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0901200567 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Thursday, September 1, 2005, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor J. Dal Snipes, Mayor Pro -Tem Donnie Olds, Council Members Buddy Maness, Bryan Galbreath, Billy Tart, Billy R. Godwin, Jr. and Joey Tart. Also present was City Manager Mike Uskiewiez, Assistant City Manager /Public Works Director Ronnie Autry, Human Resources /Safety Officer Moses Gallion, Recreation Director Perry Hudson, Police Chief Tim Benware, Fire Chief Austin Tew, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter Lisa Farmer. INVOCATION L - Mayor Snipes opened the meeting at 7:00 p.m. and asked Council Member Joey Tart to give the invocation. Afterwards, the pledge of allegiance was repeated. PRESENTATION Mayor Snipes presented a Proclamation recognizing the Dunn Recreation Department Girls Fast Pitch Ponytails Softball Team for winning the state championship and for being the first City of Dunn Recreation Team to compete in the World Series in Alabama. Mayor Snipes read the Proclamation and made additional comments about the accomplishments of this team. Coach Stanley Johnson and Dwight Tart (on behalf of the parents), thanked the City Council and the Recreation Department for their support. A copy of Proclamation (P2005 -13) recognizing the Dunn Recreation Girls Fast Pitch Ponytails Softball Team is incoiporated into these minutes as Attachment #1. PUBLIC COMMENT PERIOD Mayor Snipes opened the floor for a (30) minute public comment period. Hearing no comments, the public comment period was closed. Mayor Snipes closed the regular meeting and opened public hearings at 7:10 p.m. PUBLICREARINGS VOLUNTARY ANNEXATION WARREN PROPERTY PIN #1517 -94 -5277 The public has been notified that oral and written continents will be heard and received concerning the question of voluntary contiguous annexation of .91 acres of property owned by William Irvin Warren. This property is located at 1989 US 301 North and identified by Harnett County tax records as PIN #1517 -94- 5277. The public hearing was duly advertised on August 18, 2005 Mayor Snipes asked if there was anyone present to speak for or against this annexation. Hearing none, the public hearing was closed. CONDITIONAL USE PERMIT CUP 02 -05 129 EAST BROAD STREET PIN #1516 -67 -5276 The public has been notified that oral and written comments will be heard and received concerning the request by Dal and Carol Snipes (owner) and Broad Street Deli and Market, Inc. (Tenant) to allow the sale of alcohol as an accessory use to a restaurant. This is at the request of the tenant. This property is zoned C -1 Central Commercial District and located on the corner of N. Wilson Avenue and E. Broad Street. The public hearing was duly advertised on August 23, 2005 and August 30, 2005 Mayor Snipes asked if there was anyone present to speak for or against this conditional use permit. Hearing none, the public hearing was closed. CODE AMENDMENTS TO ZONING ORDINANCE 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. Revisions under consideration are: a. Chapter 9, Flood Damage Prevention Ordinance b. Chapter 22, Article X- Administration and Enforcement (POSTPONED) The public hearing was duly advertised on August 23, 2005 and August 30, 2005. 68 Mayor Snipes asked if there was anyone present to speak for or against the code amendments. Hearing none, motion by Council Member Godwin, seconded by Council Member Joey Tart to close public hearings and reconvene the regular council meeting at 7:12 p.m. Motion unanimously approved. CONSENTITEMS Mayor Snipes asked if there were any consent items that Council wished to pull for further discussion. Hearing none, the following items were considered by Council: Minutes - Council considered approval of minutes of the August 4, 2005 Council meeting. Minutes - Council considered approval of minutes of the August 9, 2005 Special Call Meeting. Tax Releases/Refunds- Council considered approval of Tax Releases/Refunds #56 - #60. Tax Releases /Refunds are filed in the office of the Tax Collector. Department of Transportation (DOT) Municipal Agreement and Resolution- Council considered approval of A Municipal Agreement and Resolution for DOT to perform bridge inspections in the City of Dunn. A copy of this Agreement /Resolution (R2005 -14) for DOT to perform bridge inspections in the City of Dunn is incorporated into these minutes as Attachment #2. Motion by Council Member Joey Tart, seconded by Mayor Pro -Tern Olds to approve all consent items Motion unanimously approved. ITEMS FOR DECISION VOLUNTARY ANNEXATION WARREN PROPERTY PIN #1517 -94 -5277 At the August Council meeting, the City Council approved a Resolution Fixing Date of Public Hearing on question of voluntary contiguous annexation of .91 acres of property owned by William Irvin Warren and located at 1989 US 301 North. Pursuant to N.C.G.S. 160A -31, the notice of tonight's public hearing was advertised on August 18, 2005. Should Council wish to proceed with the annexation, an Ordinance to Extend the Corporate Limits of the City of Dunn is attached. Motion by Council Member Godwin, seconded by Council Member Billy Tart to adopt an ordinance to extend the corporate limits of the City of Dunn by the annexation of .91 acres of property identified by Harnett County as PIN #1517 -94 -5277 located at 1989 US 301 North and owned by William Irvin Warren Motion unanimously approved. A copy of this Ordinance (02005 -13) extending the corporate limits of the City ofDunn by annexation of PIN #1517 -94 -5277 is incorporated into these minutes as Attachment #3. CONDITIONAL USE PERMIT CUP 02 -05 129 EAST BROAD STREET PIN #1516 -67 -5276 Due to a conflict of interest, Mayor Snipes yielded to Mayor Pro -Tern Olds to preside over the meeting during discussion and vote of this issue. This is a request from Dal and Carol Snipes (owner) and Broad Street Deli and Market, Inc. (Tenant) to allow the sale of alcohol as an accessory use to a restaurant. This property is located at 129 East Broad Street. The Planning Board met on August 30, 2005 and recommended approval of this request. Motion by Council Member Galbreath, seconded by Council Member Godwin to approve the conditional use permit for Dal and Carol Snipes (owner) and Broad Street Deli and Market, Inc. (Tenant) to allow the sale of alcohol as an accessory use to a restaurant located at 129 E. Broad Street based upon findings referenced in Chapter 22, Section 22 -485 (b) of the City of Dunn Code of Ordinances. Motion unanimously approved. CODE AMENDMENT �`• Manager Uskiewicz asked that the Council table the proposed Code Amendment Chapter 9, Flood Prevention Ordinance. Additional information is forthcoming which will be helpful in adopting this ordinance. Motion by Council Member Joey Tart, seconded by Council Member Maness to table code amendment Chapter 9, Flood Prevention Ordinance. Motion unanimously approved. 69 CLOSING OF STREETS COTTON FESTIVAL The NC Cotton Festival Committee is requesting that the following streets be closed for the 7` Annual Cotton Festival to be held on November 4 -5, 2005. Friday, November 4 Harnett St. from the railroad crossing to Fayetteville Ave. (5 -11 p.m.) Edgerton St. from the railroad crossing to the City parking lot behind Sherry's Bakery (2 p.m. until after the festival on Nov. 5) Intersection of Edgerton St. and Wilson Ave. (5:30 p.m. until after the festival on Nov. 5) Saturday, November 5 Broad Street from Clinton Ave. to King Ave. Wilson Ave. from Cumberland St. to the driveway at Eastside Fire Dept. Edgerton St. from Fayetteville Ave. to the alley next to the city parking lot behind Sherry's Bakery Fayetteville Ave. from Cumberland St. to Edgerton St. Lucknow Ave. from Cumberland St. to Broad St. In addition, they ask permission to use the First Citizens Bank parking lot being leased to the City of Dunn and the City parking lot across from The Daily Record as well as assistance from city personnel (police, public works, parks and recreation) and that the street sweeper come through after the event on Saturday. Motion by Mayor Pro -Tem Olds, seconded by Council Member Galbreath, to approve the closing of the streets, provide city personnel assistance and the services of the street sweeper afterwards in downtown Dunn for the Cotton Festival to be held on November 4 -5, 2005. Motion unanimously approved. ORDER OF COLLECTIONS AUTHORIZATION TO TAX COLLECTOR Pursuant to G.S. 105 -352, attached is an Order of Collections which authorizes Tax Collector Shannon McIntyre to collect the taxes set forth in the 2005 tax records filed in the office of the Tax Collector. Motion by Council Member Maness, seconded by Mayor Pro -Tem Olds to approve an order of collections authorizing Tax Collector Shannon McIntyre to collect the taxes set forth in the 2005 tax records filed in the office of the Tax Collector. Motion unanimously approved. A copy of this Order of Collections is �, ✓ i incorporated into these minutes as Attachment #4. ACCEPTANCE OF DONATED PROPERTY Manager Uskiewicz stated that Ms. Diane Jones of New Jersey wishes to donate approximately one acre of property located at 900 Friendly Road to the City of Dunn. He asked that the Council accept the property contingent upon a clean survey and an appraisal. Attorney Pope advised the Council that he has performed a title examination on this property and there are no objections to title. All taxes are paid through 2004. If the Council is inclined to accept the donation, he concurs with the City Manager in having a survey completed first. Motion by Council Member Godwin, seconded by Council Member Joey Tart to accept the property located at 900 Friendly Road on behalf of the City of Dunn contingent upon a survey showing no encumbrances or other exceptions to title that would be revealed by the survey. Motion unanimously approved. REPLACEMENT OF HEATING /AC - MUNICIPAL BUILDING Manager Uskiewicz explained that the City's maintenance specialist received four (4) bids for the replacement of two (2) seven and one -half ton heating /ac units for the Municipal Building. Bids received are as follows: Company Bid Proposal J & M Heating & A/C, Inc. $13,954 724 Turlington Rd. Dunn, NC 28334 Reliable Heating & A/C $14,027 (wiring not included) 910 -C W. Broad St. Dunn, NC 28334 Holder Heating & A/C $19,050.00 105 E. Edgerton St, Dunn, NC 28334 Bass Air Conditioning $20,181.00 3261 Natal Rd. Fayetteville, NC 28306 70 It is recommended that the bid be awarded to J & M Heating & A/C. Motion by Mayor Pro -Tem Olds, seconded by Council Member Galbreath to award the bid to J & M Heating & A/C to replace two (2) seven and one -half ton heating /ac units in the Municipal Building. Motion unanimously approved. APPOINTEES TO NOMINATING COMMITTEE OF HARNETT HEALTH SYSTEM Mayor Snipes explained that the format of the nominating committee for the new Harnett County Health System had been discussed previously. He entertained a motion to make nominations to this committee. Motion by Council Member Maness, seconded by Mayor Pro -Tem Olds that the City Council appoint Lynn Godwin, Dallas `Bo" Dafford, John Shaw and Jesse Alphin as the City of Dunn representatives on the nominating committee for the Harnett Health System, which shall recommend individuals to the Harnett County Board of Commissioners for their consideration as appointees to the Board of Directors of Harnett Health System. This motion shall include that the City Council direct the City Attorney to serve as a staff member to this nominating committee and to assist the committee in carrying out their duties as specified in the Memorandum of Understanding previously entered into by Betsy Johnson Regional Hospital, Harnett County, the City of Dunn and WakeMed. Motion unanimously approved. RESOLUTION SUPPORTING HOUSE BILL 1121 Mayor Snipes entertained a motion and/or discussion of this resolution as it pertains to the Hospital Authority. Motion by Council Member Godwin, seconded by Council Member Joey Tart to approve the Resolution Supporting House Bill 1121 known as the Hospital Authority Bill. Motion unanimously approved. A copy of this Resolution (R2005 -15) Supporting House Bill 1121 is incorporated into these minutes as Attachment #5. ADMINISTRATIVE REPORTS Motion by Council Member Galbreath, seconded by Council Member Maness to approve the Administrative Reports. Motion unanimously approved. EXECUTIVE REPORTS Council Member Godwin pointed out to the City Manager that in times past, it has been discussed that a Conditional Use Permit not be required for alcohol sales in restaurants. He requested that the staff present to the council a proposed amendment to the ordinance that would do away with the necessity to come before the council each time for conditional use permits as it pertains to alcohol sales in restaurants. Council Member Godwin announced the upcoming production Irvin Berlin Review scheduled to begin next weekend at the Harnett Regional Theater. Council Member Galbreath announced that a ward meeting will be held for the citizens of Districts 2 and 3 on Thursday, September 22, 2005 from 6 -8 p.m. at the Alspaugh Center (former Shrine Building) located on E. Wake Street. Mayor Pro-Tern Olds, Council Member Galbreath, and City Manager Uskiewicz will be in attendance. City Department heads have been invited and are encouraged to attend. This will be an informative session for the citizens of these districts. Mayor Pro-Tern Olds reported that he recently attended the North Carolina Black Elected Municipal Official (NCBEMO) conference in Brevard. It was very informative and new ideas were gained. Council Member Maness announced that on September 11, 2005, the Dunn Ministerial Association along with Glad Tidings Church will host a special service entitled "Never Forget". He encouraged the council and citizens to attend this 5:00 p.m. service. Emergency personnel such as firefighters and police will be recognized. Manager Uskiewicz announced that Dunn Middle School has been placed on stand -by as a primary shelter for those associated with the patients and families who might be coming to North Carolina from the areas affected by Hurricane Katrina which hit the New Orleans area. Mr. Uskiewicz explained that there is an organization that the City's Building Inspector belongs that will possibly be traveling to the areas affected by Hurricane Katrina to assess damages. Mayor Snipes reminded the Council of the 2005 North Carolina League of Municipalities (NCLM) Annual Conference scheduled for October 16 -18, 2005 in Hickory and the National League of Cities Meeting in Charlotte on December 6 -10, 2005. He encouraged the Council to attend these meetings. Mayor Snipes announced the opening of the Dr. P.K. Vyas, M.D. Recreation Center. A grand opening and ribbon cutting date has been set for Friday, September 30, 2005 at 11:00 a.m. Mayor Snipes pointed out the magnitude of human tragedy as a result of Hurricane Katrina. Hospitals in the Triangle and Durham areas are receiving patients from the Louisiana area. He ended the Council meeting in a period of silent prayer for those affected by this horrific Hurricane. 71 With no further business to discuss, the meeting was adjourned at 7:32 p.m. Attest: D w, , '� we� Debra G. West City Clerk ``,,�u� nNrrrrr .�` r OF �ORPOR'j _ :' 20 SEA\, e `. ' °' 9T H CARO N"