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04102012215 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, April 10, 2012, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tern N. Carnell Robinson, Council Members Buddy Maness, Bryan Galbreath, 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, Human Resources Director Anne Thompson, Chief Building Inspector Mike Blackmon, Planning Director Samantha Lloyd, Recreation Director Perry Hudson, Librarian Mike Williams, City Engineer Michael Goliber, City Attorney P. Tilghman Pope, City Clerk Debra West and Daily Record Reporter Brian Haney. INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and asked Reverend Tom Wagoner of Central Baptist Church to give the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Mayor Pro Tem Robinson and seconded by Council Member Maness to adopt the April 10, 2012 meeting agenda with changes, if any, as listed below. Items Added to the Agenda: • none Agenda Items Removed: • none Motion unanimously approved. PRESENTATIONS Proclamation Presentation Link Wray Day Mayor Harris presented a Proclamation to Sherry Wray, niece of Link Wray, proclaiming May 2, 2012 as Link Wray Day in the City of Dunn. A copy of Proclamation (P2012 -05) designating May 2, 2012 as Link Wray Day is incorporated into these minutes as Attachment #1. Ms. Wray made comments about her family, their heritage and their hometown of Dunn. She thanked Mayor Harris and the entire Council for this recognition. PUBLIC COMMENT PERIOD Mayor Harris opened the floor for a (30) minute public comment period. Ms. Joy Williams, 400 N. Wilson Avenue, Dunn, NC invited everyone to the upcoming event at Wilkins Cemetery on April 28' to celebrate the on -going cleanup. Much work has been done to enhance this cemetery and she welcomed anyone who wishes to help with this on -going effort. Hearing no further comments, the public comment period was closed. Mayor Harris opened public hearings at 7:18 p.m. PUBLIC HEARINGS Ordinance Amendment OA -02 -12 Chapter 22 Article III and IX (Electronic Gaming Operations added to Accessory Uses in C -2 and C -3 Commercial Districts) Mayor Harris stated that this is a request to hereby amend Chapter 22, Zoning Ordinance, of the City of Duren Code of Ordinances; Article IH and Article IX. He added that this amendment will change the electronic gaming operation regulations in the Conditional Use section of the ordinance and it also proposes to add text to allow electronic gaming operations as an accessory use in the C -2 and C -3 Commercial districts. The public hearing was duly advertised on March 20, 27 and April 3, 2012. Mayor Harris asked if there was anyone present who wished to speak for or against Ordinance Amendment OA- 02 -12. Hearing none, Mayor Harris closed the public hearing 216 Ordinance Amendment OA -03 -12 Chapter 22 Article IV (Off - premise Sign Ordinance added to C -1 Central Commercial District) (Tabled at 3 -27 -12 Planning Board Meeting) 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. He added that this amendment will create an off - premise sign ordinance in the C -1 Central Commercial District. The public hearing was duly advertised on March 20, 27 and April 3, 2012. Mayor Harris explained that the Planning Board met on March 27, 2012 and reviewed the ordinance amendment request. After extensive discussion among board members, the Planning Board tabled the request in order to receive more information and add some changes to the ordinance. Motion by Mayor Pro Tern Robinson and seconded by Council Member Billy Tart to reschedule this public hearing for the May 8, 2012 City Council meeting, with no further advertisement required. Motion unanimously approved. Alley Closure Between S. Railroad Ave. and S. Fayetteville Ave. Running from W. Pope St. and W. Bay St. Mayor Hams stated that the public has been notified that oral and written comments will be heard and received concerning the request to permanently close the public alley between S. Railroad Avenue and S. Fayetteville Avenue rumiing from W. Pope Street and W. Bay Street. The public hearing was duly advertised on March 19, 26 and April 2, 9, 2012. Mayor Hams asked if there was anyone present who wished to speak for or against this alley closure. Hearing no comments, Mayor Hams closed public hearings at 7:22 p.m. CONSENTITEMS Minutes — Council considered approval of minutes of the March 2 -3, 2012 Budget Retreat/Planning Session. Minutes — Council considered approval of minutes of the March 13, 2012 City Council meeting. Proclamation - Council considered approval of a Proclamation designating April 29 — May 5, 2012 as Municipal Clerks Week. Mayor Harris read the proclamation. A copy of Municipal Clerks Week Proclamation (P2012 -06) is incorporated into these minutes as Attachment #2. Proclamation - Council considered approval of a Proclamation designating April 8 - 14, 2012 as National Library Week. Council Member Barfield read the proclamation. A copy of National Library Week Proclamation (P2012 -07) is incorporated into these minutes as Attachment #3. Proclamation - Council considered approval of a Proclamation designating May 19, 2012 as Dunn Community Clean Up Day in the City of Dunn. Mayor Pro Tem Robinson read the proclamation. A copy of Dunn Community Clean Up Day Proclamation (P2012 -08) is incorporated into these minutes as Attachment #4. Motion by Council Member Billy Tart and seconded by Council Member Barfield to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Ordinance Amendment OA -02 -12 Chapter 22 Article III and IX (Electronic Gaming Operations added to Accessory Uses in C -2 and C -3 Commercial Districts) Manager Autry stated that this amendment will change the electronic gaming operation regulations in the conditional use section of the ordinance and it proposes to add text to allow electronic gaming operations as an accessory use in the C -2 and C -3 Commercial districts. Section 22 -163 and 22 -182 new text was added to allow electronic gaming operations as an accessory use in an established commercial business. The business must have a privilege license fcr a primary/permitted use and then they may add the electronic gaming machines as an accessory use up to bur (4) machines. 217 Section 22 -461 (6) and (7) this revision is in the conditional use section of the ordinance. It would eliminate the regulation that requires a 600ft separation between a "stand - alone" electronic gaming operation and a residence. The Planning Board met on March 27, 2012, conducted a hearing and voted unanimously to approve this request. Mayor Harris explained that an additional fee will be imposed if a business has more than (4) machines. This fee will be established in the FY 12 -13 Budget. Council Member Maness questioned why some of these businesses are operating beyond the established hours of operation in the ordinance. Planning Director Lloyd explained that those businesses which were established prior to the adoption of the ordinance in 2008 do not have to adhere to the established hours. Discussion was held about eliminating the 600ft rule and enforcement of the half -miie rule and controlling outside activities at current establishments. A motion was made by Council Member Galbreath to table OA- 02 -12. Motion died for lack of second. Motion by Mayor Pro Tem. Robinson and seconded by Council Member Barfield to deny OA- 02 -12. Motion unanimous to deny. Consideration of Resolution and Order to Permanently Close the Public Alley between S. Railroad Ave. and S. Fayetteville Ave. running from W. Pope St. and W. Bay St. Motion by Council Member Galbreath and seconded by Council Member Tumage to adopt the Resolution and Order to close the public alley between S. Railroad Avenue and S. Fayetteville Avenue running from W. Pope Street and W. Bay Street. Motion unanimously approved. A copy of Resolution (R2012 -09) to close the public alley between S. Railroad Ave. and S. Fayetteville Ave. running from W Pope St. and W. Bay St. is incorporated into these minutes as Attachment #S. Consideration of Ordinance to Repair or Demolish Dwelling — 400 S. Magnolia Avenue PIN #1516 -65- 3779.000 PARCEL #02151611180001 (Tabled at 3 -13 -12 CCMtg.) Motion by Council Member Maness and seconded by Council Member Barfield to table this Ordinance until the May 8, 2012 meeting and to continue to receive progress reports from the Building Inspector. Chief Building Inspector Mike Blackmon provided the Council with a list detailing all work performed at this property since the March Council meeting and reported that renovations are continuing to move forward. Windows are being replaced and the entire upstairs is being rewired. Mayor Harris asked Inspector Blackmon to bring back to the May meeting, an estimated date of completion. Inspector Blackmon stated that Ms. Benton is making repairs beyond the minimum housing write -up requirement. Motion unanimously approved. Proposed Pledge Amounts for Naming Rights - Tyler Park PARTF Grant Project Manager Autry stated that the Council is being asked to approve the following naming rights minimum amounts to accomplish the Tyler Park Improvement: $300,000 — Naming of Parkin addition to Tyler Park Name (Example: John Smith Athletic Complex at General Donation Programs: Half million -dollar Club ($5,000 per citizen or business) Brick Paver — Sponsorship program once design is finalized A formal resolution authorizing the Sale of the Naming Rights and formal documents outlining bid procedures and payment agreements will be prepared by Attorney Pope and presented at the May 8" meeting. Tyler Park) $200,000 — Center Control Tower $150,000 — Miracle Field $100,000 — Each Athletic Field $ 50,000— Tennis Courts $ 25,000 — Shuffleboard Courts $ 25,000 — Splash Pad General Donation Programs: Half million -dollar Club ($5,000 per citizen or business) Brick Paver — Sponsorship program once design is finalized A formal resolution authorizing the Sale of the Naming Rights and formal documents outlining bid procedures and payment agreements will be prepared by Attorney Pope and presented at the May 8" meeting. 218 Motion by Council Member Maness and seconded by Council Member Turnage to approve the proposed naming rights minimum amounts for the Tyler Park PARTF Grant Project. Motion unanimously approved. Consideration of Authorizing Resolution to File an Application with the NC Rural Center for a Rural Hope Grant — Harnett Health System— Wound Care Center Manager Autry explained that the Council is being asked to authorize the Mayor to file an application on behalf of the City of Dunn with the Rural Center for a Rural Hope Grant to assist in the construction of a Wound Care Center near the hospital campus on Tilghman Drive. He added that Harnett Health System is applying for a Rural Hope Grant in the amount of $200,000 combined with $311,000 funds from Betsy Johnson Regional Hospital. Upon completion, the Wound Care Center will create 10 new healthcare jobs. The local government must contribute a cash match of at least 5% of the grant amount; $10,000 maximum. Motion by Mayor Pro Tem Robinson and seconded by Council Member Billy Tart to approve the Resolution Authorizing the Mayor to file an application on behalf of the City of Dunn with the Rural Center for a Rural Hope Grant for Harnett Health Systems. Motion unanimously approved. A copy of the Authorizing Resolution (82012 -10) to file an Application with the Rural Center for a Rural Hope Grant — HHS is incorporated into these minutes as Attachment #6 Consideration to Install 4 -way Stop Sign at the Intersection of E. Harnett Street and N. Sampson Avenue Motion by Mayor Pro Tem Robinson and seconded by Council Member Galbreath to reverse the stop signs at Sampson Avenue and Harnett Street to observe the impact of the traffic pattern for a period of 90 days. Manager Autry stated that for safety concerns, warning signs will be installed to let the public know that the traffic pattern has changed at this intersection. Motion unanimously approved. Temporary Blocking of Street — North Wilson Avenue at Wilkins Cemetery Manager Autry stated that a request has been received from Ms. Joy Williams, Co- president of the Wilkins Cemetery Community Committ ee, to close a 400' portion of N. Wilson Avenue on Saturday, April 28, 2012 from 10:00 am until 4:00 pm for the purposes of a program and picnic at Wilkins Cemetery. Motion by Mayor Pro Tem Robinson and seconded by Council Member Tumage to approve the temporary street closing as requested by the Wilkins Cemetery Community Committee. Motion unanimously approved. ITEMS FOR DISCUSSION AND /OR DECISION Financial Report Manager Autry provided the following financial report for the period ending February 29, 2012 • As of February 29, 2012, the City had $3.4M in cash in the General Fund and $2.8M in the Water - Sewer Fund. In February of 2011 the City had $3.4M in the General Fund and $2.7M in the Water -Sewer Fund. • Investment earnings are in the .35 % -.20% range. This is within the budgeted range. • Building permit fees were $26,624 or 33.28% of budget. Benchmark for this month is 66.67% of budget. • Water and sewer revenues were $2.9M or 68.25% of budget. Benchmark for this month is 66.67% of budget. • Average fuel cost in February for unleaded was $2.96 per gallon and diesel was $3.31 per gallon. The City budgeted $3.00 per gallon. • Sales tax distribution was $794,206 or 59.49% of budget. Benchmark for this month is 58.33% of budget. • Expenditures were 63.36% of budget in the General Fund and 56.23% of budget in the Water and Sewer fund. The benchmark for this period is 66.67% of budget. Summer Hours Manager Autry explained that for the past eight years, the City Council has approved summer operating hours for City offices. The summer hours of 7:30 am -4:00 pm begin May I" and end August 31". Mr. Autry requested that the Council consider including the month of September for summer operating hours as well. 1 I f 1 aLll The transition to summer hours has worked very well during the past seven years. To allow adequate time to notify our citizens, the City Council is being asked to adopt these hours effective May I". Motion by Council Member Tumage and seconded by Mayor Pro Tem Robinson to adopt the summer operating hours of 7:30 am — 4:00 pm beginning May 1n and ending September 30'h for the City of Dunn employees. Motion unanimously approved. Set Date for Special Call Meeting/Budget Work Session Manager Autry stated that the Council is being asked to set a Special Call meeting,-Budget Work Session for Tuesday, May 15, 2012. Suggested time to begin the meeting is 8:30 am. Motion by Council Member Galbreath and seconded by Council Member Tumage to set a Special Call Meeting/Budget Work Session date for May 15, 2012 beginning at 8:30 am. Motion unanimously approved. ADMINISTRATIVE REPORTS Motion by Council Member Maness and seconded by Council Member Billy Tart to approve the Administrative Reports. Motion unanimously approved. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ Boogie on Broad will be held on Thursday, April 12P from 6 -9 pm in Downtown Dunn. ➢ Mid - Carolina Council of Governments meeting is scheduled for Thursday, April 260' at 6:00 pm at Triangle South in Dunn. Please let Debbie know if you plan to attend. ➢ The Mayor's Prayer Breakfast is scheduled for Thursday, May 3rd at 7:30 am in the Gospel Tabernacle Life Center. Also, the AP Government Class from Triton High School will be participating in the Leaders of Tomorrow (Shadow) Program and mock City Council meeting on this same date. ➢ The next regular City Council meeting is scheduled for Tuesday, May 8, 20I2 at 7:00 pm. ➢ He recognized Midway High School students Alex Boggs and Dillon Jackson who were in attendance to receive credit in their Honors Civics Class. ➢ He thanked Sherry Wray, Dr. Ennis and Mayor Weeks for their attendance tonight. Council Member Galbreath: ➢ PAL Community Fair will be held on April 13 -22, 2012 at the old Wal -Mart Parking Lot in the Harnett Crossings Shopping Center. ➢ Mobile food pantry will be giving away 12,000 lbs. of free groceries in Dunn on Saturday, April 14, 2012 at the old Wal -Mart Parking Lot in the Harnett Crossings Shopping Center. ➢ He along with Mayor Pro Tem Robinson will hold an informational meeting for the citizens and business owners of Wards 2 and 3 on Tuesday, April 2e from 6:30 - 8 pm in the PAL cafeteria. It is requested that the Mayor or City Manager attend. Manager Autry: ➢ He provided an update on the progress of the Downtown Revitalization Project. ➢ He announced that the City of Dunn Blackriver Wastewater Treatment Plant is the featured spotlight in this months' edition of the NC American Waterworks Association Statewide Magazine. This positive article focuses on the recently completed 9M dollar improvement to the wastewater system through -out the City and upgrades at the Wastewater Plant. Council Member Barfield: ➢ He's received calls with regard to peddlers in town and pointed out that this is not fair to the local merchants. He requested that this ordinance be reviewed. Mayor Pro Tem Robinson: ➢ He asked Manager Autry for additional help with law enforcement during the food give -a -way on April 14`. ➢ He encouraged everyone to participate in the Dunn Community Clean -up Day on May 19`s. �✓ With no further business to discuss, a motion was made by Council Member Barfield and seconded by Council Member Maness to adjourn the meeting at 8:31 p.m. Motion unanimously approved. CITY p�O O car N. Harris GORPO L = Mayor Attest: `SEAL ` Debra G. West ',9T ' "•• -••' y CARO,p ' City Clerk i�� /it n ..10"