08022001745
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
THE CITY COUNCIL OF THE CITY OF DUNN HELD A REGULAR MEETING ON TUESDAY,
AUGUST 2, 2001 AT 7:00 P.M. IN THE DUNN MUNICIPAL BUILDING. PRESENT WAS
MAYOR ABRAHAM OUDEH, MAYOR PRO -TEM MIKE WOMBLE, COUNCILMEMBERS
CAROLYN MCDOUGAL, TOBY SUMNER, GEORGE ROBINSON, JOEY TART AND PAUL
BASS. ALSO PRESENT WAS INTERIM CITY MANAGER RONNIE AUTRY, FIRE CHIEF
AUSTIN TEW, LIBRARIAN DEBORAH MELVIN, CITY ACCOUNTANT DEBBIE WILLIAMS,
CAPTAIN RONNIE RADCLIFFE, PUBLIC WORKS SUPERINTENDENT THOMAS JERNIGAN,"
PLANNER/CODE ENFORCEMENT OFFICER KELLY BOLLINGER, BUILDING INSPECTOR
SHANE HUDSON, CITY ENGINEER ED POWELL, CITY ATTORNEY BILLY GODWIN,
INTERIM HUMAN RESOURCE OFFICER MOSES GALLION, DEPUTY CLERK TINA SILLS
AND DAILY RECORD REPORTER LISA FARMER.
INVOCATION
MAYOR OUDEH OPENED THE MEETING AT 7:02 P.M. AND ASKED COUNCILMEMBER BASS
TO GIVE THE INVOCATION. AFTERWARD, THE PLEDGE OF ALLEGIANCE WAS REPEATED.
PRESENTATIONS
MAYOR OUDEI -I PRESENTED PLAQUES TO THE FOLLOWING CITIZENS FOR THEIR SERVICE
TO VARIOUS BOARDS OF THE CITY OF DUNN:
MS. PATRICIA ROSS COULD NOT BE PRESENT; HOWEVER, INTERIM CITY MANAGER AUTRY
ASKED THAT LIBRARIAN DEBORAH MELVIN PRESENT MS. ROSS A PLAQUE ON BEHALF OF
THE CITY COUNCIL IN HONOR OF HER SERVICE TO THE DUNN LIBRARY BOARD SINCE
JUNE 4, 1997. (ATTACHM ENT # 1)
MR. HAROLD "RED" LAMBETH COULD NOT BE PRESENT; HOWEVER, INTERIM CITY
MANAGER AUTRY ASKED THAT RECREATION DIRECTOR PERRY HUDSON PRESENT MR.
LAMBETH WITH A PLAQUE ON BEHALF OF THE CITY COUNCIL IN HONOR OF HIS SERVICE
AS A MEMBER OF THE DUNN RECREATION COMMISSION SINCE JUNE 30, 1995.
(ATTACHMENT #2)
MAYOR OUDEH PRESENTED A PLAQUE TO MR. CECIL "BO" JONES IN HONOR OF HIS
SERVICE AS A MEMBER OF THE DUNN RECREATION COMMISSION SINCE JUNE 30, 1995.
( ATTACHMENT #3)
MR. JONES STATED THAT HE WOULD LIKE TO THANK THE BOARD FOR THE SUPPORT
THEY HAVE GIVEN THE RECREATION DEPARTMENT. HE ADDED THAT THEY HAVE BEEN
GRACIOUS TO HINT AND TO RECREATION DIRECTOR PERRY HUDSON.
MR. TONY ALLEN, SR. COULD NOT BE PRESENT; HOWEVER, INTERIM CITY MANAGER
AUTRY ASKED THAT RECREATION DIRECTOR PERRY HUDSON PRESENT MR. ALLEN A
PLAQUE ON BEHALF OF THE CITY COUNCIL IN HONOR OF HIS SERVICE TO THE DUNN
RECREATION COMMISSION SINCE JUNE 30, 1995. (ATTACHMENT #4)
PUBLIC HEARING
CODE AMENDMENT - HEIGHT OF BUILDINGS
MAYOR OUDEH OPENED THE PUBLIC HEARING AT 7:05 P.M. AND YIELDED TO INTERIM
CITY MANAGER AUTRY WHO 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 CONCERNING A REQUEST BY BETSY JOHNSON
REGIONAL HOSPITAL TO AMEND SECTION 22 -203 (A) OF THE DUNN CITY CODE AS
FOLLOWS: MAXIMUM BUILDING HEIGHT: THIRTY -FIVE (35) FEET PROVIDED HOWEVER
THAT THE MAXIMUM HEIGHT FOR A MEDICAL ARTS COMPLEX SHALL NOT EXCEED ONE
HUNDRED (100) FEET.
HE ADDED THAT THE PUBLIC HEARING WAS DULY ADVERTISED ON JULY 19, AND JULY
26, 2001 AND ALL PERTINENT DATA IS ATTACHED UNDER ITEM VIA.
MAYOR OUDEH ASKED IF THERE WAS ANY COMMENT FROM THE PUBLIC.
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MR ROB FUTRELL STATED THAT HE WAS PRESENT ON BEHALF OF THE BETSY JOHNSON
REGIONAL HOSPITAL WHO HAS REQUESTED THIS CODE CHANGE. HE ADDED THAT THE
CURRENT FACILITY WAS CONSTRUCTED IN THE 1960'S AT A HEIGHT OF EIGHTY (80) FEET
PRIOR TO THE TIME THAT THE CITY CODE WAS ADOPTED. HE FURTHER STATED THAT
THE MAIN CONCERN AT THAT TIME WAS A FIRE DEPARTMENT CONCERN BECAUSE THE
FIRE DEPARTMENT DID NOT HAVE LADDER TRUCKS OR EQUIPMENT TO HANDLE
BUILDINGS OF THAT HEIGHT. SINCE THAT TIME THINGS HAVE IMPROVED AND ALL NEW
FACILITIES THAT ARE CONSTRUCTED ARE REQUIRED TO HAVE SPRINKLER SYSTEMS
INSTALLED.
HE STATED THAT THE PRIMARY REASON THAT THE HOSPITAL IS ASKING FOR THIS CODE
CHANGE IS THAT IN THE FUTURE WHEN THE HOSPITAL WANTS TO MAKE ADDITIONS TO
THE FACILITY, THEY CAN DO SO AT A HEIGHT THAT IS CONSISTENT WITH THE EXISTING
FACILITY WITHOUT HAVING TO COME BACK BEFORE THE PLANNING BOARD AND
COUNCIL FOR APPROVAL. HE ADDED THAT THIS CODE CHANGE WOULD BE LIMITED TO
MEDICAL ARTS COMPLEXES.
MAYOR OUDE14 ASKED IF ANYONE ELSE WOULD LIKE TO SPEAK FOR OR AGAINST THE
CODE CHANGE. HEARING NONE, HE CLOSED THE PUBLIC HEARING AND RECONVENED
THE REGULAR COUNCIL MEETING AT 7:10 P.M.
CONSENT ITEMS
INTERIM CITY MANAGER AUTRY ASKED IF THERE WERE ANY CONSENT ITEMS THAT
COUNCIL WISHED TO DELETE FOR FURTHER DISCUSSION:
HEARING NONE, THE FOLLOWING CONSENT ITEMS WERE CONSIDERED.BY COUNCIL:
MINUTES -JULY 5,2001 -COUNCIL CONSIDERED APPROVAL OF THE MINUTES OF THE JULY 5,
2001 COUNCIL MEETING.
MINUTES -JULY 17,2001 -COUNCIL CONSIDERED APPROVAL OF THE MINUTES OF THE JULY
17, 2001 SPECIAL CALL COUNCIL MEETING.
TAX RELEASES /REFUNDS - COUNCIL CONSIDERED APPROVAL OF TAX RELEASES /REFUNDS
# 147. (CLERK'S NOTE: THE TAX COLLECTOR MAINTAINS TAX RELEASES /REFUNDS)
MOTION BY COUNCILMEMBER WOMBLE, SECONDED BY COUNCILMEMBER SUMNER TO
APPROVE THE ABOVE CONSENT ITEMS. MOTION UNANIMOUSLY APPROVED.
CODE AMENDMENT - HEIGHT OF BUILDINGS
INTERIM CITY MANAGER AUTRY STATED THAT A REQUEST WAS RECEIVED FROM BETSY
JOHNSON REGIONAL HOSPITAL TO AMEND SECTION 22 -203 (A) OF THE DUNN CITY CODE
AS FOLLOWS: MAXIMUM BUILDING HEIGHT: THIRTY -FIVE (35) FEET PROVIDED HOWEVER
THAT THE MAXIMUM HEIGHT FOR A MEDICAL ARTS COMPLEX SHALL NOT EXCEED ONE
HUNDRED (100) FEET.
HE ADDED THAT THE PLANNING BOARD MET ON JULY 10, 2001 AND THE REQUEST
RECEIVED A FAVORABLE RECOMMENDATION.
MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER ROBINSON TO
APPROVE AMENDING SECTION 22 -203 (A) OF THE DUNN CITY CODE AS FOLLOWS:
MAXIMUM BUILDING HEIGHT: THIRTY -FIVE (35) FEET PROVIDED HOWEVER THAT THE
MAXIMUM HEIGHT FOR A MEDICAL ARTS COMPLEX SHALL NOT EXCEED ONE HUNDRED
(100) FEET. MOTION UNANIMOUSLY APPROVED.
BOARD APPOINTMENTS
INTERIM CITY MANAGER AUTRY STATED THAT SEVERAL VACANCIES HAVE OCCURRED
ON VARIOUS BOARDS EFFECTIVE JUNE 30, 2001.
COUNCILMEMBER ROBINSON ASKED IF THESE POSITIONS HAVE BEEN ADVERTISED
� INTERIM CITY MANAGER AUTRY RESPONDED NO.
MAYOR OUDEH STATED THAT IT SHOULD BE ADVERTISED FIRST THEN BROUGHT BACK
BEFORE COUNCIL FOR APPROVAL.
DEPUTY CLERK TINA SILLS STATED THAT HISTORICALLY THESE POSITIONS HAVE NOT
BEEN ADVERTISED. SHE ADDED THAT THE INDIVIDUAL BOARDS USUALLY MAKE THEIR
OWN RECOMMENDATIONS AND THEN THOSE NAMES ARE PRESENTED TO CITY COUNCIL
FOR APPROVAL.
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ABC BOARD
INTERIM CITY MANAGER AUTRY STATED THAT JAMES DANLEY HAS SERVED ONE TERM
OF OFFICE AND IT IS THE ABC BOARDS RECOMMENDATION THAT HE BE RE- APPOINTED
TO THE BOARD.
MOTION BY COUNCILMEMBER BASS, SECONDED BY COUNCILMEMBER ROBINSON TO RE-
APPOINT JAMES DANLEY TO THE ABC BOARD. MOTION UNANIMOUSLY APPROVED.
DUNN LIBRARY BOARD
INTERIM CITY MANAGER AUTRY STATED THAT THE LIBRARY BOARD RECOMMENDS T
PATRICIA ROSS AND MICHAEL WELLS BE RE- APPOINTED; HOWEVER, PATRICIA ROSS HAS
TURNED IN A RESIGNATION EFFECTIVE AUGUST I, 2001, SO COUNCIL WILL NEED TO
APPOINT SOMEONE TO FULFILL HER POSITION. HE ADDED THAT MICHAEL WELLS HAS
SERVED A PARTIAL TERM AND IS ELIGIBLE FOR RE- APPOINTMENT.
MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER SUMNER TO RE-
APPOINT MICHAEL WELLS TO SERVE ON THE DUNN LIBRARY BOARD. MOTION
UNANIMOUSLY APPROVED.
RECREATION BOARD
INTERIM CITY MANAGER AUTRY STATED THAT THE RECREATION BOARD HAS
RECOMMENDED WHIT BRADHAM, MELINGE FRAZEE, AND CARLIE C. "MACK" MCLAMB,
JR. TO REPLACE CECIL "BO" JONES, TONY ALLEN, SR. AND HAROLD "RED" LAMBETH.
MOTION BY MAYOR PRO -TCM WOMBLC, SECONDED BY COUNCILMEMBER SUMNER TO
APPOINT WHIT BRADIIAM, MELINGE FRAZEE, AND CARLIE C. "MACK" MCLAMB, JR. TO
THE RECREATION BOARD. MOTION UNANIMOUSLY APPROVED.
DUNN ]LOUSING AUTHORITY
INTERIM CITY MANAGER AUTRY STATED THAT CHARLES MCNEILL IS A TENANT W141CI -1
IS A YEAR BY YEAR APPOINTMENT. HIS TERM HAS EXPIRED AND FIE IS ELIGIBLE FOR
REAPPOINTMENT.
MOTION BY COUNCILMEMBER MCDOUGAL, SECONDED BY COUNCILMEMBER ROBINSON
TO RE- APPOINT CHARLES MCNEILL, WI-10 IS A TENANT, TO SERVE ON THE HOUSING
AUTHORITY BOARD FOR THE TERM ENDING JUNE 30, 2002. MOTION UNANIMOUSLY
APPROVED.
SATELLITE ANNEXATION- GODWIN PROPERTY -421 SOUTH
INTERIM CITY MANAGER AUTRY STATED THAT A PETITION REQUESTING SATELLITE
ANNEXATION 01 TWO (2) TRACTS OF LAND LOCATED ON US 421 SOUTH WITH GODWIN'S
CAFETERIA, GODWIN'S FARM AND FAMILY CENTER, AND GODWIN'S LITTLE BUSY BODIES
BUILT ON THESE TRACTS.
HE ADDED THAT SHOULD COUNCIL WISH TO PROCEED WITH THE ANNEXATION, A
RESOLUTION DIRECTING THE CLERK TO INVESTIGATE PETITION IS INCLUDED FOR
COUNCIL CONSIDERATION.
COUNCILMEMBER BASS ASKED IF THE WATER IS SUPPLIED BY THE COUNTY OR THE
CITY.
INTERIM CITY MANAGER AUTRY RESPONDED THAT CURRENTLY IT IS COUNTY WATER
BUT EVENTUALLY IT WILL BE CITY WATER.
COUNCILMEMBER BASS ASKED IF THE CITY WOULD HAVE TO PURCHASE THAT WATER
LINE FROM THE COUNTY.
INTERIM CITY MANAGER AUTRY RESPONDED NOT AT THIS TIME. FLE STATED THAT THE
CITY WILL HAVE TO ANNEX'THIS AREA EVENTUALLY BECAUSE THE PROPOSED
SHOPPING CENTER IS GOING THERE. HE ADDED THAT WHEN THE COUNTY LINES WERE
INSTALLED ALONG HWY 55 AND US 421, THE CITY PAID THE DIFFERENCE IN COST
BETWEEN A 8" WATER MAIN AND A 12" WATER MAIN FOR FUTURE DEVELOPMENT. HE
FURTHER STATED THAT COUNTY MANAGER, NEIL EMORY HAS STATED T14AT HE WOULD
LIKE FOR THE CITY TO COME BACK WITH A PROPOSAL OF HOW THE OWNERSHIP WILL BE
RESOLVED WHENEVER IT IS ANNEXED.
COUNCILMEMBER BASS ASKED WHAT WOULD THE COST BE TO THE CITY TO PURCHASE
TI IE LINE FROM THE COUNTY.
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INTERIM CITY MANAGER AUTRY RESPONDED THAT A CONTRACT WAS SIGNED A
NUMBER OF YEARS AGO WHEN THE COUNTY DEVELOPED THE AREA SURROUNDING
DUNN WITH SOME STIPULATIONS OR CONTRACT FORMULAS TO USE TO CALCULATE THE
COST TO PURCHASE THE LINE. HE ADDED THAT THE COST IS BASED ON RESIDENTIAL
PROPERTIES AND THAT SEVERAL MONTHS AGO MR. EMORY PROPOSED SOME OPTIONS
AND THE CITY CHOSE NOT TO AGREE SO MR. EMORY ASKED THAT THE CITY COME UP
WITH THEIR OWN OPTIONS AND THEN THE COUNTY WOULD REVIEW THEM.
CITY ATTORNEY GODWIN STATED THAT HE WOULD LIKE TO POINT OUT TO COUNCIL
THAT THERE IS AN AGREEMENT WITH MR. GODWIN WHERE HE IS REQUIRED TO SUBMIT A
PETITION FOR ANNEXATION AND HE IS JUST COMPLYING WITH THE AGREEMENT.
COUNCILMEMBER BASS STATED THAT HE DID NOT HAVE ANY PROBLEMS WITH THE
ANNEXATION BECAUSE IT IS COMING ANYWAY BUT HE DOES NOT WANT THE CITY TO BE
BURNED ON BUYING THE LINE FROM THE COUNTY.
CITY ATTORNEY GODWIN STATED THAT THE WATER LINE IS NOT PART OF THE
AGREEMENT.
COUNCILMEMBER MCDOUGAL STATED THAT COUNCIL NEEDS TO KNOW WHAT THE COST
TO BUY THE LINE FROM THE COUNTY WILL BE.
INTERIM CITY MANAGER AUTRY STATED THAT HE WOULD BE COMING BACK IN THE
NEXT SEVERAL MONTHS WITH ALL THE INFORMATION PERTAINING TO THAT COMPLETE
AREA ON HIGHWAY 55 AND US 421.
COUNCILMEMBER SUMNER ASKED WHAT ARE THE PLANS FOR THE ANNEXATION WITH
THE REST OF THE TRACT DOWN US 421 TOWARDS SOUTH RIVER ELECTRIC AND
GODWIN'S MANUFACTURING.
INTERIM CITY MANAGER AUTRY RESPONDED THAT IT 1S IN THE FINAL STAGES. HE
ADDED THAT THE INFORMATION HAS BEEN SUBMITTED TO HOLLAND CONSULTING
PLANNERS, INC. IN REGARDS TO THE WATER AND SEWER COSTS OF THE THREE AREAS
THAT WERE SET UP BY THE COUNCIL FOR STUDY AND THEY ARE WAITING ON THE LAST
TRACT METES AND BOUNDS TO BE COMPLETED BY JORDAN -TEW SURVEYORS WHICH
SHOULD BE READY BY NEXT MONTH.
MOTION BY COUNCILMEMBER SUMNER, SECONDED BY COUNCILMEMBER ROBINSON TO
i ADOPT A RESOLUTION DIRECTING THE CLERK TO INVESTIGATE PETITION FOR THE
SATELLITE ANNEXATION OF TWO TRACTS OF LAND LOCATED ON US 421 SOUTH WITH
GODWIN CAFETERIA, GODWIN'S FARM AND FAMILY CENTER AND GODWIN'S LITTLE
BUSY BODIES DAYCARE. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #5)
SATELLITE ANNEXATION -LEE PROPERTY -THE PANTRY
INTERIM CITY MANAGER AUTRY STATED THAT A PETITION REQUESTING ANNEXATION
OF TWO (2) TRACTS OF LAND LOCATED ON LONG BRANCH ROAD HAS BEEN SUBMITTED.
PARCEL #1 CONSISTS OF 3.53 ACRES AND PARCEL #2 CONSISTS OF 6.6 ACRES (CURRENTLY
THE LOCATION OF THE PANTRY), WITH A TOTAL TAX VALUE OF APPROXIMATELY $2.5
MILLION.
HE ADDED THAT IF COUNCIL WISHES TO PROCEED WITH THE ANNEXATION, A
RESOLUTION DIRECTING THE CLERK TO INVESTIGATE PETITION IS ATTACHED FOR
COUNCIL CONSIDERATION.
HE ADDED THAT ATTORNEY DENNIS WICKER IS PRESENT TO ANSWER ANY QUESTIONS
COUNCIL MAY HAVE CONCERNING THE ANNEXATION OF THIS PROPERTY.
MR. DENNIS WICKER STATED THAT HE WAS WITH THE LAW FIRM OF SMITH, HELMS,
MULLIS AND MOORE AND HE IS REPRESENTING THE PANTRY. HE ADDED THAT THE
PANTRY HAS HAD A GROUND LEASE WITH MR. LEE, THE PROPERTY OWNER, FOR OVER
FORTY YEARS TO PUT A MAJOR COMBO (HARDEE'S AND PANTRY CONVENIENCE STORE)
THERE. HE FURTHER STATED THAT IT WILL BE A VERY LARGE STORE AND SHOWED
COUNCIL AN ELEVATION SITE PLAN OF THE BUILDING.
HE STATED THAT THIS WILL BE A STATE OF THE ART FACILITY ENCOMPASSING
MULTIPLE GAS PUMPS, INCLUDING DIESEL AND A FULL SERVICE AREA, AND THE CITY
PROUD TO HAVE IT. HE ADDED THAT HE THINKS IT WILL SPUR ECONOMIC GROWTH IN
THAT AREA AND IN ADDITION WILL BE AN INVESTMENT OF OVER $2.5 MILLION DOLLARS
ENCOMPASSING A GREAT DEAL OF REVENUE NOT ONLY AS A TAX BASE BUT IN OTHER
AREAS AS WELL.
COUNCILMEMBER SUMNER ASKED IF THIS FACILITY WOULD BE IN OPERATION 24 -HOURS
A DAY.
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MR. WICKER RESPONDED YES
COUNCILMEMBER BASS ASKED INTERIM CITY MANAGER AUTRY IF THERE IS A PUMP
LOCATED IN THAT AREA PUMPING SEWAGE BACK INTO THE CITY AND WHO IS
RESPONSIBLE FOR THE SEWAGE PUMP.
INTERIM CITY MANAGER AUTRY RESPONDED YES AND STATED THAT IT WOULD REMAIN
THE PANTRY'S RESPONSIBILITY.
COUNCILMEMBER ROBINSON ASKED IF THE WATER WOULD BE SUPPLIED BY THE CITY
OR THE COUNTY.
INTERIM CITY MANAGER AUTRY RESPONDED THAT THE WATER IS ON THE COUNTY
SYSTEM AND THEY WILL REMAIN A CUSTOMER OF THE COUNTY.
MAYOR PRO -TEM WOMBLE ASKED IF THERE WOULD BE ANY OTHER FACILITY
REQUIREMENTS OF THE TOWN.
INTERIM CITY MANAGER AUTRY RESPONDED THAT THE ONLY THING WOULD BE POLICE
PROTECTION WHICH HAS BEEN DISCUSSED SEVERAL TIMES AND YIELDED TO DENNIS
WICKER TO EXPLAIN.
* *MR. WICKER STATED THAT THE PANTRY WAS INTERESTED IN ENTERTAINING WITH
COUNCIL A HOLD HARMLESS CLAUSE, WHEREBY THE POLICE DEPARTMENT WOULD NOT
BE REQUIRED TO PATROL THE AREA, BUT THEY COULD CALL THE POLICE DEPARTMENT
AS NEEDED.
CITY ATTORNEY GODWIN ASKED COULD THEY ALSO INCORPORATE A IDEMNITY
PROVISION BECAUSE THAT WOULD NOT STOP A CITIZEN FROM TRYING TO HOLD THE
TOWN RESPONSIBLE FOR NOT RESPONDING.
MR. WICKER RESPONDED THAT WAS A VERY GOOD POINT AND THEY WOULD BE GLAD
TO ADD THE IDEMNITY. HE ADDED THAT HE HAD THE AUTHORITY FROM HIS CLIENT
THAT THEY WOULD BE WILLING TO DO THAT. HE FURTHER STATED THAT HE WANTED
TO ADD THAT THE CITY MANAGER AND HIS STAFF HAVE BEEN VERY PROFESSIONAL
THROUGHOUT THIS WHOLE PROCEEDING AND HE THOUGHT IT SHOULD BE RECOGNIZED.
MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER ROBINSON TO
ADOPT THE RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION FOR THE
ANNEXATION OF TWO (2) TRACTS OF LAND LOCATED ON SPRING BRANCH ROAD
(CURRENTLY THE LOCATION OF THE PANTRY), WITH A TOTAL TAX VALUE OF
APPROXIMATELY $2.5 MILLION. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT
#6)
COUNCILMEMBER BASS ASKED IF THE AGREEMENT WOULD BE WROTE UP BEFORE
COUNCIL APPROVES THE ANNEXATION.
CITY ATTORNEY GODWIN STATED THAT HE WOULD MAKE CONTACT WITH MR. WICKER
TO INITIATE THE AGREEMENT.
MAYOR PRO -TEM WOMBLE STATED TIIAT HE WOULD LIKE TO SEE THE AGREEMENT
BEFORE THE ANNEXATION IS APPROVED.
HARNETT PRIMARY SCHOOL
INTERIM CITY MANAGER AUTRY STATED THAT COUNCIL HAS BEFORE THEM AN ITEM
TIIAT THE CITY ATTORNEY HAS COMPILED WITH THE PROPOSED GUIDELINES FOR
LEASING OF THE OLD HARNETT PRIMARY SCHOOL. HE ADDED THAT THE CITY
ATTORNEY WANTED TO MAKE A FEW COMMENTS REGARDING THIS POLICY AND IT
WOULD NEED TO BE ADDED TO THE AGENDA.
MOTION BY COUNCILMEMBER MCDOUGAL, SECONDED BY COUNCILMEMBER BASS TO
ADD THE PROPOSED POLICY GUIDELINES FOR LEASING OF THE OLD HARNETT PRIMARY
SCHOOL TO THE AGENDA FOR DISCUSSION. MOTION UNANIMOUSLY APPROVED.
CITY ATTORNEY GODWIN STATED THAT THIS POLICY IS A RESULT OF THE ONGOING
DISCUSSIONS THAT COUNCIL HAS ENGAGED IN FROM TIME TO TIME REGARDING THE
ROOMS AT THE OLD HARNETT PRIMARY SCHOOL. HE ADDED THAT THIS POLICY IS A
RESULT OF A CONVERSATION WITH INTERIM CITY MANAGER AUTRY, WHICH IN TURN
WAS A RESULT OF COUNCILMEMBER BASS, AND COUNCILMEMBER MCDOUGAL
BRAINSTORMING ABOUT SOME VARIOUS ASPECTS OF THIS POLICY OR ISSUES THAT NEED
TO BE DISCUSSED. HE FURTHER STATED THAT THIS IS A PROPOSAL AND IS FOR
CONSIDERATION ONLY AND HE READ THE FOLLOWING TWELVE ITEMS ALOUD TO
COUNCIL: (ATTACHMENT #7)
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I)
THE CITY SHALL NOT DISCRIMINATE AGAINST TENANT USERS BASED ON RACE,
GENDER, COLOR, CREED, RELIGION, NATIONAL ORIGIN, OR POLITICAL
AFFILIATION NOR SHALL IT LEASE TO THOSE WHO DO.
2)
THE LEASED PREMISES SHALL NOT BE USED FOR ANY UNLAWFUL OR OFFENSIVE
PURPOSES AND ALL USERS MUST ABIDE BY ALL LOCAL, STATE, AND FEDERAL
LAWS.
3)
THERE WILL BE NO DISTINCTION BETWEEN LEASING TO A PROFIT OR A NON-
PROFIT CORPORATION.
4)
THE LEASE COST WILL BE BASED ON A SQUARE FOOTAGE COST OF $0.15 PER FT.
PER MONTH.
5)
TENANT SHALL LEASE THE PREMISES "AS IS" PROVIDED HOWEVER THAT SHOULD
ANY REPAIRS AND MODIFICATIONS BE NECESSARY FOR THE TENANT TO TAKE
/
POSSESSION, THE TENANT WILL, AT HIS /HER SOLE EXPENSE, MAKE ANY AND ALL
SUCH REPAIRS AND MODIFICATIONS. ANY MATERIAL MODIFICATIONS MUST
FIRST HAVE THE PRIOR WRITTEN APPROVAL OF THE CITY MANAGER.
6)
ANY APPROVED MODIFICATION OF THE PREMISES BY THE TENANT RESULTING IN
SIGNIFICANT MATERIAL IMPROVEMENT TO THE PREMISES SHALL RESULT IN A
RENT (DOLLAR FOR DOLLAR VS. PERCENTAGE OF DOLLAR) CREDIT IN TENANT'S
FAVOR.
7)
IF FEASIBLE, THE LEASED PREMISES SHALL BE SERVED BY SEPARATE METERS
AND THE COSTS THEREOF, SHALL BE PAID DIRECTLY BY THE TENANT. HOWEVER,
IF SEPARATE METERS ARE NOT REASONABLE CAPABLE OF BEING INSTALLED,
TENANT'S UTILITY BILL FOR EACH UTILITY SHALL BE PRORATED BASED ON THE
AMOUNT OF SQUARE FEET LEASED HEREUNTO COMPARED WITH THE TOTAL
SQUARE FOOTAGE OF THE AREA SERVED BY THE UTILITY METER IN QUESTION.
8)
EACH ROOM LEASED AFTER THE EFFECTIVE DATE OF THIS POLICY SHALL BE
ASSIGNED A ROOM NUMBER BEGINNING WITH THE NUMBER ONE. TO THE EXTENT
THAT A TENANT LEASES MORE THAN ONE ROOM, THEY SHALL BE DEEMED TO
LEASE THE ROOMS COLLECTIVELY.
9)
NO LEASE HEREUNDER SHALL INCLUDE RIGHTS TO USE THE CAFETERIA FOR
COOKING OR FOR ANY OTHER PURPOSE. ANY TENANT DESIRING THE PERIODIC
USE OF THE CAFETERIA SHALL MAKE A REQUEST TO THE CITY MANAGER ON A
CASE BY CASE BASIS.
10)
UNLESS OTHERWISE APPROVED BY THE CITY MANAGER, NO LEASE SHALL BE
GREATER THAN ONE YEAR IN LENGTH PROVIDED HOWEVER THAT
CONSIDERATION FOR LONGER MORE EXTENDED LEASES SHALL BE GIVEN TO
TENANT'S WHO MAKE A SIGNIFICANT MATERIAL IMPROVEMENTS TO THE
PREMISES.
11)
EACH TENANT, WHETHER FOR - PROFIT OR NOT, SHALL UTILIZE THE LEASED
PREN41SES FOR PURPOSES THAT ARE DESIGNED TO ENHANCE THE OVERALL
QUALITY OF LIFE FOR THE CITIZENS OF DUNN AND THE SURROUNDING
COMMUNITY.
12)
ALL USES OF THE PREMISES MUST BE IN KEEPING WITH ACTIVITIES THAT ARE
WITHIN THE ACCEPTABLE NORM AND STANDARDS OF THE COMMUNITY.
CITY
ATTORNEY GODWIN STATED THAT THIS IS FOR COUNCIL REVIEW ONLY AND
ENCOURAGED THEM TO MAKE CHANGES, MODIFY, DELETE FROM OR ADD TO THIS
POLICY.
COUNCILMEMBER MCDOUGAL STATED THAT A SMALL BUSINESS OWNER THAT HAS 5,000
SQUARE FEET OF SPACE AT 15 CENTS A SQUARE FOOT WOULD BE PAYING $750.00 A
MONTH. SHE ADDED THAT A SMALL BUSINESS CAN NOT AFFORD THAT, AND SHE ASKED
INTERIM CITY MANAGER AUTRY BASED ON HIS FIGURES WHERE DID HE GET THE
COMPARISON FROM.
INTERIM CITY MANAGER AUTRY RESPONDED THAT THE 15 CENTS CAME FROM THE
DISCUSSION AT THEIR MEETING WHERE THEY ALL AGREED ON THE 15 CENTS CHARGE
PER SQUARE FOOT. HE ADDED THAT HE CONTACTED A COUPLE OF DIFFERENT PLACES
TO FIND OUT THEIR RATES FOR LEASING SPACE AND TRIANGLE SOUTH CHARGES $5.00
PER SQUARE FOOT PER YEAR. HE FURTHER STATED THAT HE ALSO CONTACTED
SOMEONE THAT HAS JUST RECENTLY BUILT A COMPLEX TO LEASE OUT FOR SMALL
BUSINESS RENTALS AND THE GOING RATE IS $6.00 - $10.00 PER SQUARE FOOT PER YEAR
BASED ON THE LOCATION, AND HE ADDED THAT NOBODY WOULD GIVE HIM ANYTHING
I LESS THAN $5.00 A SQUARE FOOT.
COUNCILMEMBER MCDOUGAL STATED THAT THOSE OFFICES WERE READY TO MOVE IN,
NO RENOVATIONS WOULD NEED TO BE DONE.
COUNCILMEMBER TART ASKED WHAT IS THE SQUARE FOOTAGE OF THESE ROOMS THAT
ARE AVAILABLE.
INTERIM CITY MANAGER AUTRY RESPONDED APPROXIMATELY 800 -1,000 SQUARE FEET
PER ROOM.
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COUNCILMEMBER TART STATED THAT IF SOMEONE RENTS A ROOM WITH _,000 SQUARE
FOOT OF SPACE, THE RENT WOULD BE $150.00 A MONTH AND HE THINKS THAT IT IS VERY
REASONABLE RENT. HE ADDED THAT HE UNDERSTANDS A TENANT WOULD HAVE TO DO
REPAIRS TO THE BUILDING BUT MOST PLACES WOULD REQUIRE A DEPOSIT PLUS THE
FIRST MONTH'S RENT BEFORE ALLOWING A TENANT TO MOVE IN.
COUNCILMEMBER MCDOUGAL STATED THAT SHE IS SMALL BUSINESS AND SHE STARTED
AT TRIANGLE SOUTH AND HER RENT AT THAT TIME WAS $75.00 A MONTH. SHE ADDED
THAT THE PROBLEM SHE HAS IS THAT IF COUNCIL IS GEARING TOWARDS SMALL
BUSINESS OWNERS THEN THEY NEED TO REDUCE THE RENT TO ACCOMMODATE THE
SMALL BUSINESS OWNERS.
SHE ASKED INTERIM CITY MANAGER AUTRY HOW MANY TENANTS ARE INTERESTED IN
RENTING THE ROOMS.
INTERIM CITY MANAGER AUTRY RESPONDED THAT ONE BRANCH FROM SOCIAL
SERVICES HAD CONTACTED HIM.
MAYOR OUDEI-I ASKED HOW MANY SQUARE FEET OF SPACE IS AVAILABLE.
INTERIM CITY MANAGER AUTRY RESPONDED APPROXIMATELY 4,800 -5,000 SQUARE FEET.
COUNCILMEMBER MCDOUGAL ASKED INTERIM CITY MANAGER AUTRY AGAIN, HOW
MANY INDIVIDUALS WERE INTERESTED IN RENTING THE SPACE.
INTERIM CITY MANAGER AUTRY RESPONDED CURRENTLY THERE ARE TWO.
CITY ATTORNEY GODWIN STATED THAT THIS IS NOT AN ORDINANCE, IT IS A POLICY AND
POLICIES CAN BE CHANGED BY A VOTE OF THE COUNCIL.
MAYOR PRO -TEM WOMBLE STATED THAT THERE ARE A COUPLE OF THINGS THAT HE
WOULD LIKE TO DISCUSS FURTHER WITH COUNCIL. HE ADDED THAT ONE THING IS THAT
HE DID NOT THINK THAT IT WOULD BE PROPER BUSINESS FOR THE CITY TO LEASE TO A
FOR - PROFIT ORGANIZATION BECAUSE IT PUTS THE CITY IN COMPETITION WITH THE
PEOPLE THAT ARE PAYING REVENUES TO THE CITY.
HE STATED THAT ASSUMING THIS POLICY IS ADOPTED, THERE ARE SOME POINTS THAT
HE WOULD LIKE COUNCIL TO CONSIDER AND ONE IS THAT THERE IS NO HOLD HARMLESS,
IDEMNITY FROM THE TENANT. HE ADDED THAT THERE SHOULD BE A PROVISION THAT
MAKES IT CLEAR BETWEEN THE CITY AND THE TENANT THAT NO COST SHALL BE
INCURRED UNDER ANY CIRCUMSTANCES BETWEEN THE CITY OF DUNN AND THE
TENANT.
* *HE ASKED WHAT HAPPENS IF SOMEONE SUES THE CITY OVER BUILDING CODE ISSUES
AND WHO WOULD BE RESPONSIBLE FOR BRINGING THAT BUILDING UP TO CURRENT
CODE. HE ADDED THAT THIS POLICY SHOULD REQUIRE THAT THE TENANT OBTAIN AN
INSURANCE POLICY NAMING THE CITY AS AN ADDITIONAL INSURER AGAINST CLAIMS
THAT THEY MAY DEVELOP FROM PEOPLE THAT VISIT THEIR FACILITY.
MAYOR OUDEH STATED THAT INSURANCE SHOULD BE ON ALL THE BUILDINGS THAT THE
CITY OWNS.
CITY ATTORNEY GODWIN STATED THAT HE THOUGHT IT WAS STATED IN THE LEASE BUT
IT COULD ALSO BE ADDED TO THE POLICY.
COUNCILMEMBER MCDOUGAL ASKED IF THE CAFETERIA IS USED SOLELY FOR HOPE
MINISTRIES.
INTERIM CITY MANAGER AUTRY RESPONDED THAT THE ACTUAL SEATING AREA CAN BE
RENTED BY ANY INDIVIDUAL, BUT THE COOKING AREA WAS SET UP SOLELY FOR HOPE
MINISTRIES, WHO CAN ONLY COOK THERE AND THEN REMOVE THE 'FOOD TO THEIR SITE
FOR CONSUMPTION.
COUNCILMFMBER MCDOUGAL STATED THAT IF SOMEONE RENTS A SPACE THEY SHOULD
BE ABLE TO USE THE CAFETERIA.
COUNCILMEMBER TART STATED THAT WHEN MOST BUSINESSES RENT SPACES TO
TENANTS, THE TENANTS DO NOT USUALLY HAVE ACCESS TO A CAFETERIA. ..
COUNCILMEMBER MCDOUGAL ASKED WHY DID HOPE MINISTRIES HAVE TO HAVE A
CAFETERIA.
COUNCILMEMBER TART RESPONDED THAT HOPE MINISTRIES HAS A DAYCARE AND THEY
HAVE TO HAVE THE FACILITIES TO COOK FOR THE DAYCARE.
752
COUNCILMEMBER MCDOUGAL ASKED IF THE CITY OF DUNN OR HOPE MINISTRIES WAS
PAYING THE UTILITIES AT THE CAFETERIA.
INTERIM CITY MANAGER AUTRY STATED THAT HOPE MINISTRIES IS PAYING SOME
ELECTRICAL UTILITIES AND THE CITY 1S PAYING ALL THE GAS.
COUNCILMEMBER ROBINSON STATED THAT NEEDED TO BE STOPPED BECAUSE IT WAS
NOT FAIR TO THE OTHER TENANTS. HE ADDED THAT THE CITY SHOULD NOT HAVE TO
BUY THE GAS FOR HOPE MINISTRIES.
INTERIM CITY MANAGER AUTRY STATED THAT HE HAS JUST RECENTLY OBTAINED A
QUOTE OF ABOUT $1000.00 TO SEPARATE THE METER SYSTEM, SO THAT HOPE MINISTRIES
WOULD BE SOLELY RESPONSIBLE FOR THE GAS COSTS OF THE CAFETERIA.
MAYOR OUDEH ASKED HOW MUCH DOES IT COST THE CITY EACH MONTH.
INTERIM CITY MANAGER AUTRY RESPONDED THAT HE DOES NOT HAVE THAT FIGURE
WITH HIM BUT WOULD HAVE IT AVAILABLE AT THE NEXT MEETING.
EXECUTIVE SESSION
INTERIM CITY MANAGER AUTRY STATED THAT THE NEXT ITEM ON THE AGENDA CALLS
FOR AN EXECUTIVE SESSION.
MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER ROBINSON
TO GO INTO CLOSED SESSION TO DISCUSS THE CANDIDATES FOR THE CITY
MANAGER POSITION AT 7:50 P.M. MOTION UNANIMOUSLY APPROVED.
CLOSED SESSION
NO ACTION WAS TAKEN DURING THE CLOSED SESSION. BY UNANIMOUS CONSENT,
THE CLOSED SESSION ADJOURNED AT 8:30 P.M.
MOTION BY COUNCILMEMBER ROBINSON, SECONDED BY COUNCILMEMBER SUMNER
TO ADOPT THE AUDIO TAPE OF THE CLOSED SESSION AS THE GENERAL ACCOUNT
AND MINUTES OF THE CLOSED SESSION. MOTION UNANIMOUSLY APPROVED.
i WITH NO FURTHER DISCUSSION, THE FOLLOWING BURIAL RIGHTS WERE EXECUTED:
I.
BLACKWELL FUNERAL HOME & THEIR HEIRS, LOT 13, BLOCK 13, SPACE(S) 1,
RESTHAVEN CEMETERY.
2.
MS. EVELYN CAMERON & HER HEIRS, LOT 49, BLOCK 11, SPACE(S) 3, RESTHAVEN
CEMETERY.
3.
MS. MARY GILLIS MCNEILL & HEIR HEIRS, LOT 48, BLOCK 15, SPACE(S) 1,
RESTHAVEN CEMETERY.
4.
MS. DORIS DAVIS & HER HEIRS, LOT 29, BLOCK 15, SPACE(S) 3, RESTHAVEN
CEMETERY.
5.
MS. IDA SMITH & HER HEIRS, LOT 49, BLOCK 13, SPACE(S) 2, RESTHAVEN
CEMETERY.
6.
PAYTON FUNERAL HOME & THEIR HEIRS, LOT 38, BLOCK 15, SPACE(S) 6,
RESTHAVEN CEMETERY.
7.
MICHAEL & FLORENCE LEE & THEIR HEIRS, LOT 24, BLOCK V, SPACE(S) 1 -8,
GREENWOOD CEMETERY.
8.
MR. GEORGE T. LEACH & HIS HEIRS, LOT 40, BLOCK 13, SPACE(S) 8, RESTHAVEN
CEMETERY.
9.
MS. PAULINE MCNEILL & HER HEIRS, LOT 65, BLOCK 15, SPACE(S) 6, RESTHAVEN
CEMETERY.
10.
MS. VERA GRAHAM AMERSON & MAE FRANCES PORTER & THEIR HEIRS, LOT 51,
BLOCK 6, SPACE(S) 1 -4, RESTHAVEN CEMETERY.
11.
MR.MORA TYNDALL & HIS HEIRS, LOT 24, BLOCK AA, SPACE(S) 3 -4,
DISCUSS, THE MEETING WAS ADJOURNED AT 8:35 P.M.
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TINA M. SILLS
DEPUTY CLERK