second, and moved that Council approve the plan except that developer give a 50 foot easement for a future road.  Following some further discussion Mrs. Evans withdrew this motion since this was the action taken at the prior meeting.
	There were no further motions offered and no further action was taken on this matter.
5.	Consideration of awarding City Contract No. 12-295-83 - Air Cargo Facility and Contract No. 13-296-83 - Water line to serve the Air Cargo Facility.
	Airport Manager Earl Dennis presented this matter and stated the recommendation was to award the contract to the low bidders as follows:  General, Sanford Metal Building Company, $64,700.  Electrical, King Electric Company, $9,194.00.  Plumbing, Town and Country Plumbing Company, $10,450. Mechanical, Cape Fear Heating and Air Conditioning, $10,965.00.  Four (4) inch water line, Town and Country Plumbing, $5,575.00.  City Contract 13-296-83, 8 inch water line, McDonald Grading Company, 16,628.10.  Mr. McBryde offered motion for approval of all of the foregoing as recommended, seconded by Rev. Johnson and carried unanimously.
6.	Consideration of award of contract to purchase a street sweeper.  The recommended action was to award the contract to A. E. Finley & Associates, Inc. for the bid of $71,158.00.
	The City Manager presented this matter and recommended approval.
	Rev. Johnson offered motion for approval of the foregoing as recommended, seconded by Mr. Dawkins and carried unanimously.
7.	Resolution authorizing the sale of City of Fayetteville Property - Adams Court
	The City Attorney requested deferment of this item to the next meeting.
8.	Consideration of a waiver of interest of $48.23 on assessment of street paving at 718 Murray Hill Road, Charles and Jean Whitehead property.  The recommended action was approval.  The City Manager presented this item and stated that the assessment in question was apparently sent to the wrong address, which is why payment was late.  Under the circumstances, it is recommended that the waiver of interest be approved.  The assessment has been paid.  The interest payment was withheld pending City Council action on the request for waiver.
	Mr. McBryde then offered motion, seconded by Rev. Johnson for approval of the waiver of interest as recommended.  Motion carried unanimously.
9.	CITY MANAGER'S REPORTS:
A.	Report on request by Mr. Jarvis Jones regarding easement across his property.  The City Manager requested that this matter be delayed and no action was taken by the Council.
B.	Report on Person Street parking survey.
	The City Manager reported that Transportation Planner, Terry L. Bellamy had done an extensive survey, which is included in the agenda packet this evening.  The survey revealed that nine persons were satisfied and that nine wanted longer than one hour.  He stated that Person Street will change anyway in the near future.  He stated any action by Council would be an interim solution only.  He suggested possibly a mixed parking arrangement.  He stated it was also indicated that interest in parking meters by the merchants had been stated.
	Rev. Johnson then offered motion that Council delay any action on this matter until the City Manager is ready to make a comprehensive recommendation.  Motion seconded by Mr. Jones.
	Following some discussion Rev. Johnson withdrew his motion and Mr. Jones, his second.
	Mrs. Evans then offered motion to make two-hour parking on Person Street and consider meters.  Motion seconded by Rev. Johnson.  Mayor Hurley called for a vote on the motion and it was as follows:  For the motion, Councilmembers Johnson, Evans, Jones, and Wofford.  Against the motion, Mayor Hurley, Councilmembers Dawkins and McBryde.  Mayor Hurley declared the motion carried.
C.	Consideration of change of January 2, 1984 regular meeting date.
	Mr. McBryde offered motion to change the January 2, 1984 meeting to January 3, 1984, seconded by Mr. Wofford and carried unanimously.
10.	DELEGATIONS:
	Council recognized Mr. E. D. Calhoun on a property question.  Mr. Calhoun was referred to the City Attorney.
11.	MATTERS OF INTEREST TO THE COUNCIL:
	Mr. Wofford stated the Policy Committee meeting scheduled for December 6, had been cancelled.
	Mr. McBryde asked City Engineer Bennett about the traffic signal at the intersection of Anderson Street and Maiden Lane and stated that there appeared to be no need for the light.
	The City Engineer replied that this light was in the plan, but that he would recheck it.
	Mr. McBryde asked about the Robeson Street and Rowan Street paving.  The City Engineer replied that DOT had promised this paving would be completed before Christmas.
	Mr. Jones presented the City Engineer with a letter for a reply.
	Mayor Hurley then extended thanks to all who were present this evening and to the Police Officer.  Mayor Hurley also thanked County Commissioner Mary McAllister for attending this evening.
	Mayor Hurley then declared this session adjourned at 9:00 P.M. upon motion made and duly seconded.
REGULAR MEETING
MONDAY, DECEMBER 19, 1983
REGULAR MEETING
CITY HALL COUNCIL CHAMBER
MONDAY, DECEMBER 19, 1983
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, City Attorney
	Mayor Hurley called the meeting to order and the invocation was offered by the Rev. Bob Carter, Chaplain, Cape Fear Valley Hospital.  Following the invocation Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag.
	Mayor Hurley then recognized Fayetteville Youth Council Representatives in the audience.
	Mr. Wofford  then offered notion that the minutes of December 5, 1983 be corrected to show that it was a regular meeting and not a special meeting, seconded by Mr. Dawkins and carried unanimously.
	Rev. Johnson stated that the minutes of December 5 also did not reflect the presence of his wife Mattie and son Jamale.  The City Manager informed Council that Item 1F had been added to the consent agenda.
1.	CONSENT:
	Mr. Jones then offered motion, seconded by Mr. Wofford and carried unanimously to approve the consent items with the addition of Item 1F and the corrections as noted.
A.	Approval of the minutes of the regular meeting of December 5, 1983 as corrected.
B.	Approval of the K.D. Hondros property in an R6 Residential District for zero lot line review located on the north aide of Bragg Boulevard between Claude Street and Tally-Ho Street.
C.	Approval of Lenox Office Building (Condominium) in a P-2 Professional District for group development review located at 209 Fairway Drive.
D.	Approval of resolution of sale of property to Robert J. Thompson for $9,000.00  (Parcels No. M12, M13 Murchison Road Redevelopment area).
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY TO ROBERT THOMPSON FOR $9,000.  RESOLUTION NO. R1983-62.
E.	Approval of Consultant Contract to provide administration, inspection and resident engineering for the expansion of the Airport Terminal Building in the amount of $45,950.
F.	Set public hearing for the paving pursuant to petition of Myrover Street from Hay Street to Branson Street by the adoption of a resolution for January 16, 1984.
	PRELIMINARY RESOLUTION REQUIRING THE PAVING PURSUANT TO PETITION OF MYROVER STREET.  RESOLUTION NO. R1983-63.
	Mayor Hurley then called for a show of hands of persons in the audience interested in the Thomas Wood Subdivision item.  There were approximately 100 persons present.
	Mayor Hurley then moved this item (Item 6) up for consideration first.
6.	Reconsideration of Thomas Wood Subdivision in an R10 Residential District for Preliminary and Final Revision Review located off Regiment Drive.
	Mr. Dawkins requested permission to abstain from voting on this item and PWC Item 3A and permission was granted.
	Mayor Hurley said that this was not a regular public hearing, but City Council will permit persons to speak.  Mayor Hurley stated this matter had been brought to City Council about three meetings ago and that the planning staff recommended that a right-of-way be there for a future street.  Planning Board reversed the recommendation so there would be no access except through Regiment Drive.  Two meetings ago, Council approved the right-of-way  reservation for a future street to join Damascus Drive and that is where the matter stands today.
	A Mr. Whitehead was recognized and asked questions about a roadway.  The Mayor stated that particular roadway was not relevant.
	Mayor Hurley then stated the possible pros and cons of a through street.  Mr. Wofford stated this is not a highway, but a 50 foot right-of-way. 
	Planner Mitchell displayed a map and pointed out the alternatives for streets and gave an explanation concerning police, fire, and emergency  services to the area.  There was then considerable discussion.
	Planner Mitchell stated the action at the last meeting was to leave a 50 foot right-of-way for a future street.
	Mayor Hurley then opened the meeting for public hearing and asked for those in favor of the proposed right-of-way.  There were none.  Mayor Hurley then asked for those opposed, and the following were recognized.
	Mr. Grifford Monroe of Regiment Drive, Mr. Terry Kaiser of Huntington Park who asked if all Councilmembers had received a copy of the petition.  The Mayor stated they had.  He said he was opposed to the through streets.  Approximately 100 residents then stood in opposition to the through street.  Mr. Whitehead was recognized again for the residents of Mandalay Street in opposition.  Mr. Joe McCloud of Regiment Drive was recognized in opposition to the connector and requested that the matter be returned to the Planning Board.
	Mr. Eugene Sider of Regiment Drive, Mr. Russell McDonald of Quarry Drive, and Mr. Charles Smith of Granville Drive were recognized in opposition.
	Attorney Stuart Clark was recognized for Mr. Tom Wood, the Developer in opposition to the through street.
	Mayor Hurley then declared the public hearing over.
	Following brief discussion, Mr. McBryde offered motion to follow recommendation of the Planning Board to eliminate the right-of-way for a connecting street.  Motion seconded by Rev. Johnson and carried by the following vote:  For the motion, Councilmembers McBryde, Rev. Johnson, Mayor Hurley, and Mr. Jones.  Against the motion, Councilmembers Evans and Wofford.  Mr. Dawkins abstained.
2.	Mayor Hurley then moved back to Item 2 on the agenda, Public Hearings:
A.	Consideration of resolution approving Urban Renewal Plan and the feasibility of relocation for the Collier Drive community development program.
	Council recognized Mr. Richard Herrera who presented this matter.  There were neither pro nor con present.  Mr. Wofford then offered motion, seconded by Rev. Johnson for adoption of the resolution.  Motion carried unanimously.
	RESOLUTION OF THE FAYETTEVILLE CITY COUNCIL APPROVING URBAN RENEWAL PLAN AND FEASIBILITY OF RELOCATION FOR THE COLLIER DRIVE COMMUNITY DEVELOPMENT PROGRAM 1983-1984 PROGRAM YEAR.   RESOLUTION NO. R1983-64.
B.	Consideration of resolution approving redevelopment plan for the Central Business District amended action year 1983.
	Mr. Richard Herrera presented this matter, and Mr. John Monaghan of Fayetteville Progress was recognized in favor.  There was no opposition present.
	Mr. McBryde offered motion, seconded by Mr. Dawkins to adopt the resolution.  Motion carried unanimously.
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE APPROVING REDEVELOPMENT PLAN FOR THE CENTRAL BUSINESS DISTRICT AMENDED ACTION YEAR 1983.  RESOLUTION NO. R1983-65.
C.	Consideration of resolution authorizing the filing of an application for an Urban Development Action Grant (UDAG).
	Mr. Richard Herrera presented this item, and Mr. John Monaghan was recognized in favor.  There was no opposition.
	Mr. Wofford offered motion, seconded by Mr. McBryde for adoption of the resolution.  Motion carried unanimously.
	RESOLUTION OF THE FAYETTEVILLE CITY COUNCIL AUTHORIZING THE FILING OF AN APPLICATION FOR AN URBAN DEVELOPMENT ACTION GRANT (UDAG) RESOLUTION NO. R1983-66.
D.	Consideration of resolution authorizing the filing of an application for a Section 108 Loan Guarantee.
	Mr. Richard Herrera presented this matter, and Mr. John Monaghan was recognized in favor.  Also Mr. M.J. Weeks, President of Fayetteville Progress was recognized in favor for the hotel.  There was no opposition present.
	Mrs. Evans then offered motion, seconded by Mr. Dawkins and carried unanimously to adopt the resolution.
	RESOLUTION OF THE FAYETTEVILLE CITY COUNCIL AUTHORIZING THE FILING OF AN APPLICATION FOR A SECTION 108 LOAN GUARANTEE.  RESOLUTION R1983-67.
E.	Consideration of resolution requiring the laying of sidewalks on Raeford Road (North side) from Magnolia Street to the southeastern corner of Lot 1, Plat Book 8, Page 46, Cumberland County Registry.
	The City Engineer was recognized on this matter and stated the assessment would be at the rate of $3.00 per foot.
	Mr. Clinton Harris was recognized in favor and there was no opposition.
	Mrs. Evans offered motion, seconded by Mr. Wofford for adoption of the resolution and the motion carried unanimously.
	FINAL RESOLUTION REQUIRING THE LAYING OF SIDEWALKS PURSUANT TO PETITION ON RAEFORD ROAD.  RESOLUTION NO. R1983-68.
F.	Consideration of request for a special use permit for the operation of an antique shop, decorator shop, arts, prints, cards, gifts, furniture and interior accessories, in a P-2 Professional District as provided for in the Fayetteville Zoning Ordinance, Section 32-27 for an area located at 806 Hay Street.
	Planner Mitchell presented this matter and stated the Planning Board recommended conditional approval.
	Mr. John Rose was recognized in favor and there was no opposition.
	Mr. Dawkins then offered motion for approval of the special use permit, seconded by Mr. Jones and carried unanimously.
G.	Consideration of annexation of property located 3409 Boone Trail.
	Planner Mitchell presented this matter and stated the Planning Board recommended approval.  There were neither pro nor con present.
	Rev. Johnson offered motion, seconded by Mr. Jones and carried unanimously for adoption of the annexation ordinance.
	AN ORDINANCE EXTENDING THE CITY LIMITS OF FAYETTEVILLE TO INCLUDE 3409 BOONE TRAIL.  ANNEXATION ORDINANCE NO. 83-12-265.
H.	Consideration of resolution closing Adams Court.
	The City Attorney stated that Item 7 on the agenda also related to this matter.
	Mr. Clinton Harris was recognized in favor and there was no opposition.
	Mr. Wofford then offered motion for the adoption of the resolution, seconded by Mr. McBryde and carried unanimously.
	RESOLUTION AND ORDER CLOSING ADAMS COURT.  RESOLUTION NO. R1983-69.
I.	Consideration of extension of Downtown Redevelopment Loan Agreement.
	The City Attorney presented this matter and recommended approval.
	Mr. John Monaghan was recognized in favor.  There was no opposition present.
	Mrs. Evans then offered motion, seconded by Mr. Jones and carried unanimously for adoption of the resolution.
	RESOLUTION OF THE FAYETTEVILLE CITY COUNCIL EXTENDING THE DOWNTOWN FAYETTEVILLE LOAN AGREEMENT.  RESOLUTION NO. R1983-70.
J.	Consideration of preliminary resolution ordering an extension of the water distribution system into a portion of Stanberry Court.
	The City Engineer presented this matter and recommended continuance to January 3, 1984.  Since the notices were prepared but failed to be mailed in time for the property owner to receive them ten (10) days in advance of the public hearing as required by statute.
	There were neither pro nor con present.
	Mrs. Evans offered motion to continue this matter to January 3, 1984 as recommended, seconded by Mr. Dawkins and carried unanimously.
	PRELIMINARY RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM TO THE CITY OF FAYETTEVILLE, NORTH CAROLINA INTO STANBERRY COURT.  RESOLUTION NO. R1983-71.
3.	PUBLIC WORKS COMMISSION MATTERS:
A.	Consideration of contract of sale and purchase dated December 2, 1983, by and between Cumberland Water Company and the City of Fayetteville, North Carolina (Public Works Commission).
	Council recognized Mr. Jim Warner, Chairman of the PWC and Mr. Ray Muench the Manager who presented this item.  The PWC recommends approval he stated.
	Following brief discussion Mrs. Evans offered motion for approval, seconded by Mr. Jones and carried, Mr. Dawkins abstaining to vote.
B.	Consideration of resolution authorizing condemnation to acquire certain property of James Perry Dees and wife, Esther S. Dees.
	PWC Manager Muench presented this matter and recommended approval.
	Mrs. Evans offered motion for approval and adoption of the resolution, seconded by Mr. Jones and carried unanimously.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF JAMES PERRY DEES AND WIFE, ESTHER S. DEES.  RESOLUTION NO. R1983-72.
	On an additional matter, PWC Manager Muench requested that on Item 2J relating to extension of water into a portion of Stanberry Court that the resolution be amended to include sanitary sewer.
	Mr. Jones offered motion, seconded by Mrs. Evans to amend the resolution to consider water and sanitary sewer.  Motion carried unanimously.
4.	PLANNING BOARD MATTERS:
A.	Consideration of Sangaree Subdivision in an R10 Residential District for zero lot line review located on Hilton and McChoen Drives North of US 401 Bypass.
	Planner Mitchell presented this matter and stated the Planning Board recommended conditional approval.
	Mrs. Evans offered motion for conditional approval as recommended, seconded by Rev. Johnson and carried unanimously.
	Mayor Hurley then recognized Councilman Wofford who introduced his son, Russ Wofford who was home for the holidays.
5.	Consideration of request from Attorney Neil Davis concerning Hilton Drive. (Sangaree Subdivision)
	Council recognized Attorney Davis representing the current owner, Mrs. Carrie Benton, who requested that consistent with the recent annexation that the City accept the deed for 1.6 acres on the northern portion of Hilton Drive and that the paving development cost for this portion be shared equally by the City and the Developer and the remaining portion be treated as an existing street and assessed in the usual fashion - $4.00 per foot - to the abutting property owners for the paving.
	Following brief discussion Mrs. Evans offered motion to accept the deed of the property in question, seconded by Mr. Jones and carried unanimously.
	Mr. Tony Hall, a family member, was recognized and gave a presentation of the issue.
	The City Engineer presented Phase II which is that the City accept his deed offering this for dedication and recording and the request that City and Developer pay 50-50 in the cost of the paving.  He suggested that it be treated as a new subdivision street and paid for by the Developer.  The cost would be $46,000, one half of which would be $23,000.
	There was then considerable discussion of this matter.
	The City Manager then suggested deferring any further action tonight on this matter and that the staff would return with a firm recommendation at a later meeting, and this was satisfactory with Council.
6.	This matter has already been handled.
7.	Consideration of resolution authorizing the sale of City of Fayetteville property - Adams Court.
	The City Attorney presented the resolution and contractor purchase with Mr. James Breswitz and gave a detailed explanation of the contractor purchase.
	Following this Mr. Wofford offered motion for adoption of the resolution authorizing the sale, seconded by Mr. Dawkins and carried unanimously.
	RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY - ADAMS COURT - JAMES BRESWITZ - $32,800.  RESOLUTION R1983-73.
8.	Reconsideration of award of contract to Gregory Poole Equipment Company for one (1) Backhoe for Engineering Department.
	The City Attorney requested deferment of this item to the next meeting and this was satisfactory with the Council.
9.	Consideration of resolutions authorizing condemnation of rights-of-way on Stanberry Court.
	The City Engineer presented this matter and requested adoption of the resolutions.
	Mrs. Evans then offered motion for adoption of the resolutions as requested, seconded by Mr. Dawkins and carried unanimously.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. PARCELS S-4 AND S-5, STANBERRY COURT.  RESOLUTION NO. R1983-74
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY STANBERRY COURT, W-1.  RESOLUTION NO. R1983-75.
10.	Consideration of resolutions authorizing the condemnation of rights-of-way on Cain Road.
	The City Engineer presented this matter and requested adoption of the resolutions.
	Following brief discussion Mr. Dawkins offered motion, seconded by Mrs. Evans for adoption of the resolutions.  Motion carried unanimously.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY ON CAIN ROAD, PARCEL E-2b.  RESOLUTION NO. R1983-76.
	A RESOLUTION AUTHORIZING TO ACQUIRE CERTAIN PROPERTY, PARCEL E-8 ON CAIN ROAD.  RESOLUTION NO. R1983-77.
	A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY, PARCEL E-10 ON CAIN ROAD.  RESOLUTION NO R1983-78.
11.	Report on request for signal installation on Rosehill Road at Chadwick Drive (Entrance to North Hills Subdivision).
	The City Engineer presented this item and stated that a study had been made and that the volume is far to short to justify a signal.  He recommended that the study continue and if conditions change, we will recommend appropriate actions at a later time.
	Rev. Johnson stated there is only one entrance to North Hills and the heaviest traffic is at 5:00 A.M. and stated that something needs to be done.
	The City Engineer stated he will check the 5:00 A.M. traffic pattern and report back to the Council and this was satisfactory.
12.	Consideration of N.C.D.O.T. - municipal agreement to obtain grant for reconstruction of the Winslow Street Bridge.  The recommended action was to adopt the resolution and authorize the City Manager to execute the agreement.
	The City Engineer presented this matter and stated the Winslow Street Bridge over Blounts Creek has been inspected and qualifies for replacement using Federal Aid Highway Bridge funds.  This program is administered by Department of Transportation and will provide for 80% of the cost to include engineering, construction, and contract administration.  The total estimated cost is $220,000. and the City's portion, $44,000, has been included in the 1983-84 budget.  We recommend adoption of the agreement.
	Following some discussion Mrs. Evans offered motion, seconded by Mr. Dawkins to approve the agreement and adopt the resolution.  Motion carried unanimously.
	RESOLUTION ADOPTED BY THE FAYETTEVILLE CITY COUNCIL CONCERNING THE WINSLOW STREET BRIDGE OVER BLOUNTS CREEK.  RESOLUTION NO. R1983-79.
13.	Consideration of contract with Fayetteville Progress, Inc. regarding development of Municipal Market.  The recommended action was to authorize the City Manager to execute the contract.
	The City Manager presented this matter, and stated that in accordance with his responsibility to identify opportunities and to make recommendations concerning downtown matters, the Fayetteville Revitalization Commission has considered the best use of funds available for the Municipal Market to promote its successful development.  The Revitalization Commission feels that in order for the Municipal Market Project to be successful, a person working on the project for development of new uses and long-range improvements is required.  At its September 13, 1983 meeting, the Revitalization Commission voted to recommend that the City negotiate a contract with Fayetteville Progress to promote the Municipal Market.  The Revitalization Commission was unanimous in its recommendation.
	There then followed some lengthy discussion of this matter.
	Following this, Mrs. Evans offered motion that we accept the recommendation of City staff and execute the contract with Fayetteville Progress, seconded by Mr. Wofford and carried Mr. McBryde voting no.
14.	Consideration of lease agreement between the City of Fayetteville and Cumberland County for storage space at Administrative Services for wood.  The recommended action was to authorize the City Manager to execute the lease agreement.
	Assistant City Manager Roger Stancil presented this matter and stated that the Juvenile Court Restitution Program is seeking storage space for equipment and approximately 10 cords of wood.  They would need approximately 12 by 12 of secure storage space and approximately 30 by 30 of outside fence spaces for the fire wood.  They request storage space be easily accessible to their staff and the facility be secured against vandalism and theft.  Mr. Stancil stated he had suggested the possible use of the Central Services area off Lamon Street which Mr. James Smith has inspected and indicated his approval.  Plans would be to restrict the storage space for wood, to tee fenced-in area secured by lock.
	Following brief discussion Mr. Dawkins offered motion, seconded by Mr. McBryde for approval of the foregoing.  Motion carried unanimously.
15.	CITY MANAGER REPORTS:
A.	Disposal of surplus property.
	The City Manager stated this matter requires no action but that he wanted it on the record.
	(A copy of this is attached to the original minutes of this meeting.)
	The City Manager stated he would give a report on health insurance for retirees at the next meeting.
	The City Manager reported that he is moving along with the Police Department reorganization.
	The City Manager distributed copies of the Financial Report and Audit Statement.  He stated he would discuss this with Council at the next meeting.  He stated this is the first dime the City has done its own annual report.
	There was then a discussion of promotions within the Police Department.
16.	DELEGATIONS:
	There were none.
17.	MATTERS OF INTEREST TO COUNCIL:
	Discussion of the Blue Law and referendum results.
	Mr. Wofford offered motion that we adopt an ordinance repealing Section 21-44 of the City Code, seconded by Rev. Johnson.
	Following some discussion Mr. Jones offered substitute motion that we follow the previous recommendation of the City Attorney and advertise a public hearing.  The motion died for lack of a second.
	Mayor Hurley then called for a vote on Mr. Wofford's motion and it carried, Mr. Jones voting no.
	AN ORDINANCE AMENDING CHAPTER 21 “OFFENSES AND MISCELLANEOUS PROVISIONS" OF THE FAYETTEVILLE CITY CODE - SUNDAY OBSERVANCE REQUIRED. ORDINANCE NO. S1983-22.
	The City Manager stated he was getting ready to order some new chairs for the Council Chamber and will change the staff arrangements in the Council Chamber.  He distributed diagrams for the information of the Council.
	Mayor Hurley suggested that Council consider setting a public hearing in 30 days to entertain a 1:00 P.M. opening for the City on Sunday.
	Mr. McBryde suggested waiting until any complaints are received and that the stores may regulate themselves.
	Mayor Hurley stated the merchants may be looking to the City Council for guidance.
	Mr. Wofford suggested waiting and then get with the County to coordinate, if necessary.
	Rev. Johnson stated that a 1:00 P.M. opening was not on the ballot.
	Mr. Dawkins suggested waiting for complaints, if any.
	Mr. McBryde asked about leaf pickup and the City Manager stated he would contact him concerning this.  Rev. Johnson stated that he had received a complaint concerning the Jasper Street sidewalks and the City Engineer stated that he would check this out.
	Mr. Dawkins asked about garbage pickups.  The City Manager stated the citizens would be notified by public service announcements concerning this.
	Mr. Dawkins extended a Merry Christmas and Happy New Year to all.
	Mr. Jones inquired about the guardrail on Stamper Road at the pond and the City engineer stated that he would have this checked out.
	Mayor Hurley recommended to Council to consider a workshop on a Saturday afternoon and Mrs. Evans has offered her residence for this workshop meeting for 2:00 P.M. and the date was set for January 21, 1984.
	Mayor Hurley read a short note from Mrs. Stewart Kerr, Vice Chairman of the Revitalization Commission commending the City on the beautiful decorations in the downtown area during the holiday season.
	Mayor Hurley then extended thanks to the Police Officer for being present and stated further that he will discuss his new grandson with anyone interested after the meeting.
	This regular session was then adjourned at 10:20 P.M. upon motion made and seconded.