0407200525
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Thursday, April 7, 2005, at 7:00
P.m. in the Dunn Municipal Building. Present was Mayor J. Dal Snipes, Mayor Pro -Tem Donnie
Olds, Council Members Buddy Maness, Bryan Galbreath, Billy Tart, Billy R. Godwin, Jr, and Joey
Tart. Also present was City Manager Michael Uskiewicz, Assistant City Manager/Public Works
Director Ronnie Autry, Finance Director Renee' Daughtry, Human Resources /Safety Officer Moses
Gallion, Building Inspector Mike Blackmon, City Planner Julie Reid, Recreation Director Perry
Hudson, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter Lisa
Farmer.
INVOCATION
Mayor Snipes opened the meeting at 7:00 p.m. and asked Mayor Pro -tem Olds to give the invocation
Afterwards, the pledge of allegiance was repeated.
Mayor Snipes closed the regular meeting and opened public hearings at 7:02 p.m.
PUBLIC HEARINGS
REZONING REQUEST PZ -01 -05
JIM CARPENTER
300A AND 300B SPRING BRANCH ROAD
PIN #1516 -73 -3655
Mayor Snipes stated that the public has been notified that oral and written comments will be heard and
received concerning the request by Jim Carpenter to rezone the rear one -half parcel (approximately 0.4
acres) of property located at 300A and 300B Spring,Branch Road.
This property is zoned R -M Residential Multi- Family and is requested to be rezoned to C -3 Highway
Commercial.
The public hearing was duly advertised on March 15, 2005 and March 29, 2005.
Mayor Snipes asked if there was anyone present to speak for or against this rezoning request. Hearing.none,
public hearing was closed with reference to same.
REZONING REQUEST PZ -02 -05
ELMORE'S OF DUNN, INC.
FRIENDLY AND FAIRGROUND ROAD
PIN #1517 -63 -5571, 1517 -63- 2301,1517- 63-4393,1517 -63 -7482
Mayor Snipes stated that the public has been notified that oral and written comments will be heard and
received concerning the request by Elmore's of Dunn, Inc. to rezone approximately 5.42 acres of property
located on the north side of Friendly Road just west of Fairground Road and on the west side of Fairground
Road just north of Friendly Road.
This property is zoned R -10 Single Family Residential and is requested to be rezoned to R -7 Single Family
Residential.
The public hearing was duly advertised on March 15, 2005 and March 29, 2005.
Mayor Snipes asked if there was anyone present to speak for or against this rezoning request. Hearing
none, public hearing was closed with reference to same.
CODE AMENDMENT TO ZONING ORDINANCE
CHAPTER 2, ARTICLE IV, DIVISION 2, SECTION 2 -108
The public has been notified that oral and written comments will be heard and received concerning the
request by the City of Dunn Planning Department to amend the City of Dunn Code of Ordinance, Chapter
2, Article IV, Division 2, Section 2 -108 (Composition of Planning Board, terms of members, vacancies;
attendance at meetings).
\� The public hearing was duly advertised on March 15, 2005 and March 29, 2005.
Mayor Snipes stated that additional information is required before the Council can consider this code
amendment.
Mayor Snipes entertained a motion to continue this public hearing at the May 5, 2005 Council meeting.
Motion by Council Member Godwin, seconded by Council Member Billy Tart to continue the public
hearing at the May 5, 2005 Council meeting. Motion unanimously approved.
26
DEMOLITION OF HOUSE
608 NORTH MCKAY AVENUE
Mayor Snipes stated that the public has been notified that oral and written comments will be heard and
received concerning the demolition of the dwelling owned by John Roberson and located at 608 N. McKay
Avenue.
The public hearing was duly advertised on March 22, 2005 and March 29, 2005.
Mayor Snipes asked if there was anyone present to speak for or against the demolition of this structure.
Mr. Carrell Robinson of 904 N. Layton Avenue stepped forward and stated that this property is located
approximately (3) blocks from his home. Mr. Robinson commended the council for their efforts at code
enforcement and getting rid of substandard housing. He added that as long as there is substandard housing
in Dunn, someone will live in it. He stated that the City of Dunn needs safe housing for all the citizens.
Mr. Robinson stated that this particular property is worth saving. The owner was working on this property
last night. He stated that if a property can be saved and if the property owner is willing to work with the
council and save the property, those individuals should be allowed to do so.
Mayor Snipes asked if there was anyone else present to speak for or against this demolition. Hearing none,
public hearing was closed with reference to same.
CODE AMENDMENT TO ZONING ORDINANCE
CHAPTER 13 — OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE W. GRAFFITI
Mayor Snipes stated that the public has been notified that oral and written comments will be heard and
received concerning the request by the City of Dunn Police Department to amend the City of Dunn Code of
Ordinances by adding a Graffiti Ordinance as Article IV of Chapter 13 "Offenses and Miscellaneous
Provisions ".
The public hearing was duly advertised on March 22, 2005 and March 29, 2005.
Mayor Snipes asked if there was anyone present to speak for or against this code amendment. Hearing
none, motion by Council Member Joey Tart, seconded by Mayor Pro -tem Olds to close public hearings and
reconvene the regular council meeting at 7:06 p.m. Motion unanimously approved.
CONSENTITEMS
Mayor Snipes asked if there were any consent items that Council wished to pull for further discussion.
Hearing none, the following items were considered by Council:
Minutes - Council considered approval of minutes of the February 25, 2005 Special Call/Planning meeting.
Minutes - Council considered approval of minutes of the March 3, 2005 meeting.
Tax Releases /Refunds - Council considered approval of Tax Releases/Refunds #88 - #100.
Tax Releases /Refunds are filed in the ofce of the Tax Collector.
Assessment Releases/Refunds- Council considered approval of Assessment Release/Refund #03.
Assessment Releases /Refunds are filed in the office ofthe Tax Collector.
Budget Amendments - Council considered approval of budget amendments #39441. A copy of budget
amendments #39441 is incorporated into these minutes as Attachment #1.
Proclamation - Council considered approval of a proclamation designating April 24 -30, 2005 as Relay for
Life Week. Mayor Snipes read the Proclamation. A copy of Proclamation (P2005 -07) Relay for Life Week
is incorporated into these minutes as Attachment #2.
�l
Proclamation - Council considered approval of a proclamation designating May 1 through May 7, 2005 as
Municipal Clerks Week. Mayor Snipes read the Proclamation and recognized City Clerk Debra G. West.
A copy of Proclamation (P2005 -08) Municipal Clerks Week is incorporated into these minutes as
Attachment #3.
Motion by Council Member Joey Tart, seconded by Council Member Maness to approve all consent items.
Motion unanimously approved.
ITEMS FOR DECISION
AUDIT REPORT
FY 2003 -2004
Mr. Joe Giles of Giles, Strickland & Warren, P.A., CPA gave a summary of the FY 2003 -2004 audit for the
City of Dunn.
Mr. Giles explained that this is an unusual year in that this is the first audit presented under the General
Accounting Standard Board 34 (GASB34). This was a tough audit due to the complexity of having to
27
completely revise the format of the financial statements presented to the City. If questions are generated by
tonight's meeting, he encouraged the council to contact him for further review.
Mr. Giles reported that the overall financial condition of the City is very good. The City has been and
continues to be in good financial shape. He attributed the revenue increase of approximately $700,000 to
property tax re- evaluations, state and federal sources. Of this increase, the City spent over $500,000.
Mr. Giles stressed the importance of reserving the fund balance. It is very important to maintain the fund
balance. Fund balances are designed to protect the City in case of emergencies. It is more than a savings
account. He gave an example that in case of a hurricane, the fund balance would have to be used until
reimbursements are received.
Mr. Giles gave a narrative overview of the Financial Highlights of the audit and reported as follows:
• The City earned approximately $50,000 by investing idle cash. Idle cash is earning an average
yield of 1.50 percent. The City was able to keep the tax rate one cent lower than it would have
been had the City not had the fund balance and idle cash to invest.
• Total fund balance is $3,345,014.
• Unreserved fund balance for the General Fund is $2,035,961.
• Year 2002 -2003, City did not spend anything on fixed assets.
• Fixed assets are wearing out.
• Monies had to be spent on fixed assets this past audit year which accounts for some of the money
spent from the increase in revenue from re- evaluation.
• State Statute reservation is $649,000 - This money cannot be used because it is a receivable or
because there is some restriction upon it.
• $580,000 of the $3,345,014 is Powell Bill Money — This money can only be used for streets.
• Council should not use the fund balance to meet the needs of the budget.
• If money must be spent that is not available, they must look at other revenue sources, even if it
means a tax increase.
• Total capital assets being depreciated in the Primary Governmental Fund is $313,598.
• The City refinanced General Obligation Water and Sewer Refunding Bonds in 2004 — This will
reduce the City's total debt service payments over the next 28 years by $1,028,596.
• The city collected 96.71% of the total tax levy.
• The city has been very controlled with spending over the last (3) years.
• Delinquent taxes to Net Levy for 2004 were not as high as previous years.
• Debt service to total General Expenditures for 2004 was 2.1 % - This is the lowest that the City of
Dunn has had since before 1995 — This is very positive.
• Water & Sewer fund must be looked at for long term.
• Building permits value doubled from three years ago, however, growth is down.
• Revenue comes from growth — The City must grow to continue spending. Assets in Town are
wearing out.
• Money will have to be spent on capital needs — City must have growth.
Mayor Snipes thanked Finance Director Renee' Daughtry and her staff for the job they continue to do for
the City.
Motion by Council Member Galbreath, seconded by Council Member Maness to accept the audit report as
presented. Motion unanimously approved.
REZONING REQUEST — PZ -01 -05
JIM CARPENTER
300A and 300B SPRING BRANCH ROAD
PIN #1516 -73 -3655
A request was received from Jim Carpenter to rezone the rear one -half parcel (approximately 0.4 acres) of
property at 300A and 300B Spring Branch Road, which is located on the west side of Spring Branch Road
across from the intersection with E. Godwin Street.
This property is zoned R -M Residential Multi- family and is requested to be rezoned to C -3 Highway
Commercial.
The Planning Board met on March 22, 2005 and recommended approval of this rezoning.
Motion by Council Member Billy Tart, seconded by Council Member Joey Tart to approve the request to
rezone the property located at 300A and 300B Spring Branch Road (PIN #1516 -73 -3655) from R -M
Residential Multi- family to C -3 Highway Commercial. Matron unanimously approved.
REZONING REQUEST _ PZ -02 -05
ELMORE'S OF DUNN, INC.
FRIENDLY AND FAIRGROUND RD.
PIN # 1517 -63- 5571,1517 -63- 2301,1517- 63-4393,1517 -63 -7482
A request was received from Elmore's of Dunn, hie. to rezone approximately 5.42 acres of property located
on the north side of Friendly Road just west of Fairground Road and on the west side of Fairground Road
just north of Friendly Road.
This property is zoned R -10 Single Family Residential and is requested to be rezoned to R -7 Single Family
Residential.
M
The Planning Board met on March 22, 2005 and recommended approval of this rezoning
Motion by Mayor Pro -tern Olds, seconded by Council Member Godwin to approve the request to rezone
approximately 5.42 acres of property located on the north side of Friendly Road just west of Fairground
Road and on the west side of Fairground Road just north of Friendly Road from R -10 Sir. gle Family
Residential to R -7 Single Family Residential. (PIN #1517 -63 -5571, 1517 -63 -2301, 1517- 63 -4393, 1517-
63- 7482). Motion unanimously approved.
CODE AMENDMENT
CHAPTER 2, ARTICLE IV, DIVISION 2
SECTION 2 -108
This is a proposed code amendment to the City of Dunn Code of Ordinances:
Chapter 2 Administration
Article IV Boards, Commissions, and Committees
Division 2 Planning Board
Section 2 -108 Composition, terms of members, vacancies; attendance at meetings
This amendment will address representation of membership in the Extraterritorial Jurisdi -.tion (ETJ) on the
Planning Board.
The Planning Board met on March 22, 2005 and recommended approval of this code amt ndment.
Mayor Snipes stated that a motion was made earlier tonight to table the public hearing pertaining to this
issue. He entertained a motion to table this code amendment.
Motion by Council Member Godwin, seconded by Council Member Maness to table this item of business
until additional information is obtained. Motion unanimously approved.
DEMOLITION OF HOUSE
608 N. MCKAY AVENUE
On September 2, 2004, Mr. John Roberson, property owner of 608 N. McKay Avenue appeared before the
council to appeal the Building Inspector's order allowing him 60 days to make the prope- repairs to this
structure.
Upon discussion, the council agreed to give Mr. Roberson 150 days from the date of the 3uilding
Inspector's Compliance order (dated 8- 11 -04) to make the necessary repairs to this structure. �4 1
During the council meeting of March 3, 2005, the City Council called for a public hearin ; to be held
tonight to consider the demolition of this structure.
To date, repairs have been made but not completed. Mayor Pro -tem Olds pointed out the t Mr. Roberson is
continuing to work on this dwelling.
Motion by Mayor Pro -tem Olds, seconded by Council Member Galbreath to table the demolition of the
structure located at 608 N. McKay Avenue. Motion unanimously approved.
CODE AMENDMENT
ADDING ARTICLE IV
GRAFFITI ORDINANCE
The Graffiti Ordinance is a new code provision to the City of Dunn Code of Ordinances vhich will allow
for a Graffiti Ordinance as Article IV of Chapter 13 "Offenses and Miscellaneous Provis ons ".
City Attorney Pope has reviewed this code provision.
Motion by Council Member Maness, seconded by Mayor Pro -tern Olds to approve the pi oposed code
amendment to the City of Dunn Code of Ordinances by adding a Graffiti Ordinance as Article IV of
Chapter 13 "Offenses and Miscellaneous Provisions ".
Mayor Snipes entertained discussion pertaining to this ordinance.
Council Member Godwin voiced his concern about the impact of this ordinance on innocent property
owners. He has discussed his concern with Attorney Pope, however, he recognizes the n:ed for this
ordinance. He is not opposed to the ordinance, but again, he is concerned with the impac t that this
ordinance may have on those that are not responsible for the graffiti, however, they must recognize that
graffiti is a problem and is gang related. The City needs to be proactive in making sure t iat graffiti is kept
off the buildings. The only way to do this is to implement this ordinance which may req Are the property
owners that had nothing to do with the graffiti, to take responsibility to clean up.
Motion unanimously approved. A copy of this Grafiti Ordinance (02005 -05) is incorp gated into these
minutes as Attachment #4 and a copy is also filed in the Ordinance Book located in the c ice ofthe City
Clerk.
29
AWARD OF BID
RECREATION DEPARTMENT
EQUIPMENT FOR WELLNESS/FITNESS
ROOM IN RECREATION CENTER
Manager Uskiewicz stated that should council approve this purchase, a budget amendment will be
forthcoming at the next council meeting. Funding for this purchase will be taken from donated revenue.
This equipment needs to be in the facility prior to opening, which is tentatively scheduled for June or early
July.
Council will find two (2) bids for furnishing equipment in the Wellness/Fitness Room of the new
Recreation Center. Bids were submitted as follows:
Fitness Resource 1912 John Glenn Dr., Browns Summit, NC 27214 $34,172.59
Southeastern Fitness
Products 707 McClure Dr., Raleigh, NC 27603 $35,312.03
Recreation Director Perry Hudson recommends that the bid be awarded to Fitness Resource.
Motion by Council Member Joey Tart, seconded by Council Member Godwin to award bid to Fitness
Resource of Browns Summit, NC to famish equipment in the Wellness/Fitness room of the Recreation
Center in the amount of $34,172.59. Motion unanimously approved. A copy of the equipment bids
submitted for the Recreation Center are incorporated into these minutes as Attachment #5.
BOARD APPOINTMENT
PLANNING BOARD
The code amendment proposed tonight with reference to the composition of the Planning Board was tabled;
therefore, Mayor Snipes entertained a motion to table this agenda item.
Motion by Mayor Pro -tem Olds, seconded by Council Member Galbreath to table the board appointment to
the Planning Board. Motion unanimously approved.
RESOLUTION AUTHORIZING GRANT
APPLICATION
WATER AND SEWER EXTENSIONS
BRAINERD CHEMICAL COMPANY SITE
This resolution authorizes the City of Dunn to file an application to request grant assistance from the Rural
Center Economic Infrastructure Grants Program for the installation of 865 L.F. of 12" water line and 710
L.F. of 8" sewer main to serve the new industrial site Brainerd Chemical. This site is located on Purdie
Road and does not currently have access to public water or sewer facilities.
House Bill 1352 authorizes the making of grants to aid eligible units of government in financing the cost of
construction of wastewater and water supply systems that will result in job creation.
Brainerd Chemical anticipates hiring (9) full time employees upon initial start up and approximately (20)
employees are expected in the future.
Mr. Uskiewicz stated that this is a 50150 match. The project will cost $180,000. The City will have to pay
$90,000 and the Rural Center will provide the other $90,000. He stated that the council will receive a
budget amendment for this project at the next council meeting.
Motion by Council Member Godwin, seconded by Council Member Maness to approve the Resolution
authorizing Mayor J. Dal Snipes, to execute and file an application on behalf of the City of Dunn with the
NCREDC (Rural Center) for a grant to assist in the construction of water and sewer utilities to Brainerd
Chemical Company site. Motion unanimously approved. A copy of Resolution (R2005 -02) authorizing
grant application to the Rural Center for water and sewer extensions to Brainerd Chemical is
incorporated into these minutes as Attachment #6.
Manager Uskiewicz asked that the council add an item to the agenda by setting a special call meeting for
Thursday, April 14, 2005 or Friday, April 15, 2005 to address a subdivision final plat approval for Ivey
Glen- Gleneagles Subdivision.
Motion by Council Member Godwin, seconded by Council Member Joey Tart to add this item of business
to the agenda. Motion unanimously approved.
SET DATE FOR SPECIAL CALL MEETING
Manager Uskiewicz stated that the Planning Board will meet at noon on April 13, 2005 to consider
approval of the final plat for Gleneagles Subdivision -Ivy Glen. He added that some information was
lacking at the last Planning Board and City Council meeting, however, they now have this information. In
order to get this project expedited, a special council meeting will need to be held.
Motion by Mayor Pro -tem Olds, seconded by Council Member Godwin to set a Special Call Council
Meeting on Thursday, April 14, 2005 at 8:00 a.m. Motion unanimously approved.
30
ADMINISTRATIVE REPORTS
Motion by Council Member Galbreath, seconded by Mayor Pro -tem Olds to approve the Administrative
Reports. Motion unanimously approved.
EXECUTIVE REPORTS
Council Member Galbreath announced that the Harnett County Health Department will conduct a seminar
on diabetes on April 12, 2005 at 7:00 p.m. at Trinity A.M.E. Zion Church located next to the PAL Center
on Johnson Street. This seminar is free and open to the public.
He also announced that the NC Smart Start Program in conjunction with the Harnett County Partnership for
Children will be sponsoring a safe children's fair on Saturday from 10:00 a.m. 2:00 p.m. at the Harnett
County Health Department in Lillington. Free games, activities and car seat checks will be offered. Also
free vision, hearing, dental and health screenings will be held. He encouraged the citizens to attend this
free event.
Mayor Pro -tem Olds reported that he attended the North Carolina League of Municipalities regional
meeting today and received some very helpful information regarding annexation, pending federal
legislation, various house bills as well as legislation on the state level. He encouraged municipal officials
to attend these informative meetings.
Council Member Maness thanked the corporate citizens and residents for their patience with the impact that
the McKay Avenue project has had on them. It has been inconvenient for a number of people in accessing
their businesses, homes and churches.
Mayor Snipes thanked Assistant City Manager/Public Works Director Ronnie Autry and his staff for going
out and meeting with property owners affected by this construction and taking steps to correct each
situation.
Council Member Billy Tart stated that he has received several calls from concerned citizens about the Pope
Road project. The Department of Transportation has one additional storm drain to install on Magnolia
Avenue and Pope Road. After installation of the storm drain, the road will be resurfaced.
Council Member Godwin stated that the council budgeted to have the City code republished last year and
he asked Manager Uskiewicz about the status on republishing the city code Mr. Uskiewicz responded that
the council should receive these code books in approximately (30) days. He stated that a meeting was held
with Municipal Code a few weeks ago. The City had to come up with a cut -off point because an enormous
amount of code amendments have and continue to be made.
1
Mayor Snipes announced that in conjunction with the Governor's litter sweep, the Dunn Area Chamber of
Commerce will have their annual spring clean-up starting at 8:00 a.m. on Saturday, April 16, 2005 at
Sherry's Bakery. The City will provide trucks and manpower. This is a city-wide sweep and Mayor
Snipes encouraged everyone to get involved.
Mayor Snipes announced that Campbell University invites everyone to attend the Campbell University
Harnett County Loyalty Day on April 26, 2005. The City of Dunn will present a Proclamation for this
event. The university will unveil the master plan for the John W. Pope, Jr. Convocation Center.
�1
31
INFORMATION
With no further business to discuss, the following burial rights were executed:
1. William & Lois Bullard and heirs, Block C, Lot 22, Spaces 1- 2 -34, Memorial Cemetery.
2. Pauline D. Lee and heirs, Block CC, Lot 17, Spaces 1- 2 -3 -4, Memorial Cemetery.
3. Dominga Flores and heirs, Block AA, Lot 11, Space 3, Greenwood Cemetery.
4. Shelia Malloy Birott and heirs, Block 15, Lot 27, Space 8, Resthaven Cemetery.
5. Roosevelt McQurie and heirs, Block 13, Lot 13, Space 3, Resthaven Cemetery.
6. Tracey Outen and heirs, Block 4, Lot 63, Space 8, Resthaven Cemetery.
7. Truly Ryans and heirs, Block 11, Lot 68, Spaces 6 -7 -8, Resthaven Cemetery.
8. Truly Ryans and heirs, Block 11, Lot 69, Spaces 1 -2 -3-4 & 8, Resthaven Cemetery.
9. Brenda Redman and heirs, Block A, Lot 25, Space 5, Memorial Cemetery.
10. Robert Geddie and heirs, Block 7, Lot 45, Space 8, Resthaven Cemetery.
11. Gaynelle Brewington and heirs, Block AA, Lot 11, Space 6, Greenwood Cemetery.
12. Steven & Cynthia Query and heirs, Exchanged Deed to Block Y, Lot 65, Spaces 1 -8, Greenwood
Cemetery for Block AA, Lot 5, Spaces 1 -8, Greenwood Cemetery.
With no further business to discuss, the meeting was adjourned at 8:07 p.m.
Attest:
�0'�7a "'u� 1j)
Debra G. West
City Clerk
� � OF p�2
Z
G &VORg .:
N CA
l� j