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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. 746 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. 747 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. 748 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. 749 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) 750 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. 751 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. 'L derCrr e r 8 r= �DEH a +r• °�Q'�' MAYOR ATTES' � adQ 1i97 9i ;_. TINA M. SILLS DEPUTY CLERK