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0707200554 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Thursday, July 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 Bryan Galbreath, Billy Tart, Billy R. Godwin, Jr. and Joey Tart. Also present was Assistant City Manager/Public Works Director Ronnie Autry, Human Resources /Safety Officer Moses Gallion, City Planner Julie Reid, Police Major Morry Denning, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter. Lisa, Farmer. Council Member Buddy Maness was absent (excused). Assistant City Manager/Public Works Director Ronnie Autry` presided in the absence of City Manager Uskiewicz (out of town). INVOCATION Mayor Snipes opened the meeting at 7:00 p.m. and asked Council Member Galbreath to give the invocation. Afterwards, the pledge of allegiance was repeated. Mayor Snipes informed the Council that Council Member Maness was out of state and read a letter from Mr. Maness requesting that he be excused from tonight's meeting. Motion by Council Member Joey Tart, seconded by Council Member Billy Tart to excuse Council Member Maness from tonight's meeting. Motion unanimously approved. Mayor Snipes closed the regular meeting and opened public hearings at 7:03 p.m. PUBLICHEAR17VGS ALLEY CLOSING NORTH -SOUTH FROM CANARY STREET TO GODWIN STREET BETWEEN SOUTH FAYETTEVILLE AVENUE AND NORTH RAILROAD AVENUE The public has been notified that oral and written comments will be heard and received concerning the request to permanently close the alley running north -south from Canary Street to Godwin Street between South Fayetteville Avenue and North Railroad Avenue. The public hearing was duly advertised June 9, 16, 23 and 30, 2005. Mayor Snipes asked if there was anyone present to speak for or against this alley closing. Hearing none, public hearing was closed with reference to same. REZONING REQUEST PIN # 1516 -80 -3293, #1516 -00 -3386 608 SPRING BRANCH RD. (34 POPE RD.) FAITH EDUCATION ACADEMY NEAL AND TERESA JONES The public has been notified that oral and written comments will be heard and received concerning the request by Neal and Teresa Jones of Faith Education Academy, to rezone a parcel of property (.745 acre) at 608 Spring Branch Road, which is located on the west side of Pope Road (Spring Branch Rd) approximately 400 feet east of the intersection with I -95. This property is zoned C -3 Highway Commercial and is requested to be rezoned to C -O Office /Institutional. The public hearing was duly advertised on June 21, 2005 and June 28, 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 AMENDMENTS TO ZONING ORDINANCE, CHAPTER 22 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 Ordinances, Chapter 22. Revisions under consideration are: a. Chapter 22, Article IV- Revising Administrative responsibilities through -out this section. b. Chapter 22, Article IV- Section 22 -291 correcting a conflict within the Ordinance. c. Chapter 22, Article XI, Board of Adjustments, brining Ordinance into conformance with State Statute. The public hearing was duly advertised on June 21, 2005 and June 28, 2005. Mayor Snipes asked if there was anyone present to speak for or against the proposed code amendments. Hearing none, motion by Mayor Pro -Tem Olds, seconded by Council Member Godwin 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 Hearing none, the following items consent items that Council wished to pull for further discussion. ,e considered by Council: Minutes- Council considered meeting. Minutes- Council considered meeting. Minutes - Council considered Tax Releases/Refunds- Council cc Tax Releases /Refunds are filed in of minutes of the May 17, 2005 Special Call Budget Work Session of minutes of the May 27, 2005 Special Call Budget Work Session of minutes of the June 2, 2005 meeting. approval of Tax Releases/Refunds #103 - #111. of the Tax Collector Personnel Policy Revision - Council considered approval of a personnel policy revision within the employee benefits section of the Dunn Personnel Policy Manual. This revision adds the language "Employees who are 65 years of age or older are eligible for Medicare and the City will reimburse them for the level of Medicare supplement for which they are eligible ". Motion by Council Member Joey items. Motion unanimously appr ITEMS FOR DECISION ALLEY CLOSING NORTH -SOUTH FROM CANA GODWIN STREET BETWEEN AVENUE AND NORTH RAILR seconded by Council Member Billy Tart to approve all consent STREET TO UTH FAYETTEVILLE D AVENUE The Resolution of Intent to close the alley running north -south from Canary Street to Godwin Street between South Fayetteville Avenue and North Railroad Avenue was adopted by the City Council on June 2, 2005 and the public hearing was held tonight. To proceed with the alley closure, a / abutting property to this alley is ow. permanently. Motion by Council Member Galbre Order to close the alley running nor Fayetteville Avenue and North Rail (R2005 -08) approving the closing o between South Fayetteville Avenue Attachment #1. volution and Order is attached for council consideration. All by Mr. George Wise, who has petitioned the City to close the alley seconded by Mayor Pro -Tem Olds to approve the Resolution and outh from Canary Street to Godwin Street between South I Avenue. Motion unanimously approved. A copy of Resolution a alley running north -south from Canary Street to Godwin Street North Railroad Avenue is incorporated into these minutes as REZONING REQUEST PIN #1516 -80- 3293, #1516 -00 -3386 608 SPRING BRANCH ROAD (34 POPE RD.) FAITH EDUCATION ACADEMY NEAL AND TERESA JONES This is a request from Neal and Teresa Jones of Faith Education Academy to rezone a parcel of property (.745 acre) at 608 Spring Branch Road and located on the west side of Pope Road (Spring Branch Road) approximately 400 feet east of the intersection with I -95. This property is zoned C -3 Highway Office/Institutional. Mayor Snipes informed the council t of a lunchroom building addition on The Planning Board met on June 28, Motion by Council Member Billy TE Neal and Teresa Jones of Faith Educ Spring Branch Road from C -3 High% approved. and is requested to be rezoned to C -O this is a corrective zoning issue which will allow the construction site. and recommended approval of this rezoning. seconded by Council Member Galbreath to approve the request by in Academy to rezone a parcel of property (.745) located at 608 Commercial to C -O Office/Institutional. Motion unanimously CODE AMENDMENTS TO CHAI TER 22 (ZONING ORDINANCE) 55 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 Ordinances, Chapter 22 (Zoning Ordinance). 56 The Planning Board met June 28, 2005 and recommended approval of the proposed code amendments. Revisions under consideration are: a. Chapter 22, Article IV- Revising Administrative responsibilities through - out this section (Sign Ordinance) Motion by Council Member Godwin, seconded by Mayor Pro -Tern Olds to approve above code amendment as presented. Motion unanimously approved. Ordinance (02005 -11) filed in Ordinance Book. Mayor Snipes explained that this is a language change to change the jurisdiction of the sign ordinance from the Building Inspector to the Zoning Administrator. b. Chapter 22, Article IV, Section 22 -291 correcting a conflict within the Ordinance (Sign Ordinance) i Council Member Godwin stated that the present code is not inconsistent at this point. The present code's definition of a freestanding sign states that it can be over 42 inches in height. The proposed amendment would reduce the size of free - standing signs and wall signs for non - residential uses in a Residential zone. Motion by Council Member Billy Tart, seconded by Council Member Godwin to deny the above code amendment. Mayor Snipes asked if there was further discussion. Council Member Joey Tart asked City Planner Julie Reid to explain the proposed amendment. Ms. Reid explained that this amendment would provide consistency within the ordinance. Although it would limit a free - standing sign to not exceed 42 inches in height, part of the purpose for this proposed amendment is to allow a free - standing sign to be placed ten (10) feet closer to the road. Council Member Billy Tart asked Mrs. Reid if churches and civic organizations would be affected by this change. Mrs. Reid explained that the non - residential use in a residential zone consists of public and non- profit organizations of an educational, religious or cultural nature. Mr. Tart expressed concern that some churches feel that the ordinance is already harsh with reference to their signage. He explained that is his basis for denying this amendment. Further discussion was held about existing signs. Mrs. Reid was asked how this amendment will affect those signs. Will those signs be grandfathered in? Mrs. Reid explained that if a sign was established legally, then it would have a legal right to continue, however, if a sign was placed without a permit or in violation of the ordinance and did not conform to the ordinance today, then it would not have a grandfathered status. i Council Member Tart asked Mrs. Reid to explain the difference in the proposed ordinance and the existing one as it pertains to installing a ground sign. Mrs. Reid explained that this amendment would not change the existing ground sign regulations. It would reduce a freestanding sign from 48 inches to 42 inches in height and allow it to be placed ten feet closer to the right -of -way. Also the existing wall sign ordinance within this zone states that a wall sign shall not exceed 15% of the wall area and it is being proposed to reduce the percentage to 10 %. By reducing it to 10 %, it will be consistent through -out the ordinance. Further discussion was held about allowed signage. Motion unanimously approved to deny the proposed code amendment (Chapter 22, Article IV, Section 22 -291). c. Chapter 22, Article XI, Board of Adjustments, bringing Ordinance into conformance with State Statute Motion by Council Member Godwin, seconded by Council Member Billy Tart to approve the proposed code amendment by adding the language "by the appointing authority" under (D) (1) of Section 22 -552. This section shall read "Members of the Board may be removed by the auoointina authoritv for cause, including violation of the rules stated below." Motion unanimously approved. Ordinance (02005 -12) filed in Ordinance Book. Council Member Godwin explained that the additional language clarifies the amendment. The County Board of Commissioners (may appoint ETJ members) and the City Council would both serve as an appointing authority. VOLUNTARY ANNEXATION WARREN PROPERTY A petition has been filed requesting contiguous annexation of .91 acres of property located at 1989 US 301 North. William Irvin Warren, owner of the property, has requested voluntary annexation of his property. To proceed with this annexation, a Resolution Directing the Clerk to Investigate Petition is included for council consideration. Motion by Mayor Pro -Tern Olds, seconded by Council Member Joey Tart to adopt the Resolution Directing the Clerk to Investigate a Petition received for a contiguous annexation of .91 acres of property owned by William Irvin Warren and located at 1989 US 301 North. Motion unanimously approved. A copy of 57 Resolution (R2005 -09) Directing the Clerk to Investigate a Petition for contiguous annexation of 1989 US 301 North is incorporated into these minutes as Attachment #2. POLICE DEPARTMENT ADOPT RESOLUTION FOR NC GOVERNOR'S HIGHWAY SAFETY PROGRAM GRANT The Dunn Police Department is requesting that the City Council adopt the "Local Government Resolution Form GHSP -02 -A" authorizing the filing of an application for a grant through the NC Governor's Highway Safety Program for federal funding in the amount of $44,565 with a local match of $44,965. The local match of $44,965 was included in the FY 2005/2006 adopted budget. This is the third and final year continuation of this grant which was first received in 2003. This year, there is a local match of 50% for personnel costs and 75% for other direct costs (last year's local match was 25% �✓ personnel and 50% other direct costs). This grant has previously been approved by council pending notification of it being awarded by the state. Motion by Council Member Galbreath, seconded by Mayor Pro -Tern Olds to adopt the resolution authorizing the filing of an application for a grant through the NC Governor's Highway Safety Program for federal funding in the amount of $44,565 with a local match of $44,965. Motion unanimously approved. A copy of Resolution (R2005 -10) authorizing the filing of an application for the NC Governor's Highway Safety Program grant is incorporated into these minutes as Attachment #3. ASCAP (AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS) LICENSE AGREEMENT According to ASCAP, local governments must have a license to obtain the necessary permission for their public performances of copyrighted music. ASCAP states that to publicly perform copyrighted music legally, permission must be obtained from the copyright owners or their representatives, such as ASCAP (American Society of Composer, Authors, and Publishers). Mayor Snipes yielded to the council for comments and/or questions concerning this issue The council questioned City Attorney Pope about the need for this license. Attorney Pope explained that approximately two years ago, ASCAP started going after some municipalities with the concept that if a municipality plays music while a customer is on hold on the telephone, then ASCAP should receive royalties on the music being played. ASCAP also suggested that they should J receive royalties on music played during a baseball tournament held on a city-owned field. Examples of other events covered according to ASCAP, include music played during Recreation Center activities and music played in Christmas Parades. Attorney Pope stated that the IMLA (International Municipal Lawyers Association) and ASCAP negotiated a license for local government entities based upon population. ASCAP has sent out invoices and agreements all over the country for local governments to approve. The fee for the City of Dunn is $268.00. Mr. Pope explained that the council could approve or disapprove the contract; however, the City could potentially pay more than the $268.00 fee to Attorney Pope if he investigated this issue further. The council discussed the consequences if this agreement was not approved. Motion by Council Member Joey Tart, seconded by Mayor Pro -Tem Olds to table the License Agreement between ASCAP and the City of Dunn. Motion unanimously approved. CONTRACTS FOR RECREATION CENTER AND FACILITIES NAMING RIGHTS In December, 2003 the City Council adopted a Resolution Authorizing the Sale of the Naming Rights to the Proposed Recreation Center and Facilities. The new Recreation Center is approaching completion. Mayor Snipes explained that before the City Council tonight is the first group of Agreements for Sale of Naming Rights. Additional agreements will be forthcoming in August. City Attorney Pope stated that the City Council approved the form of this contract in December, 2003. Tonight, the council will consider each contract individually, the amount of money pledged and the name chosen by the donor to display. Mayor Snipes proceeded to announce each donor individually along with the amount pledged and the name they propose to display. City of Dunn Ant. Pledeed Namine Right Intended Name to Disnlav Recreation Center and Facilities Namine Rights 1) Dr. P.K. Vyas M.D. $100,000.00 Entire Facility Dr. P.K. Vyas M.D. Recreation Center 58 Motion by Council Member Joey Tart, seconded by Mayor Pro -Tem Olds to approve the Recreation Facility Naming Rights Agreement with Dr. P.K. Vyas, M.D. for the naming rights to the entire facility. Motion unanimously approved. A copy of this Agreement for Sale of Naming Rights by Dr. P.K. Vyas M.D. is incorporated into these minutes as Attachment #4. 2) Dunn Area Boosters $25,000.00 Wellness/Fitness Dunn Area Boosters Room Motion by Council Member Joey Tart, seconded by Council Member Godwin to approve the Recreation Facility Naming Rights Agreement with the Dunn Area Booster for the naming rights to the Wellness/Fitness Room. Motion unanimously approved. A copy of this Agreement for Sale of Naming Rights by the Dunn Area Boosters is incorporated into these minutes as Attachment #5. 3) Carlie C's Operation $25,000.00 %z Gymnasium Carlie C's IGA Center, Inc. Motion by Council Member Galbreath, seconded by Council Member Godwin to approve the Recreation Facility Naming Rights Agreement with Carlie C's Operation Center, Inc. for the naming rights to %z of the gymnasium. Motion unanimously approved. A copy ofthis Agreement for Sale of Naming Rights by Carlie C's Operation Center, Inc, is incorporated into these minutes as Attachment #6. 4) Ben Thompson & $25,000.00 Indoor Batting Ben & Patrice Thompson Family Cage Graham & Ashlyn Thompson Motion by Council Member Godwin, seconded by Council Member Joey Tart to approve the Recreation Facility Naming Rights Agreement with Ben Thompson and Family for the naming rights to the Indoor Batting Cage. Motion unanimously approved. A copy of this Agreement for Sale of Naming Rights by Bee Thompson and Family is incorporated into these minutes as Attachment #7. 5) New Century Bank $25,000.00 Indoor New Century Bank Racquetball Room Motion by Council Member Joey Tart, seconded by Mayor Pro -Tem Olds to approve the Recreation Facility Naming Rights Agreement with New Century Bank for the naming rights to the Indoor Racquetball Room. Motion unanimously approved. A copy of this Agreement for Sale of Naming Rights by New Century Bank is incorporated into these minutes as Attachment #8. Mayor Snipes recognized and thanked each donor as they were approved individually. INSURANCE RESOLUTION WORKERS' COMPENSATION NOTE: Mayor Pro -Tem Olds presided over the Council during the discussion and vote of this agenda item. Mayor Pro -Tem Olds stated that attached is an updated resolution which will replace a resolution initially adopted by the City Council on June 15, 2004 as it relates to approving the renewal of the workers' compensation insurance through Snipes Insurance Service, Inc. Mr. Olds stated that pursuant to N.C.G.S. 14 -234, if the City is going to do business with an elected official, it must do so in an open meeting by specific resolution. The City is proposing to renew the workers' compensation coverage through Snipes Insurance and the City Council must therefore pass a specific resolution authorizing such action. The renewal is effective for FY 2005 -2006. Council Member Godwin pointed out that this renewal is saving the City of Dunn $29,759.00. Motion by Council Member Galbreath, seconded by Council Member Godwin to adopt the resolution authorizing the City of Dunn to renew the workers' compensation coverage through Snipes Insurance. Motion unanimously approved. A copy of the Resolution (R2005 -11) authorizing the City of Dunn to renew workers' compensation through Snipes Insurance is incorporated into these minutes as Attachment #9. ADMINISTRATIVE REPORTS Motion by Council Member Galbreath, seconded by Council Member Billy Tart to approve the Administrative Reports. Motion unanimously approved. EXECUTIVE REPORTS Mayor Pro -Tem Olds stated that he has been contacted by several residents who reside on Carr Sheet. These residents are signing a petition to ask that the City take action to address criminal activity taking place in their neighborhood. Mr. Olds requested that the City of Dunn assist in this situation. The Police Department is aware of the situation and they are handling it in a proactive manner. Council Member Galbreath congratulated Major Morry Denning and Captain Tony Strickland on their recent promotions within the Police Department. 59 Council Member Galbreath also recognized Library Director Mike Williams and welcomed him to the City, The Council asked Assistant City Manager/Public Works Director Ronnie Autry to give an update on the McKay Avenue project. Mr. Autry stated that he is in the process of talking with the contractor about resurfacing from Cumberland Street north to the end of the project at Johnson Street. The general contractor will make contact with the paving contractor to proceed with the resurfacing. The project should be finalized by the end of the month. Mr. Autry also reported that resurfacing will begin on Pope Road from S. Clinton Ave. to S. Elm Ave. The state has completed their pipe project. Mr. Autry also reported that the Highway 421 widening project is almost complete. Some find grading, seeding, and storm drainage work will finalize this project. Council Member Godwin thanked the citizens for their patience during the line replacement on McKay Avenue. Mayor Snipes thanked Assistant City Manager/Public Works Director Ronnie Autry for presiding in the Manager's absence and for his wisdom and guidance. Mr. Autry asked Library Director Mike Williams to stand. He welcomed him to the staff. Mayor Snipes announced that Fire Chief Austin Tew has been in the hospital and will be out of work the remainder of this month. He wished him well. Attorney Pope asked that the City Council add a Closed Session to the Agenda. 8:00 p.m. Motion by Council Member Godwin, seconded by Mayor Pro -Tem Olds to add a closed session and to go into closed session pursuant to N.C.G.S. 143- 318.11 to consult with the City Attorney to maintain the Attorney /Client Privilege to discuss pending legal matters. Motion unanimously approved. Closed Session 9:05 p.m. Closed Session Adjourned and the regular council meeting reconvened. Motion by Council Member Godwin, seconded by Mayor Pro -Tem Olds to approve the minutes of the closed session as recorded by Attorney Pope. Motion unanimously approved. Motion by Council Member Godwin, seconded by Mayor Pro -Tem Olds to authorize the Mayor or City Manager to submit an offer of $90,000 to purchase the Fisherman's Paradise Property located at 223 E. Broad Street contingent on Phase I environmental assessment audit results satisfactory and meet the approval of the City. Motion unanimously approved. INFORMATION With no further business to discuss, the meeting was adjourned at 9:10 p.m. A est: n,{ //'' /I �Gl C.(1 Cz� Debra G. West City Clerk G1TY OFOG GORPOg CAR " O ��.�� �� i