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0508201433 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Thursday, May 8, 2014, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tern Buddy Maness, Council Members N. Carnell Robinson, Frank McLean, Billy Tart, Chuck Turnage and Billy Barfield. Also present was City Manager Ronnie Autry, Assistant City Manager Steven Neuschafer, Public Works Director Billy Addison, Public Utilities Director Dean Gaster, Chief Building Inspector Steven King, Planning Director Samantha Wullenwaber, Police Chief Jimmy Pope, Human Resources Director Anne Thompson, Librarian Mike Williams, City Engineer Randy McNeill, City Attorney P. Tilghman Pope, City Clerk Debra West and Daily Record Reporter Kellah Goff. Mayor Harris recognized Emily Neuschafer, daughter of Assistant City Manager Steven Neuschafer who attended the meeting as credit toward her 10`" grade Civics class taught by Mr. Riley of Cleveland High School. INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and asked Reverend Belinda Cruise, Minister of Music at Glad Tidings Church, to give the invocation. Afterwards, the Pledge of Allegiance was repeated. Mayor Harris reported that his wife, Jean Harris is recuperating at Rex Hospital after undergoing open heart surgery and he thanked everyone for their cards, visits and prayers. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Robinson and seconded by Mayor Pro Tern Maness to adopt the May 8, 2014 meeting agenda with changes, if any, as listed below. Items Added to the Agenda: • none Agenda Items Removed. • Item for Decision #32 — Consideration of a Resolution Authorizing Lease of Real Property Owned by City for a Term Greater than Ten (10) Years to Harnett Training School, LLC Motion unanimously approved. PUBLIC COMMENT PERIOD Mayor Harris summarized the public comment policy and opened the floor for a (30) minute public comment period. Mr. Christopher Pope, 1003 S. McKay Avenue, Dunn, NC spoke about his concerns with moving dispatch and asked the Council to consider keeping dispatch in Dunn because anything less would compromise the integrity of the police department. A raise should be given to law enforcement employees and other City employees because they are the first line of defense against criminals and terrorists. He asked the Council to keep dispatch service in Dunn and give the police department the raise that they need. Mr. Chris Dew, 410 S. Fayetteville Avenue, Dunn, NC stated that he has a fifteen year emergency service background and he has worked with small towns that lost their dispatch job to the County. Local jobs will be taken away if dispatch is moved - no control over dispatch once it's given to Harnett County. When dispatch services are located in town, you put a face with the voice on the radio and citizens receive a better response. Once you outsource emergency services, then what will go next. Will they lay off police officers and let Harnett County take it? Taxpayers are paying to have dispatch. Hearing no additional comments, the public comment period was closed. Mayor Harris recessed the Council meeting and opened Public Hearings at 7:13 pm PUBLICHEARINGS Conditional Use Permit CU -02 -14 Mitchell Smith PIN #1516 -39- 5002.000 1006 W. Cumberland Street Mayor Harris stated that this is a request for a Conditional Use Permit [Zoning Ordinance Article IX Section 22 -461 (6) (e & f)) from Mitchell Smith. The conditional use will allow the operation of an indoor commercial recreation facility that will include a boxing /MMA facility and a banquet hall. The boxing/MMA facility is covered under the `commercial recreation (indoor) poolrooms, bowling alleys, arcades, etc.' and the banquet hall to hold wedding receptions and other similar events is covered under the `sports bar, dance clubs, private clubs, and similar activities' section of the conditional use ordinance. The proposed location is located in the Wayne Avenue Shopping Center and is currently vacant 34 This Public Hearing is an opportunity for the Council to hear sworn testimony and receive specific evidence from the public to include any party for or against the request. During the deliberation for decision, questions may only be asked to clarify previous testimony. The public hearing was duly advertised on April 15a, 29h, & May 6'", 2014. Mayor Harris yielded to City Attorney Pope. City Attorney Pope introduced CU 02 -14 a request by Mitchell Smith for a Conditional Use Permit to allow for the operation of an indoor commercial recreation facility that will include boxing /MMA and a banquet hall. The hearing on this matter is judicial in nature and will be conducted in accordance with special due process safeguards. Attorney Pope asked that all persons who wish to testify in this case, approach the podium to be sworn or give their affirmation. Swearing -In: City Attorney Pope administered oaths to: Applicant Mitchell Smith Mr. Dee Smith Mr. David Ray Planning Director Samantha Wullenwaber Police Chief Pope ( *Clerks Note -Chief Pope was administered the Oath later in testimony at the request of the Council) Explanation of Proceeding Attorney Pope explained that testimony will first be given by City Planning Director Samantha L. Wullenwaber, then from the applicant and their witnesses, and then from opponents to the request. Parties may cross - examine witnesses after the witness testifies when questions are called for. If you want the Council to see written evidence, such as reports, maps, or exhibits, the witness who is familiar with the evidence should ask that it be introduced during or at the end of his or her testimony. Reports from persons who are not present to testify will not be accepted. Attorneys who speak should not give factual testimony but may summarize their client's case. Before beginning your testimony, please clearly identify yourself for the record. City Attorney Pope opened the hearing on Case #CU 02 -14 Conditional Use Permit Application and asked for testimony from City Planner Samantha Wullenwaber. Testimony from the Planner Planner Wullenwaber asked that the documents contained behind tab #17 in the City Council packet which includes the conditional use application, Planning Department staff report, statement of justification from the applicant, maps and all other material be entered as evidence. (A copy of these documents entered as evidence for Case #CU 02 -14 Conditional Use Permit is incorporated into these minutes as Attachment #1). Planning Director Wullenwaber stated that this conditional use applicant is Mitchell Smith of 802 E. Edgerton Street and the property owner is Tart & Tart. The storefront is at 1006 W. Cumberland Street which is in the Wayne Avenue Shopping Center. This is the old Blessings Bookstore and the store front to the left is what used to be Ernie's Restaurant. The Conditional Use, according to the application, is to allow the operation of boxing /MMA training facility, banquet hall to hold events such as gospel concerts, boxing/MMA shows, and wedding receptions. The property is currently zoned C -2: shopping center district and these types of uses are conditional uses. The whole parcel is about 3.5 acres but this particular store front is approximately 4800 sq. ft. The parking space required in the ordinance is under Schedule "C" and for these types of uses, she would suggest approximately (1) per 200 -250 sq. ft. of building that would be used. Parking does already exist and there is nowhere to add additional parking. There are approximately 100 parking spaces for the entire shopping center. To the north, the property on Broad Street is zoned commercial, to the south is office, institutional and some residential, to the east is the shopping center and T -Mart Gas Station and to the west is highway commercial. The Land Use Plan does identify this area as commercial. There is already water and sewer at the site. There are three driveways into the shopping center on W. Cumberland Street and S. Wayne Avenue. She reminded the Council that any conditions can be placed upon the conditional use permit as long as the applicant agrees to them. She gave examples of conditions that have been used in the past such as restricting hours of operation, acquiring security and restricting alcohol. At the end of the City Planner's testimony, Attorney Pope asked if there were any questions of the City Planner from the Council. Mayor Pro Tern Maness asked the Planner if she recommended one parking space per 200 sq. ft. and she responded yes. Mr. Maness stated that based on 4806 sq. ft. then 24 minimum parking spaces would be recommended. He asked her how many total parking spaces are in the parking lot. She responded approximately 100 for the entire shopping center. Mr. Maness asked the Planner how many other businesses are using parking. She responded at least five or six. Mr. Maness asked if this business would take a minimum of 115� of the total available parking. She responded yes. Mr. Maness asked the Planner that even though the applicant is not asking for a dance club, private club or similar activities, could it be used for that purpose if this conditional use is granted. She responded yes, and this conditional use would apply to the entire shopping center property. 35 Council Member Billy Tart asked the Planner what is the occupancy for this building. She responded that she cannot determine the occupancy load; that is up to the Fire Marshall. She has contacted the fire department but they have not yet responded to her. The planning department has no control over the occupancy. Attorney Pope asked if there were additional questions of the City Planner. None were heard. Attorney Pope asked for testimony from the Applicant/Proponents. Applicant, Mr. Mitchell Smith, 802 E. Edgerton Street, Dunn, NC 28334 introduced his business partners Dee Smith and David Ray. The applicant stated that this is a gym dealing with a lot of youth. He's had a gym before in the State of South Carolina; adding that he is an ex- football player with the University of South Carolina, Dallas Cowboys, was in the Olympics and ex- military. He has a Master's degree in social work so his position is to try to find alternatives for the kids to have another outlet. This will be US amateur boxing; adding that something is already established at the PAL program but it just hasn't kicked off. He has talked with the Police Chief and PAL coordinator and they said they stand behind him fully on this project. He's just trying to get some things in order for these kids to have a base line to give them a different outlet. Also, the US amateurs have scholarships where these kids can go on a boxing scholarship to college. This is a structured program already established. The NC Department of Public Safety oversees the professional side of it. Children would have an opportunity to continue their future. Mr. Smith stated that he is also a grant writer and will try to filter grants through the program. In S.C., it was set up so the kids came free to participate in the program and that is what he is going to try to establish with this program as well; adding that the banquet use and wedding receptions would raise money to help with the kids along with the grants. Mr. Dee Smith stated that he is originally from Dunn and he is trying to help promote discipline in the youth. A lot of kids with talent need somewhere to express themselves. They are trying to help the kids and to promote discipline. His father is a pastor and his mother will help to promote gospel events to help raise money. He discussed with his mother to hold a Valentine's Day Ball or Christmas Ball to help raise money. They are trying to head in the right direction to promote something good in the community; somewhere kids and adults can come to relax after a hard day at work. He would like to have some nice jazz and comedy. Mr. Ray stated that he was born and raised in Dunn and presently resides in Knightdale. The kids have nowhere to go. He is an advocate of health and wellness and this program will promote that. Attorney Pope asked the Council if they had questions of the applicant/proponents. Mayor Harris asked Mr. Smith if his application stated that this is a not- for -profit and a for -profit organization he proposes to operate. Mr. Smith responded yes. Mayor Harris asked Mr. Smith what is the not- for -profit organization. Mr. Smith responded it is the US amateur boxing association which is a non- profit organization but if they held a professional event, that would be for- profit. As a follow -up question, Mayor Harris asked Mr. Smith does the non - profit organization have a 501 (c) (3) issued by the Internal Revenue Service. Mr. Smith responded yes, they will have one. Mayor Harris asked if the 501 (c) (3) files an annual tax return each year. Mr. Smith responded they will follow the proper channels. He added that he had a 501 (c) (3) set up before; adding he didn't want to put too many things in place until they could move forward. Mayor Harris asked Mr. Smith who are the board of directors for the 501 (c ) (3). Mr. Smith responded he will have proper staff set up for that. Mayor Harris asked Mr. Smith what is the name of the for -profit organization. Mr. Smith responded The Events Center, LLC. Mayor Harris asked Mr. Smith for the members of the Event Center, LLC. Mr. Smith responded he along with Mr. Dee Smith and Mr. David Ray. Council Member McLean asked Mr. Smith what will be the hours of operation. Mr. Smith responded typically from 9 am until 9 pm for the gym. For a boxing or MMA show, those matches will start at approximately 8 pm. Mr. McLean asked Mr. Smith how many people will be on duty. Mr. Smith responded staffing at a minimum of three (3) with more as kids participation increases. Council Member Robinson asked Mr. Smith what age groups he anticipates to participate. Mr. Smith responded ages 7 -13, 14 -18 and 18 -32. He hopes to make a bid for hosting the US amateur Golden Glove Tournaments which will bring everyone from all over the state. Mr. Robinson asked Mr. Smith how many US amateur groups participate in NC. Mr. Smith responded over 10,000 in the state; adding there is a gym in Smithfield, Fayetteville, Lillington, Raleigh and Wilmington. On a given day, they could possibly have fifteen (15) matches for ages 7 -32. Mayor Pro Tern Maness stated that Mr. Smith mentioned previously having a 501 (c) (3) and asked Mr. Smith why he was not using it. Mr. Smith responded he has contacted the state of NC to ask if he can transfer it from South Carolina and it is a formality to change the by -laws. Mr. Maness asked Mr. Smith for the name of his existing 501 (c) (3). Mr. Smith responded Total Package Boxing. Mr. Maness asked Mr. Smith if he was going to re -name his business in NC. Mr. Smith responded that the Main Event LLC will be the profit side of the business. Mr. Maness asked Mr. Smith how long has his current LLC been in operation. Mr. Smith responded approximately 15 years. Mr. Maness stated that Mr. Smith previously said he operated in SC and asked him why he left a business that was working in SC to come back to Dunn. Mr. 36 Smith responded he is divorced, his parents are sick and aging, and he inherited a house in Dunn and likes it here. Mr. Maness asked Mr. Smith for the time that events will end. Mr. Smith responded that a professional boxing match could end around 1 am. Any match they have will be regulated by the state commission department of public safety, a doctor must be present; EMT must be present, and each boxer must have a physical before a match. Mr. Maness stated that he is familiar with the former Blessings Bookstore which is more deep than wide and he is trying to envision how a regulation size boxing ring and seating can fit in this building. Mr. Smith responded that they measured the building and if the ring is pushed against the wall, chairs can be arranged around it. Mr. Maness asked Mr. Smith if the ring will be fixed or can it be put up and taken down. Mr. Smith responded that the ring will be put together and is versatile to be used as a stage or platform. Mr. Maness asked Mr. Smith how many people come to these matches. Mr. Smith responded that based on his own calculations and experience, he expects 299. Mr. Maness asked Mr. Smith if he normally puts these types of businesses in a shopping center. Mr. Smith responded he has had one in a shopping center and some in stand -alone buildings. Mr. Maness asked Mr. Smith what is his plan for security. Mr. Smith responded that Police Chief Pope backs him on this project and the police department will be properly secured. Mr. Maness asked Mr. Smith how many officers to support this. Mr. Smith responded with 299 people, 10 -15 inside staff and 2 -3 outside staff. Mr. Maness stated that based on a maximum occupancy of 299, if there were 2 people per car = 150 cars, 3 people per car = 100 cars and 4 people per car = 75 cars then practically every available parking space would be used in this parking lot. Mr. Smith responded that would be just night events, he wouldn't tie anyone's business up but most businesses close at 9 pm. He would let the businesses know in advance of an event. Most shows start at 8 pm and most people come in gradually. Mr. Maness stated that from his perspective, he must think of what other businesses may locate in this shopping center that will have later hours. Mr. Maness added that he is very concerned with the limited number of parking spaces and limits the availability for other businesses to be open beyond the time of his events. Mr. Smith responded that he understands the concerns adding that events will only take place once per month or once per quarter. Mr. Maness stated that they could also have a crowd for the jazz concerts. Mr. Smith stated that once they obtain grants, then they can eliminate some of the fund raisers. Council Member Tumage asked Mr. Smith if they have credentials to handle after school programs. Mr. Smith responded that if they receive monetary funding for their services, then they would have to set up certain things in a certain way but if they are just going to have a place for these kids to do their homework before participating in sports, then a high school or college graduate could help them. He has talked to some teachers that are willing to volunteer their time to come in to assist them. Council Member Barfield stated that according to the diagram, there is a stage, ring and food bar; adding he can't understand a gym with food in the same building as it relates to offensive odors. Mr. Smith stated that there will be humidifiers to keep the air clean and fresh. Mr. Barfield asked Mr. Smith if there will be any gambling in this establishment. Mr. Smith responded not at all. Mr. Barfield asked Mr. Smith how he will make any money. Mr. Smith responded this is for the kids, he is refired military and very comfortable, he is not trying to make a salary for himself, he has the same boxing ring that Mike Tyson, Lewis, Bonecrusher and Larry Holmes fought in. Mr. Smith added that Bonecrusher was family. His boxing ring is on the internet so people can call him to rent it for HBO and Pay for View fights. He is very familiar with what he's doing; he's been doing it for about 16 -17 years. He's home now and wants to start something fresh and beneficial to the community with good entertainment for kids and adults. Mr. Smith stated that he wants to be in a position to have events to pay for the kids programs. Mr. Barfield asked Mr. Smith if any of his staff have criminal records. Mr. Smith responded he will check to make sure but not that he knows of Mr. Smith stated that it will be done properly; adding they will have to go through the US Amateurs who will provide training for judges, referees, and time keepers. Council Member Robinson stated that the choice of building may be questionable but he commended Mr. Smith for looking at home. Council Member Barfield asked Mr. Smith how much noise will be generated. Mr. Smith responded a roar and with the doors closed, he doesn't think any noise will be heard from the road. Mayor Pro Tem Maness asked Mr. Smith if they plan to have food service. Mr. Smith responded catering can come in but he is not planning to have food. Mr. Smith stated that they will have basic concessions such as hotdogs. Council Member Robinson asked Mr. Smith if he anticipates any alcoholic beverage. Mr. Smith responded no. 37 Council Member Billy Tart stated that he likes what Mr. Smith is saying with the kids. Mr. Tart added that the former Ernie's restaurant is three to four times larger than the former Blessings Bookstore and when Emie's was really busy, two - thirds of the parking lot would be filled up with Ernie's customers and he hopes they can get another establishment in the former Emie's. It is concerning to him where people will park in such a small area. Mr. Smith responded he doesn't think parking will be a problem. He added that maybe he can contact Parks and Recreation to utilize parking behind the building for certain events. Some events will arrive on vans. He's just looking for a starting place. Council Member Billy Tart stated that he's talked to some businesses in the shopping center and he's not hearing the same thing that Mr. Smith has said and asked Mr. Smith which businesses has he talked to. Mr. Smith responded that he has talked to The Dollar General which closes at 9pm; adding Sears closes at 9pm and everything out there with exception to Little Caesars Pizza closes at 9pm. He added that he has talked to the managers of stores there. City Attorney Pope administered the Oath to Police Chief Pope. Attorney Pope asked the Council if they had questions of the Police Chief. Mayor Pro Tern Maness asked Chief Pope what was the nature of his conversation with Mr. Smith. Chief Pope responded that Mr. Smith came into his office about a month ago and brought forth the idea of the Amateur Boxing and to him, it was another avenue to help the youth which he totally supports. Their conversation was brief, he does not recall the banquet facilities being discussed. He totally supports boxing for the youth. Mayor Pro Tern Maness asked Chief Pope, how many security officers would be needed for a crowd of 299 people. Chief Pope responded if they are not working inside, then a minimum of three outside. Mr. Maness asked Chief Pope in his professional opinion, how many officers would be needed on the inside. Chief Pope responded seven to eight. Mr. Maness asked Chief Pope in his professional opinion, would these type of security personnel need to be licensed law enforcement, security personnel or average ordinary individuals. Chief Pope responded they could be security personnel but preferable licensed law enforcement for inside and outside. Council Member Robinson asked Chief Pope if there is any evidence to prove that this type of sporting event would attract that kind of behavior; adding he can't recall hearing of any amateur event or professional fight that ended up with more than a few boxers scuffling. Chief Pope responded he doesn't know because there are more questions than answers right now. Council Member Barfield asked Chief Pope if he has enough police officers to work these events. Chief Pope responded yes, off -duty officers could. Mayor Pro Tern Maness asked Chief Pope if he was aware of the conversation Mr. Smith had with PAL Director Rodney Rowland. Chief Pope responded that Mr. Smith and Lt. Rowland did talk but he had to leave during their conversation. Mr. Maness stated that he was under the impression that PAL still had a boxing program. Chief Pope responded that boxing at PAL has been suspended since their temporary relocation. The program will be started back up once PAL returns to their facility. Chief Pope stated that he questioned if this would be in conflict with the PAL Boxing Program and he was assured that it would not. Mayor Pro Tern Maness asked Chief Pope if PAL had a Boxing Program up until the point they temporarily relocated. Chief Pope responded the boxing program was suspended prior to PAL relocating because they didn't have an instructor at that time but he does expect this program to start back when PAL moves back to their facility. Mr. Maness asked Chief Pope is he sees this as a duplication of services. Chief Pope responded he doesn't think so because hopefully they will be dealing with two different groups and more of an opportunity than what PAL could offer them with regard to number of participants. Council Member Robinson asked Chief Pope if the PAL Program typically deals with high school age students and if one obstacle is PAL keeping a boxing coach. Chief Pope agreed. Mayor Pro Tern Maness stated that the reason he was asking is because Mr. Smith referred to everything being primarily driven for the kids, not toward adults; adding all the afterschool programs are offered by PAL and he wanted to see if they need a duplication of services and if there will be enough interest to utilize both services. Chief Pope stated there will be an increase in services and not in duplication. Chief Pope stated that Lt. Rowland has not indicated anything negative to him about this proposal. City Attorney Pope entertained questions from other parties for the applicant /proponents. None were heard. Testimonyfrom Opponents None were heard. Attorney Pope entertained further questions from the City Council members for the applicant, proponents, opponents, or for the planner or other sworn persons. He explained that once the public hearing is closed, the only questions that the Council may pose to the applicant, proponents or opponents shall be for clarification. No new evidence can be introduced after closing the public hearing. Any additional conditions that the Council wishes to consider to place upon the use of the land by the applicant, must ask the applicant ifhe/she will voluntarily place the condition upon his /herproperty at this time. City Attorney Pope entertained further questions from the Council W Mayor Pro Tem Maness asked Mr. Smith if he would be willing to accept as a condition to provide the following level of security: Three (3) outside trained security professionals, preferable sworn police officers. Seven to nine (7 -9) inside trained security professionals, preferably sworn police officers. Mr. Smith responded yes. Mr. Maness asked Mr. Smith if he would be willing to accept as a condition, only the uses he has expressed in his application (gospel concerts, boxing/MMA shows, weddings and receptions, banquet hall). Attorney Pope stated that he doesn't know they can limit to the specifics of a gospel sing versus a jazz sing versus a country sing. Mr. Pope added they can limit it to a boxing /training facility and banquet hall and not some of the other uses. Mr. Maness responded that is the intent of his conditions. City Attorney Pope stated they can limit it to boxing /MMA training events and a banquet hall. Mr. Maness asked Mr. Smith if he would be willing to accept these conditions. Mr. Smith responded yes. Council Member Robinson asked what type of gatherings could be held in a banquet hall. City Attorney Pope responded he doesn't know if the code provides a definition for a banquet hall which states what type of events or whether the Council would seek clarity from the applicant. Mr. Robinson stated that it should be clear to not taint the interpretation of an event. Attorney Pope stated that the Council can't place content based restrictions on the property. Planner Wullenwaber stated that there is not a definition of a banquet hall in the Code. There is a reference manual for any definitions not posted in the ordinance; however, she is not sure if this definition is in the manual. Mrs. Wullenwaber stated that banquet hall was listed on the application but it would fall under the use in the conditional use section 22 -461 under sports bar, dance clubs, privates clubs, and similar activities. Similar activities included the banquet hall. Attorney Pope stated that it sounds like the applicant is seeking a banquet hall and that may not be something specifically provided and allowed for and therefore it was sought to be fit within the other similar uses with sports bars and things of that nature. Mrs. Wullenwaber stated that is why they allowed the applicant to come before the Council for their discretion. Mr. Maness stated that before he can understand how to formulate a position, he would need to know what the intent was for a banquet hall. Mrs. Wullenwaber responded that she cannot provide clarification because it is not listed in the ordinance specifically what a banquet hall can include. Mr. Maness asked Mrs. Wullenwaber if the applicant asked for a banquet hall. She responded yes. Mr. Maness asked Mr. Dee Smith what is his definition of a banquet hall. He responded that the main purpose of this is for the kids. He added that he can assure there will be no kind of club. He stated that birthday parties for his niece, jazz, Valentine's Day Ball and Christmas Ball, grown respectful and no partying. Mr. Maness asked Mrs. Wullenwaber can't the activities mentioned be done without a banquet hall. Mrs. Wullenwaber responded that the use for the boxing /MMA in the ordinance falls under indoor recreation. She added that every conditional use can't list specifics so the ordinance will list similar activities. Mr. Maness stated that he does not want to see a private club or something that is turned into that and he wants to be very clear about it. He added there are other existing facilities in and around Dunn that can hold those kinds of events. He does not have a problem with the request to use the facility for training and boxing. He agrees with Council Member Robinson in being clear to set a condition; adding he wants to have a very narrow spectrum because they've had issues with these activities in the ETJ area and they have not been issues desirable or helped the welfare of the City, children or youth. There were problems that the police have had to be involved in with numerous calls and they certainly do not need this in a commercial shopping center. Mr. Maness wants his intentions to be clear and this is his concern. Council Member Robinson echoed Mayor Pro Tem Maness' concerns and stated that this conditional use follows the property. Planner Wullenwaber stated that the conditional use would also follow any subsequent occupancy. Council Member Barfield asked Planner Wullenwaber if the applicant can apply for an ABC Permit. Mrs. Wullenwaber responded that if Mr. Smith accepts the condition of no alcohol, then he cannot apply for a permit. City Attorney Pope asked Mr. Smith if he would accept as a condition to the granting of the permit that no alcohol would be served on the premises. Mr. Smith responded yes. Attorney Pope asked the Council if they had additional questions or conditions for the applicant to consider should they grant the conditional use permit. Mr. Maness asked Mr. Smith if he is aware of the noise ordinance and the hours of operation would fall under the noise ordinance. Mr. Smith responded he was aware. With no further testimony, a motion was made by Mayor Pro Tem Maness and seconded by Council Member McLean to close the public hearing for CU -02 -14 at 8:32 p.m. Motion unanimously approved. Ordinance Amendment OA -02 -14 Chapter 22; Article III, Division 12 I -100 Industrial District 39 Mayor Harris stated that this is a request to hereby amend Chapter 22, Zoning Ordinance, of the City of Dunn Code of Ordinances, Article III, Division 12. This amendment will correct a reference in Sec. 22 -221 (I -100 Industrial District). The public hearing was duly advertised on April 15, April 29 & May 6, 2014. Mayor Hams asked if there was anyone present who wished to speak for or against OA- 02 -14. Hearing no comments, Mayor Harris closed the public hearing. Ordinance Amendment OA -03 -14 Chapter 22; Article IV, Division 3 Temporary Sign Ordinance Mayor Harris stated that this is a request to hereby amend Chapter 22, Zoning Ordinance, of the City of Dunn Code of Ordinances, Article IV, Division 3. This amendment request is for text changes to the temporary sign ordinance (Sec. 22 -296). The public hearing was duly advertised on April 15, April 29 & May 6, 2014. Mayor Hams asked if there was anyone present who wished to speak for or against OA- 03 -14. Hearing no comments, Mayor Harris closed the public hearing. Ordinance Amendment OA -04 -14 Chapter 22; Article IV, Division I Prohibited Sign Ordinance Mayor Harris stated that this is a request to hereby amend Chapter 22, Zoning Ordinance, of the City of Dunn Code of Ordinances, Article IV, Division 1. This amendment request is for text changes to the prohibited sign ordinance (Sec. 22 -256). The public hearing was duly advertised on April 15, April 29 & May 6, 2014. Mayor Harris asked if there was anyone present who wished to speak for or against OA- 04 -14. Hearing no comments, Mayor Harris closed the public hearing. Ordinance Amendment OA -05 -14 Chapter 22; Article XI Board of Adjustment Mayor Harris stated that this is a request to hereby amend Chapter 22, Zoning Ordinance, of the City of Dunn Code of Ordinances, Article XI. This is a request to amend the Board of Adjustment section of the ordinance to reflect changes made during the 2013 NC General Assembly Session. The public hearing was duly advertised on April 15, April 29 & May 6, 2014. Mayor Harris asked if there was anyone present who wished to speak for or against OA- 05 -14. Hearing no comments, Mayor Harris closed the public hearing. Demolition of House 205 W. Granville Street PIN #1517 -70- 5255.000 Mayor Harris 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 Lottie S. Byrd and Willie Junior Stokes and located at 205 W. Granville Street. The public hearing was duly advertised on April 24, 2014 and May 1, 2014. Mayor Harris asked if there was anyone present who wished to speak for or against this demolition Mrs. Lottie Byrd stated that it is fine with her to demolish the property and inquired when the property would be demolished. Mr. Clarence Byrd stated that Mrs. Byrd's brother, Willie Stokes lived there and asked if she will have to pay the lien before selling the property. City Attorney Pope responded that any liens against the property will have to be cleared in order to pass title to someone else such as a buyer and he is not in a position to know what other liens may be against this WI property but the cost of demolishing the structure and cleaning it off will be a lien against the property if the Council adopts the ordinance. Mr. Byrd stated that Mrs. Byrd's brother, Willie Stokes has stated that he has no more interest in the property and he asked if Mr. Stokes can continue to handle the business of the property. Attorney Pope responded that the Council is not in a position to provide legal advice to Mrs. Bryd and this is a matter between her and her brother and ownership over property. This public hearing only relates to whether or not this building should be declared as an unsafe building. Hearing no further comments, Mayor Harris closed the public hearing. Demolition of House 903 N. King Avenue PIN #1517 -70- 1287.000 Mayor Harris 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 Jonathan Brown and located at 903 N. King Avenue. The public hearing was duly advertised on April 24, 2014 and May 1, 2014. Mayor Harris asked if there was anyone present who wished to speak for or against this demolition. Mr. Jonathan Brown of Fayetteville, NC stated that he resided at this location for approximately eighteen (18) years and back in January of this year, the house caught on fire. He stated that he is protesting the demolition because he has a potential buyer for the property. He added that the house doesn't look that bad and the roof and foundation are still in tack. He asked the Council for more time to sell the house. Hearing no further comments, Mayor Harris closed the public hearing. CDBG Grant Amendment — Harnett Training School Apartments — Catalyst Project Grant Number 12 -C -2476 Mayor Harris stated that the public has been notified that the City Council of the City of Dunn will hold a public hearing for the purpose of receiving public comment on a proposal to amend its Harnett Training School Apartments Clearance and Historic Preservation Small Cities Community Development Block Grant (CDBG) — Catalyst Project Grant Number 12 -C -2476. This amendment will change what the grant monies may be used for (changing the scope of work and amending the grant budget). The public hearing was duly advertised on April 28, 2014. Mayor Harris asked if there was anyone present who wished to speak for or against this CDBG Grant Amendment. Hearing no comments, Mayor Harris closed public hearings and reconvened the Council meeting at 8:46 pm. CONSENTITEMS At the request of Mayor Harris, consent item #14 was removed from the consent agenda for consideration. At the request of Council Member Barfield, consent item #15 was removed from the consent agenda for consideration. #11 Minutes — Council considered approval of minutes of the April 8, 2014 City Council meeting. #12 Minutes — Council considered approval of minutes of the April 22, 2014 Special Call Meeting/Budget Work Session. #13 Proclamation - Council considered approval of a Proclamation designating May 18 - 24, 2014 as National Public Works Week. Council Member Robinson read the proclamation. Mayor Harris thanked Public Works for their commitment and the job they do for the City. A copy of National Public Works Week Proclamation (P2014 -12) is incorporated into these minutes as Attachment #2. #16 Monthly Performance Status Report-HTC — Council considered approval of Status Report for the month of April, 2014 for the NC Catalyst Grant 12 -C -2476 — Harnett Training School Apartments Project. Motion by Mayor Pro Tern Maness and seconded by Council Member Tumage to approve all consent items. Motion unanimously approved. Items #14 & #15 removed from the Consent Agenda and acted upon separately: #14 Resolution - Council considered approval of a Resolution to Oppose the Elimination of the 440" Airlift Wing at Fort Bragg, NC. Manager Autry explained that the County is asking all surrounding municipalities 41 to join them in adopting this resolution. Council Member Tumage recused himself from voting as he is an employee of the Department of Defense. Motion by Council Member Robinson and seconded by Council Member McLean to approve a Resolution Opposing the Elimination of the 440'b Airlift Wing at Ft. Bragg. Motion unanimously approved. A copy of Resolution Opposing Elimination of the 440 h Airlift Wing at Ft. Bragg (R2014 -07) is incorporated into these minutes as Attachment #3. #15 Budget Amendment — Council considered approval of Budget Amendment #12. Discussion was held as it relates to the price to replace the carpet at the Library. Motion by Mayor Pro Tern Maness and seconded by Council Member Billy Tart to approve BA #12. Motion unanimously approved. A copy of BA #12 is incorporated into these minutes as Attachment #4. ITEMS FOR DECISION Conditional Use Permit CU -02 -14 Mitchell Smith PIN #1516 -39- 5002.000 1006 W. Cumberland Street This is a request for the operation of an indoor commercial recreation facility that will include a boxing/MMA facility and a banquet hall at 1006 W. Cumberland Street. This property is currently zoned C -2; Shopping Center District. The Planning Board met on April 29, 2014, reviewed the request and asked for comments from the public. After hearing the request from the applicant and no one present to speak in opposition to the request, the Planning Board voted 4 to I to recommend approval. City Attorney Pope stated that the applicant agreed to conditions during the public hearing. The only question that can be asked at this point is for clarification. City Attorney Pope recommended to Council, that procedurally the Council consider each findings of fact individually. All findings must be in the affirmative for the Conditional Use to be granted. Motion by Council Member Robinson and seconded by Council Member McLean to approve CU -02 -14 based on the following findings of fact: 1. The use requested is listed among the conditional uses in the district for which the application is made. Per the zoning ordinance Article LYDivision 1 Section 22 -461 (6)(e &), the Conditional Use is listed in the ordinance. 2. The requested use is essential or desirable to the public convenience or welfare. The requested use is desirable to the public convenience due to the type of indoor commercial recreation that is proposed and the lack ofsuch activities currently in Dunn. 3. The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. The property and surrounding property is currently commercial, office and residential. The boxing facility would be a commercial type facility and consistent with the current uses foot and vehicle traffic. 4. The requested use will be in conformity with the land development plan. The location of this request is surrounded by multiple zoning districts. The issuance of this permit will be appropriate with the anticipated growth pattern of commercial use identified in area four of the 2030 Land Use Plan. 5. Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or are being provided. All facilities are available at this location. 6. No alcohol on thepremises. 7. Security with three (3) outside trained security professionals, preferable sworn police officers and Seven to nine (7 -9) inside trained security professionals, preferably sworn police officers. 8. Use limited to Boxing /MMA training events and banquet hall. Mayor Pro Tern Maness stated that he has a concern with how this will impact the rest of the businesses in the shopping center. Parking is a great concern and he understands that the applicant has said most of these events are going to be after the current tenants of the shopping center have closed with exception to Little Caesars Pizza. It is his understanding that another potential tenant will be occupying the former Ernie's Buffet building. He stated that assuming there was a large food establishment, they may be open until late as well and Council Member Tart has brought forth the concern of the parking spaces that would be required for this restaurant since it is a much larger building. He is concerned for the future of the shopping center if another tenant comes in with extended hours and'the availability of parking for those businesses. He loves the idea and fully supports what is trying to be done but wonders if this is the right location. He doesn't want to be perceived as negative but he doesn't think this is the right location, he doesn't think the building is suitable or think that it will be compatible with the use in a commercial shopping center. He sees this being more of a stand -alone off -site building or in a warehouse section with more than 100 parking places without other retail around it. He doesn't know if cage fighting will be helpful or if it will adversely affect the existing businesses. He added that the Council has an obligation to the integrity, character and operation of the existing businesses. Council Member Turnage stated that he applauds the manner in which Mr. Smith has conducted himself tonight before the Council. This is out of their comfort zone so extra questions were asked. He wished Mr. Smith well; adding that he wished him so well that he will have to expand to a bigger place. He is willing !F to give the applicant the benefit of the doubt that he will run this professionally with security mainly for the kids. Council Member Barfield stated that he has received phone calls from businesses in the shopping center that have asked him to vote against this. Mayor Harris explained that it will take a majority to vote down the current motion on the table but if a negative motion is brought before the Chair, then it has to be a 4/5 vote which means they must have 5 votes in the affirmative to deny this permit. Council Member Robinson stated that he applauded the effort and his concern is that this program has to incubate some place. He is sure the landlord would have considered his other tenants in determining to rent property. They could be turning down what could be a benefit to the children based on a potential business coming here. Mayor Pro Tem Maness stated that his concern is this conditional use permit applies to the entire shopping center, not just to the one building the applicant is requesting to use. Council Member Barfield asked Attorney Pope that if this conditional use permit is approved and if a restaurant opens next door, can alcohol be served. Attorney Pope responded if a restaurant located in this shopping center then this conditional use would prohibit the sale of alcohol. Council Member Tart stated there is not enough parking for 299. If a restaurant comes in and is open until 9pm or l0pm, this parking lot will not accommodate those numbers. Council Member McLean stated there are times that someone should be given a chance. Motion to approve was denied 4 -2. Ayes Noes Robinson Barfield McLean Maness Turnage Tart Mayor Harris Mayor Harris explained that five council members would have to vote on any motion that is made to deny this permit based on the findings of facts. Council Member Tart asked if a motion could be made that if parking is secured at a later date, could it come back before the Council. Attorney Pope advised that at this point, they could make a motion to table or a motion to not approve the conditional use permit at which point if that is the motion, he would need to go through each of the findings and say why the finding has not been met. Attorney Pope stated that if the Council tables the matter, no new evidence such as parking can be discussed with the applicant. Mayor Harris suggested the Council table this for action at a specific time and place. Council Member Maness stated that he doesn't think finding #5 has been met because he doesn't think there is adequate parking. Council Member Robinson asked Planner Wullenwaber if the 100 parking spaces is the space located in front of the building only and not inclusive of the parking on the other side of Auto Zone. Planner Wullenwaber responded yes, the parking in front of Dollar General and beside Auto Zone is separate parking and parcels. Mayor Pro Tem Maness asked Planner Wullenwaber if they are just considering the parcel that is before the Council and consideration of parking can only be applied to this parcel. Planner Wullenwaber responded yes. Mayor Hams stated that due to clarity issues that the Council needs, he would accept a motion to table this issue until the June meeting. Since this recommendation came from the Planning Board with 4 -1 decision, the Council must take action, if not positive, then negative. They may have more clarity at the June meeting. Council Member Robinson asked Mayor Harris to inquire from the applicant what thirty days would mean for his business plans. Applicant Mr. Smith responded that investment of time and money has already been made to this project and they wanted to move forward as quickly as possible. Mr. Smith stated that the landlord has stated that additional parking on the other side of Auto Zone could be utilized. Attorney Pope stated that parking must remain with the parcel under consideration and this parking area is not contained on the parcel in consideration. Motion by Council Member Billy Tart and seconded by Council Member Tumage to table CU -02 -14 until the June meeting. Motion unanimously approved to table. Ordinance Amendment OA -02 -14 Chapter 22; Article HI, Division 12 I -100 Industrial District Mayor Harris explained that this amendment will correct a reference in Section 22 -221. Section 22 -221 permitted use (6) Recreational facilities refers to an ordinance section that does not exist. It is proposed to delete that text because it is invalid. 43 The Planning Board met on April 29, 2014, conducted a hearing and voted unanimously to approve this request. Motion by Council Member Robinson and seconded by Council Member McLean to approve OA- 02 -14. Motion unanimously approved. A copy of Ordinance (02014 -04) is incorporated into these minutes as Attachment #5. Ordinance Amendment OA -03 -14 Chapter 22; Article IV, Division 3 Temporary Sign Ordinance Mayor Harris explained that this amendment request is for text changes to the temporary sign ordinance (Sec. 22 -296). Section 22 -296 (bl) Political Signs: Under the size requirement a maximum height of 48 inches was added. This is standard for most sign ordinances and generally signs are never this large. Previously there was not a height limitation. The time limit that signs can be out according to the current ordinance is not well defined and should be distinguished between the primary and general election. The new ordinance would allow signs to be put out 45 days before one -stop early voting begins (for the primary and general) and then removed within 5 days after each election. A requirement was added clarifying how many political sign permits someone would have to get per election year and that is I (whereas now this is a gray area). All of these changes are strictly for clarification to create an ordinance that is fair, consistent and enforceable. (b2) Special Event Signs: Added the maximum height restriction of 48 inches. Delete text that was not relevant to the section. (b6) Banners and Windblown Signs: This ordinance was somewhat vague and needed clarification. A total of 3 banners or windblown signs would be allowed with total square footage not to exceed 48sgft. The requirement that these types of permits be issued once every quarter and allowed to stay up for a maximum of 30 days. Currently there is not a designation of how often a permit for these types of signs can be issued. The Planning Board met on April 29, 2014, conducted a hearing and voted unanimously to approve this request. Motion by Mayor Pro Tern Maness and seconded by Council Member Tumage to approve OA- 03 -14. Council Member Barfield stated that five (5) days is not enough time for people to remove political signs after an election. Planner Wullenwaber responded that the code has always stated five (5) days and this amendment is just for clarification and enforcement. Mayor Harris suggested clarification by stating that political signs must be removed within five (5) business days after an election; adding the term business. Motion by Council Member Tumage and seconded by Council Member Barfield to amend the language in OA -03 -14 to state five (5) business days. Motion unanimously approved. A copy of Ordinance (02014- 05) is incorporated into these minutes as Attachment #6. Ordinance Amendment OA -04 -14 Chapter 22; Article IV, Division 1 Prohibited Sign Ordinance Mayor Harris explained that this amendment request is for text changes to the prohibited sign ordinance (Sec. 22 -256). Section 22 -256 (ld): the section referenced is the wrong section and this text amendment corrects the reference. The Planning Board met on April 29, 2014, conducted a hearing and voted unanimously to approve this request. Motion by Mayor Pro Tem Maness and seconded by Council Member Robinson to approve OA- 04 -14. Motion unanimously approved. A copy of Ordinance (02014 -06) is incorporated into these minutes as Attachment #7. Ordinance Amendment OA -05 -14 Chapter 22; Article XI Board of Adjustment Mayor Harris explained that this is a request to amend the Board of Adjustment section of the ordinance to reflect changes made during the 2013 NC General Assembly Session. ME Changes were made to the Board of Adjustment ordinance to be consistent with the laws that were passed in the 2013 NC General Assembly Session. There were a few changes with the notice of hearings, variances, appeals and voting requirements. The ordinance was also cleaned up and re- organized for readability. The Planning Board met on April 29, 2014, conducted a hearing and voted unanimously to approve this request. Motion by Council Member Barfield and seconded by Council Member McLean to approve OA- 05 -14. Motion unanimously approved. A copy of Ordinance (02014 -07) is incorporated into these minutes as Attachment #8. Consideration of Ordinance to Demolish House - 205 W. Granville Street PIN #1517 -70- 5255.000 Mayor Harris stated that Building Inspector Mike Blackmon has conducted an inspection at 205 W. Granville Street and based upon his observations, the structure failed to comply with the minimum standards of fitness established by the minimum housing code of the City of Dunn. The Building Inspector also found the dwelling dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G.S. § 160A -193. The owner of the property has failed to comply with the Building Inspector's order and according to N.C.G.S. §160A443, the City Council has the power to proceed with demolition of this property. Motion by Council Member Robinson and seconded by Council Member Barfield to adopt the ordinance directing the Building Inspector to proceed with the demolition of the dwelling located at 205 W. Granville Street (PIN #1517 -70- 5255.000). Motion unanimously approved. A copy of Ordinance (02014 -08) to demolish the dwelling at 205 W. Granville Street is incorporated into these minutes as Attachment #9. Consideration of Ordinance to Demolish House 903 N. King Avenue PIN #1517 -70- 1287.000 Mayor Harris stated that Building Inspector Mike Blackmon has conducted an inspection at the burned dwelling at 903 N. King Avenue and based upon his observations, the structure failed to comply with the minimum standards of fitness established by the minimum housing code of the City of Dunn. The Building Inspector also found the dwelling dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G.S. § 160A -193. The owner of the property has failed to comply with the Building Inspector's order and according to N.C.G.S. § 160A -443, the City Council has the power to proceed with demolition of this property. Motion by Mayor Pro Tem Maness and seconded by Council Member Robinson to adopt the ordinance directing the Building Inspector to proceed with the demolition of the dwelling located at 903 N. King Avenue (PIN #1517 -70- 1287.000). Motion unanimously approved. A copy of Ordinance (02014 -09) to demolish the dwelling at 903 N King Avenue is incorporated into these minutes as Attachment #10. CDBG Grant Amendment Authorization — Harnett Training School Apartments — Catalyst Project Grant Number 12 -C -2476 Mayor Harris stated that the Council is being asked to authorize the appropriate official and City Staff to execute all necessary documentation to amend the Harnett Training School Apartments Clearance and Historic Preservation Small Cities Community Development Block Grant (CDBG) — Catalyst Project Grant Number 12 -C -2476. Motion by Council Member Barfield and seconded by Council Member McLean to authorize the appropriate official and City Staff to file and execute all necessary documents to amend the Harnett Training School Apartments Clearance and Historic Preservation Small Cities Community Development Block Grant (CDBG) — Catalyst Project Grant Number 12 -C -2476. Motion unanimously approved. Appeal Order of Building Inspector — 307 S. Magnolia Avenue Mayor Harris stated that this is a request from the property owner of 307 S. Magnolia Avenue, Mr. Ronald Gillis to appeal the Building Inspector's order allowing 90 days to make the proper repairs to this structure. Mr. Gillis has filed an appeal to request a hearing before the City Council asking for more time to complete the repairs for this structure. The Council shall render a decision on this appeal within a reasonable time. Mr. Gillis of 307 S. Magnolia Avenue, Dunn stated that he is requesting 90 days to repair the property due to his sickness and recent hospitalization. 45 Council Member Tumage stated that on Saturday, he observed seven to eight people working on this property making lots of progress. Several other Council members also observed progress being made to this structure. Attorney Pope stated that the 90 day order of the building inspector does not expire until July 10, 2014 and August would be the first chance that it could come before the Council. If this property comes before the Council in August, the property owner could still be granted additional time. Based on the progress being made, the Council could grant additional time. This is a deteriorated property. Mayor Harris explained that it is not the Council's intent to demolish homes and stated that Mr. Gillis has plenty of time to demonstrate good faith and the Council will consider this. Motion by Mayor Pro Tom Maness and seconded by Council Member Barfield to affirm the Order of the Building Inspector. Motion unanimously approved. Award Bid — I -95 Water & Sewer System Improvements — Contract 1— Phase 1 Sewer — Existing Outfall to Saddlebred Road Manager Autry explained that bids were received and opened on Thursday, April 24, 2014 for the I -95 Water & Sewer System Improvements — Contract 1 - Phase I Sewer — Existing Outfall to Saddlebred Road to serve the proposed new Rooms to Go Facility. This contract includes the installation of approximately 1110 LF of 12 -inch DI Gravity Sewer, 860 LF of 12 -inch RJDI Aerial and Gravity Sewer Installed on Driven "H" Piles. The five (5) lowest bids were submitted by the following contractors: Base Bid Sanford Contractors, Inc. $452,124.70 Sanford, NC Columbus Utilities, Inc. $540,145.00 Fair Bluff, NC Ralph Hodge Construction $545,966.50 Wilson, NC Park Construction of NC $548,713.00 Morrisville, NC Wellons Construction, Inc. $635,461.00 Dunn, NC After evaluation of bids received, Davis - Martin- Powell & Associates recommends that the City of Dunn make an award to Sanford Contractors, Inc. in the amount of $452,124.70. Motion by Council Member Barfield and seconded by Council Member Tart to award Contract 1 to lowest bidder, Sanford Contractors, Inc. in the amount of $452,124.70 subject to approval of low bidder by the various grant funding agencies. Motion unanimously approved. A copy of the certified bid tabulation for Contract 1 - I -95 Water & Sewer Improvements is incorporated into these minutes as Attachment #11. Award Bid — I -95 Water & Sewer System Improvements — Contract 2 — Water & Sewer Improvements Along Saddlebred Road Manager Autry explained that bids were received and opened on Thursday, April 24, 2014 for the I -95 Water & Sewer System Improvements — Contract 2 — Water & Sewer Improvements along Saddlebred Road to serve the proposed new Rooms to Go Facility. This contract includes the installation of approximately 2050 LF of 12 -inch DI Water Main, 340 LF of 12 -inch DI Gravity Sewer, and 1600 LF of 12 -inch PVC Gravity Sewer. The five (5) lowest bids were submitted by the following contractors: Base Bid Sanford Contractors, Inc. $297,710.60 Sanford, NC Wellons Construction, Inc. $310,980.00 Dunn, NC Park Construction of NC $329,413.00 Morrisville, NC Sandy's Hauling and Backhoe $340,610.00 Roseboro, NC M J.F. Wilkerson Contracting $347,070.00 Morrisville, NC After evaluation of bids received, Davis - Martin- Powell & Associates recommends that the City of Dunn make an award to Sanford Contractors, Inc. in the amount of $297,710.60. Motion by Council Member Tumage and seconded by Council Member Barfield to award Contract 2 to lowest bidder, Sanford Contractors, Inc. in the amount of $297,710.60 subject to approval of low bidder by the various grant funding agencies. Motion unanimously approved. A copy of the certified bid tabulation for Contract 2 - I - -95 Water & Sewer Improvements is incorporated into these minutes as Attachment #12. Award Bid - I -95 Water & Sewer System Improvements — Contract 3 — Rooms To Go Fire Protection System Manager Autry explained that bids were received and opened on Thursday, April 24, 2014 for the I -95 Water & Sewer System Improvements — Contract 3 — Rooms To Go Fire Protection System to serve the proposed new Rooms to Go Facility. This contract includes the installation of approximately 805 LF of 12- inch DI Water Main, (2) — 250,000 gallon Ground Storage Tanks and one (1) Package Fire Booster Pump Station. The four (4) lowest bids were submitted by the following contractors: Base Bid J.F. Wilkerson Contracting $1,036,485.00 Morrisville, NC Sanford Contractors, Inc. $1,097,000.00 Sanford, NC T.A. Loving Company $1,100,122.50 Goldsboro, NC H.G. Reynolds Co., Inc. $1,223,716.00 Henderson, NC After evaluation of bids received, Davis - Martin- Powell & Associates recommends that the City of Dunn make an award to J.F. Wilkerson Contracting in the amount of $1,036,485.00. Motion by Mayor Pro Tern Maness and seconded by Council Member Barfield to award Contract 3 to lowest bidder, J.F. Wilkerson Contracting in the amount of $1,036,485.00 subject to approval of low bidder by the various grant funding agencies. Motion unanimously approved. A copy of the certified bid tabulation for Contract 3 - 1 -95 Water & Sewer Improvements is incorporated into these minutes as Attachment #13. Audit Contract F/Y 2013 -2014 Manager Autry stated that Petway Mills & Pearson, PA submitted a proposal of $20,500.00 to perform the F/Y 2013 -2014 audit for the City of Dunn. Manager Autry provided the following audit cost for the last four fiscal years: 2013 - $20,000 2012 - $19,500 2011 - $19,000 2010 - $19,470 Motion by Council Member Robinson and seconded by Council Member Barfield to contract services with Petway Mills & Pearson, PA to conduct the F/Y 2013 -2014 audit for the City of Dunn at a proposed cost of $20,500.00. Motion unanimously approved. A copy of FY 13 -14 audit contract is incorporated into these minutes as Attachment #14. Consideration of Resolution Directing the Clerk to Investigate Voluntary Annexation Petition ANX -01 -14 Received Under G.S. 160A -58.1 — Rooms To Go Distribution Company, LLC 116.271 acres —PIN #1526 -46- 8343.000 Mayor Harris explained that Rooms To Go has submitted a petition requesting the non - contiguous annexation of 116.271 acres, more or less. This 116.271 acres, more or less and identified by the Harnett Country Registry as PIN #1526 -46- 8343.000 is located at 901 Rooms To Go Way. M This property is owned by Rooms To Go Distribution Company, LLC. Motion by Mayor Pro Tent Maness and seconded by Council Member Robinson to adopt the Resolution Directing the Clerk to Investigate a Voluntary Annexation Petition ANX -0 l -14 consisting of 116.271 acres, more or less (PIN #1526 -46- 8343.000) located at 901 Rooms To Go Way and owned by Rooms To Go Distribution Company, LLC. Motion unanimously approved. A copy of Resolution (R2014 -08) Directing the Clerk to Investigate a Petition Received Under G.S. 16OA -58.1 is incorporated into these minutes as Attachment #15. Award Bank Bid for Harnett Training School Campus Project and City Hall Renovation Manager Autry stated that a request for proposals was sent to local banks to finance the renovations to the Harnett Training School Campus and City Hall. This proposal is to finance $2.2M. The following banks submitted a proposal: Financial Institution Amortization Interest Reset Rate Payment (first ten ears) Fee New Century 20 10 yrs. 2.85% $146,400.35 $0 BB & T 15 10 yrs. 2.79% $181,498.62 $1,900 PNC 10 -0- 2.29 %. $248,649.26 </47,500 The debt service payments will begin in FY 2016 -17. Interest only payments will be made through July, 2015. Mayor Harris disclosed that he has been a member of the Board of Directors of New Century Bank since their origination and if the vote is a tie, he will not vote. Motion by Council Member Barfield and seconded by Council Member Tumage to award bid for financing to New Century Bank at a rate of 2.85% for ten years with a total amortization of twenty years and interest reset after the initial ten years. Motion unanimously approved. ITEMS FOR DISCUSSION AND /OR DECISION Set Date for Special Call Meeting/Budget Work Session The Council is being asked to set a Special Call Meeting/Budget Work Session for Tuesday, May 20, 2014 beginning at 8:30 am. Motion by Council Member Barfield and seconded by Council Member McLean to set a Special Call Meeting/Budget Work Session date for Tuesday, May 20, 2014 beginning at 8:30 am. Motion unanimously approved. ADMINISTRATIVE REPORTS Motion by Council Member Billy Tart and seconded by Council Member Barfield to accept the Administrative Reports. Motion unanimously approved. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ Dunn Community Clean Up Day sponsored by DACC will be held on Saturday, May 17th, 2014 — Meet at 8:30 am at Sherry's Bakery. ➢ City offices will be closed Monday, May 26, 2014 in observance of Memorial Day. ➢ If you haven't done so already, please let Debbie or Melissa know if you plan to attend Town Hall Day in Raleigh on Wednesday, June 4'h. ➢ Boogie on Broad will be held on Thursday, June 5, 2014 from 6 -9 pm in Downtown Dunn. ➢ The next regular City Council meeting is scheduled for Tuesday, June 10, 2014 at 7:00 pm. Council Member Barfield: ➢ Special Olympics of Harnett County sent a letter of thanks to the Council for their generous donation. Council Member Tumage: ➢ Announced public service recognition week and the theme is Proud to Serve. Mayor Harris stated they are proud of their veterans and of all those who continue to serve. Council Member Robinson: ➢ Wished all mothers a Happy Mother's Day. Closed Session 10:01 p.m. — Motion by Mayor Pro Tern Maness and seconded by Council Member Barfield to enter Closed Session to consult with the City Attorney regarding a contract negotiation. 10 :02 pm - Mayor Harris called for a 3 minute recess. 10:19 p.m. — Closed Session ended. 10:19 p.m. — Motion by Mayor Pro Tent Maness and seconded by Council Member Barfield to approve the minutes of the Closed Session as prepared by City Attorney Pope. Motion unanimously approved. With no further business to discuss, a motion was made by Mayor Pro Tem Maness and seconded by Council Member Barfield to adjourn the meeting at 10:20 p.m. Motion unanimously approved. Attest: Debra G. West City Clerk T ; GORoO ` yT z n'. S� Al � I i! .