09042003997
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Thursday, September 4, 2003, at
7:00 p.m. in the Dunn Municipal Building. Present was Mayor Abraham Oudeh, Mayor Pro -Tem
Michael Womble, Council Members Joey Tart, Toby Sumner, Donnie Olds and Paul Bass. Also
present was City Manager Michael Uskiewicz, Assistant City Manager/Public Works Director
Ronnie Autry, Human Resources /Safety Officer Moses Gallion, City Planner /Code Enforcement
Officer Julie Reid, Recreation Director Perry Hudson, Police Chief Timothy Benware, Fire Chief
Austin Tew, City Engineer Ed Powell, City Attorney P. Tilghman Pope, City Clerk Debra West, and
Daily Record Reporter Lisa Farmer.
Council Member George Robinson was absent, out of state.
INVOCATION
Mayor Oudeh opened the meeting at 7:00 p.m. and asked Joey Tart to give the invocation. Afterwards, the
pledge of allegiance was repeated.
Mayor Oudeh closed the regular meeting and opened public hearings at 7:02 p.m.
PUBLIC HEARINGS
CODE AMENDMENT
CHAPTER 8, ARTICLE H,
SECTION 8 -31 (FIRE PREVENTION CODE)
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 the request by the City of Dunn Fire Department to
amend the City of Dunn Code of Ordinances, Chapter 8, Article D, Section 8 -31 (Fire Prevention and
Protection Code).
The public hearing was duly advertised on August 21, 2003 and August 28, 2003 and all pertinent data is
attached under Item VI -1.
Mayor Oudeh asked if there was any comment.from the public.,
Fire Chief Austin Tew stepped forward to explain that this code amendment will not affect existing older
buildings but will only apply to new construction. He added that if a building was built in 1935, then the
Code of 1935 would apply to that building.
Mayor Oudeh asked if there was any more comment from the public. Hearing none, he closed the public
hearing in reference to same.
REZONING REQUEST
W. CUMBERLAND STREET
PIN #1516 -29 -7500 AND #1516 -29 -6544
The public has been notified that oral and written comments will be heard and received concerning the
request by Jerry D. Parker, Jr. to rezone two (2) parcels of land from C -O Office and Institutional to C -3
Highway Commercial. The parcels are located cn the north side of West Cumberland Street between
Watauga Avenue and Sunny Avenue.
The public hearing was duly advertised on August 21, 2003 and August 28, 2003 and all pertinent data is
attached under Item VI -2.
Mayor Oudeh asked if there was any comment from the public. Hearing none, he closed the public hearing
in reference to same.
REZONING REQUEST
HIGHWAY 421 EAST OF I -95
PIN #1526 -21 -0770
The public has been notified that oral and written comments will be heard and received concerning the
request by Granville, Johnson and Elaine Tilghman to rezone two (2) parcels of land, one from R -20
Residential to C -2 Shopping Center Commercial and the second parcel from R -20 Residential to RM
Residential Multiple Family. The parcels are located on the northeast side of Highway 421 east of I -95.
The public hearing was duly advertised on August 21, 2003 and August 28, 2003 and all pertinent data is
attached under Item VI -3.
Mayor Oudeh asked if there was any comment from the public.
Mr. Johnson Tilghman stepped forward and stated that the parcel of property they are requesting to be
rezoned to C -2 is located across from Bleecker Car Dealership and the parcel they are requesting to be
rezoned to RM is located across from the creek, and does not front Highway 421.
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Mayor Oudeh asked if there was any more comment from the public. Hearing none, he closed the public
hearing in reference to same.
REZONING REQUEST
1107 WEST CUMBERLAND
PIN #1516 -29 -8136
The public has been notified that oral and written comments will be heard and received concerning the
request by Larry Daughtry to rezone the property at 1107 W. Cumberland Street, which is located on th
south side of West Cumberland Street between Watauga and Wayne Avenues.
This property is zoned C -0 Office and Institutional and is requested to be rezoned to C -3 Highway
Commercial.
The public hearing was duly advertised on August 21, 2003 and August 28, 2003 and all pertinent data is
attached under Item VI -4.
Mayor Oudeh asked if there was any comment from the public. Hearing none, he closed the public hearing
in reference to same.
CODE AMENDMENT
SECTION 22, ARTICLE I
(DEFINITIONS -BLIND FENCE)
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, Article I, Section 22 -1 (Definitions -Blind Fence).
Revisions under consideration are to the definition of blind fence.
The public hearing was duly advertised on August 21, 2003 and August 28, 2003 and all pertinent data is
attached under Item VI -5.
City Manager Uskiewiez asked City Planner Julie Reid to step forward to explain this amendment.
Mrs. Reid stated that this particular part of the code has not been functioning very well and does not have a
lot of flexibility. She added that there is new development that would like to use different mechanisms to
provide screening. She further stated that with this blind fence screening, they are attempting to balance
the needs of the private citizen on a residential lot with an adjoining commercial property.
J Mayor Oudeh asked if there was any comment from the public. Hearing none, Mayor Oudeh closed the
public hearings and reconvened the regular Council meeting at 7:08 p.m.
CONSENT ITEMS
Mayor Oudeh asked if there were any consent items that Council wished to pull for further discussion.
The following consent items were considered by Council:
Minutes - Council considered approval of minutes of the August 7, 2003 meeting.
Tax Releases/Refunds- Council considered approval of Tax Releases/Refunds #1144118.
Motion by Council Member Bass, seconded by Council Member Sumner to approve all consent items.
Motion unanimously approved.
ITEMS FOR DECISION
CODE AMENDMENT
CHAPTER 8, ARTICLE 11, SECTION 8 -31
FIRE PREVENTION CODE
Attached Council will find a proposed code amendment to Chapter 8, Article II, Section 8 -31, Fire
Prevention Code.
The purpose of this amendment is to bring the City of Dunn Fire Prevention Code into compliance with the
present Fire Code that has been adopted by the State of North Carolina.
Motion by Council Member Olds, seconded by Council Member Tart to approve the code amendment to
the City of Dunn Code of Ordinances Chapter 8, Article U, Section 8 -31, Fire Prevention Code. Motion
unanimously approved. (Attachment #1)
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REZONING REQUEST
WEST CUMBERLAND STREET
PIN #1516 -29 -7500 AND #1516 -29 -6544
A request was received from Jerry D. Parker, Jr. to rezone two (2) parcels of property located on the north
side of West Cumberland Street between Watauga Avenue and Sunny Avenue. This property is zoned C -O
Office and Institutional and is requested to be rezoned to C -3 Highway Commercial.
The Planning Board met on August 12, 2003 and recommended approval of the rezoning request.
Motion by Council Member Tart, seconded by Council Member Bass, to rezone two (2) parcels of property
(PIN 41516 -29 -7500 and #1516 -29 -6544) located on the north side of West Cumberland Street between
Watauga Avenue and Sunny Avenue from C -O Office and Institutional to C -3 Highway Commercial.
Motion unanimously approved.
REZONING REQUEST
HIGHWAY 421 EAST OF I -95
PIN #1526 -21 -0770
A request was received from Granville, Johnson and Elaine Tilghman to rezone two (2) twenty-five acre
parcels of property located on the northeast side of Highway 421 east of I -95. One parcel of property is
zoned R -20 Residential and is requested to be rezoned to C -2 Shopping Center Commercial. The second
parcel is zoned R -20 Residential and is requested to be rezoned to RM Residential Multiple Family.
The Planning Board met on August 12, 2003 and recommended approval of the rezoning request.
Motion by Council Member Olds, seconded by Council Member Bass, to rezone two (2) twenty -five acre
parcels of property (PIN #1526 -21 -0770) located on the northeast side of Highway 421 east of I -95, one
parcel from R -20 Residential to C -2 Shopping Center Commercial and the second parcel from R -20
Residential to RM Residential Multiple Family. Motion unanimously approved.
REZONING REQUEST
1107 WEST CUMBERLAND STREET
PIN #1516 -29 -8136
A request was received from Larry Daughtry to rezone the property located at 1107 West Cumberland
Street, which is located on the south side of West Cumberland Street between Watauga and Wayne
Avenues. This property is zoned C -O Office and Institutional and is requested to be rezoned to C -3
Highway Commercial.
The Planning Board met on August 12, 2003 and recommended approval of the rezoning request.
Motion by Council Member Tart, seconded by Caincil Member Bass, to rezone 1107 West Cumberland
Street (PIN #1516 -29 -8136) from C -O Office and Institutional to C -3 Highway Commercial. Motion
unanimously approved.
CODE AMENDMENT
CHAPTER 22, ARTICLE I,
SECTION 22 -1
(DEFINITIONS -BLIND FENCE)
Council will find attached, a proposed code amendment to Chapter 22, Article I, Section 22 -1, Definitions -
Blind Fence.
The Planning Board met on August 12, 2003 and voted unanimously in favor of this code amendment.
Council Member Olds questioned if this amendment will allow flexibility in selection of trees in terms of
the height. He stated that it does not specify how tall the trees must be.
Mrs. Reid stepped forward and stated the purpose of the blind fence is to reduce noise, light and visual
impact of commercial or industrial development on adjoining residential development. She added that the
proposed minimum height requirement of newly planted materials will be increased to five (5) feet in
height instead of the three (3) feet presently in place. She further explained the different vegetation and
species of trees and determining their maturity.
Council Member Bass questioned Mrs. Reid about the proposed requirement to have a ten (10) foot wide'
depth between the buffer and the property line.
Mrs. Reid responded that in the past, the City only required one (1) row of one (1) foot tall shrubs, which
did not work well because most of them were planted on the property line. She added that by requiring a
ten (10) foot wide strip, it allows the developer to maintain vegetation without trespassing on the adjoining
property.
Council Member Bass expressed concern in requiring a business to come off the property line ten (10) feet
on all sides.
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Mrs. Reid explained that once the plant is fully mature, it will take up the entire ten (10) foot width. She
added that a developer doesn't have to plant shrubs. She further stated that a developer has the option to
erect a fence or wall, which can be placed three (3) feet from the property line.
More discussion was held concerning the requirements and placement of planted materials for buffers.
Motion by Mayor Pro -Tern Womble, seconded by Council Member Tart, to approve the code amendment
to the City of Dunn Code of Ordinances Chapter 22, Article I, Section 22 -1, (Definitions -Blind Fence).
Motion carried 3 -2. (Attachment #2)
Ayes Noes
Womble Olds
Tart Bass
Sumner
CODE ADDITION
CHARITABLE SOLICITATION
CHAPTER 11 (LICENSES AND BUSINESS
REGULATIONS), ARTICLE IX (CHARITABLE
SOLICITATION CONTROL REGULATIONS)
At the August 7, 2003 Council meeting, this agenda item was tabled until tonight's meeting to allow time
for City Manager Uskiewicz and City Attorney Pope to make changes to the proposed ordinance.
City Manager Uskiewicz deferred this item to City Attorney Pope for any questions or concerns.
City Attorney Pope stated that based on the feedback from the Council and the public from the last
meeting, he met with Manager Uskiewiecz to make revisions to the proposed ordinance. He added that the
main amendments made to the ordinance involved removal of the photo identification requirement,
however, the solicitors will still be required to wear a name tag prepared by the City. He further stated that
with Council approval, the permit fee has been reduced from $25.00 to $10.00.
Mr. Pope stated that there seems to be confusion with the potential effects of implementation of this
ordinance. He added that this ordinance would only regulate charitable solicitations in the public rights -of-
way. He further stated that it would have no affect on any organization that solicits monies on private
property, shopping centers, parking lots, or by going door to door.
Mr. Pope stated that concern was voiced about the local veterans organizations not being able to pin a
flower or ribbon. He added that this ordinance does not prohibit the veterans from pinning on flowers or
ribbons, but they just can't standout in the middle of the street or on the public sidewalk to do this. He
further stated that the primary purpose for this ordinance is for public safety, not only for the public, but for
those soliciting money.
Mr. Pope stated that most local organizations do not stand in the public rights -of -way as opposed to out -of-
town organizations. He explained the definition of charitable solicitation as an organization seeking money
donations or handing out literature. He further stated that if an organization is selling a product such as
doughnuts or fish plates, then this does not constitute a solicitation, therefore a permit is not required.
Mr. Pope explained that this ordinance is narrowly tailored to only include money donations or distributing
literature by a certain organization in the public rights -of -way. He added that organizations participating in
local events such as the Cotton Festival will not be required to have a permit unless they ask for donations.
Mr. Pope stated that there may be other items within this proposed ordinance that the Council would like to
modify or delete.
Motion by Council Member Olds, seconded by Council Member Tart to take this item of business off the
table for discussion tonight. Motion unanimously approved.
Council discussed the possibility of raising the permit fee to $20.00 and about imposing a monetary penalty
for organizations that solicit without a permit.
In referring to the enforcement issue, Police Chief Benware stated that if an organization did not have a
permit, they would be given a warning giving them twenty -four (24) hours to obtain a permit. He added
that if the organization was caught a second time, then they would be issued a $50.00 citation.
Attorney Pope pointed out that with this ordinance, an organization cannot get a permit in twenty -four (24)
hours but must apply thirty days in advance.
Motion by Council Member Tart, seconded by Mayor Pro -Tern Womble to add to Chapter 11 (Licenses
and Business Regulations) of the City of Dunn Code of Ordinances, an article IX entitled Charitable
Solicitation Control Regulations as presented by amending the permit fee to $20.00. Motion unanimously
approved. (Attachment #3)
BLOCKING OF STREET
NORTH PARK AVENUE
Manager Uskiewicz stated that the First Presbyterian Church, located at 901 N. Park Avenue, has requested
to block North Park Avenue from Granville Street to Cole Street on Sunday, September 21, 2003 from 3:00
p.m. until 7:00 p.m. to hold a Fall Festival.
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City Code 19 -41 states that a street or sidewalk cannot be blocked or obstructed without the permission of
the City.
Motion by Council Member Olds, seconded by Council Member Tart, to grant the request by First
Presbyterian Church to block North Park Avenue from Granville Street to Cole Street on Sunday,
September 21, 2003 from 3:00 p.m, until 7:00 p.m. Motion unanimously approved.
VOLUNTARY ANNEXATION
TILGHMAN AND POPE PROPERTY
A petition requesting a contiguous voluntary annexation of 41.72 acres of property located on Highway 421
east of I -95 has been received by owners Granville Tilghman, N. Johnson and Elaine Tilghman and Mary
T. Pope.
Should Council wish to proceed with the annexation, a resolution directing the Clerk to investigate petition
is included for Council consideration.
Motion by Council Member Bass, seconded by Council Member Olds to adopt a resolution directing the
Clerk to investigate petition for a contiguous annexation of 41.72 acres of property owned by Granville
Tilghman, N. Johnson and Elaine Tilghman and Mary T. Pope and located on Highway 421 east of I -95.
Motion unanimously approved. (Attachment #4)
RESOLUTION
HIGHWAY 421 WIDENING
Manager Uskiewicz stated that the Council is being asked to approve the attached resolution, which will
begin the process of engineering, designing and coustmcting the widening of Highway 421 from Highway
55 south for approximately 3000 feet. This is to assist in the development for the new businesses that are
locating within this district including Food Lion and Cracker Barrel.
Council Member Bass questioned the cost to the City. Manager Uskiewicz responded that the property
owners will pay the cost through special assessmen_ He added that the City will borrow the money up
front once the costs have been determined.
Motion by Council Member Sumner, seconded by Council Member Olds to approve the resolution whereby
the North Carolina Department of Transportation and the City of Dunn agree to certain improvements
within the City of Dunn consisting of construction of a three lane section and associated widening in
conjunction with the development of the east and west side of US 421 from NC 55 south for approximately
3000 feet. Motion unanimously approved. (Attachment #5)
BID APPROVAL
VEHICLES
Manager Uskiewicz asked that Chief Benware step forward to explain the vehicle bids received.
Manager Uskiewicz offered up a new state contract bid price received today for the (5) vehicles.
Chief Benware stated that the new state contract price of $17,272.09 received today is less than the original
low bids received from state contract and matched by Bleecker Autopark.
He added that Bleecker will attempt to match the new state contract bid price received today. He further
stated that this new contract bid is extremely low, approximately $2300.00 lower than previous years.
Chief Benware stated that the base price received for these vehicles is $16,651.69. With added options of
$620.40, the total price for each vehicle is $17,272.09. He added that the initial bid received from Bleecker
Autopark and based on state contract price was $19,635.00.
Council Member Bass questioned Chief Benware about the contract price for Dodge Intrepids. Chief
Benware responded that Dodge did not bid, which - esulted in lower prices for the Chevrolet.
Council Member Bass requested that a Chevrolet be purchased instead of the Dodge since the price is
approximately $3000.00 lower. Manager Uskiewicz agreed.
Motion by Council Member Bass, seconded by Council Member Tart to approve the purchase of five (5)
2004 Chevrolet Impalas at state contract base price of $16,651.69 each. Motion unanimously approved.
(Attachment #6)
ACCEPTANCE OF
RURAL CENTER GRANT
Manager Uskiewicz stated that the City of Dunn has been awarded a $400,000 for the upgrade of the
Eastside Force Main and the Juniper Creek Outfall. He added that the City of Dunn recently made the top
ten (10) list for inflow /infiltration sewer spillage and this is a major component to help fix this problem.
He further stated that this was budgeted and discussed in detail in the 2003 -2004 budget.
Motion by Council Member Sumner, seconded by Council Member Tart to accept the Rural Center Grant
award in the amount of $400,000 with a City match of $400,000 for the upgrade of the Eastside Force Main
and the Juniper Creek Outfall. Motion unanimously approved.
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E -911 ADDRESSING
PROJECT
Manager Uskiewicz stated that Council is being asked to approve the attached budget amendment #2 in the
amount of $7,000 to cover the costs (personnel and su? plies) to enter addresses into the GIS database for
the E -911 system. He added that these costs will come out of the E -911 funds.
Motion by Council Member Olds, seconded by Council Member Sumner to approve the attached budget
amendment #2 in the amount of $7,000.00
Mayor Oudeh asked if there were any questions
In reviewing the breakdown of cost, Council Member Bass asked what kind of equipment will be
purchased for $2000.
Police Chief Benware stepped forward and stated that the equipment will consist of one (1) or possibly two
(2) laptop computers as a backup system for the wireless E -911 system. He added that it will take
approximately four (4) months to accomplish this task
Motion by Council Member Olds, seconded by Counci Member Sumner to approve the attached budget
amendment #2 in the amount of $7,000.00 to cover the costs to enter addresses into the GIS database for
the E -911 system. Motion unanimously approved. (_Attachment 47)
Manager Uskiewicz asked the Council to amend the Agenda so they can discuss a grant application to the
Rural Center for continued inflow /infiltration problems.
Motion by Council Member Bass, seconded by Councii Member Olds to add to the Agenda "Rural Center
Supplemental Grant Application/Resolution ". Motion unanimously approved.
RURAL CENTER SUPPLEMENTAL
GRANT APPLICATION /RESOLUTION
Manager Uskiewicz stated that Council received a grant application to the Rural Center for a second
$400,000 grant to address other inflow /infiltration problems within the City that were identified in the
Capital Improvement Plan. He added that if they are successful in receiving this grant, it will not be
awarded or funded until FY 2004 -2005.
Council Member Bass asked Mr. Uskiewicz what areas of town will be targeted by this grant.
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Manager Uskiewicz asked City Engineer Ed Powell to step forward.
Mr. Powell stepped forward and explained that this seond grant application came in late because they were
just notified last week that the first grant application was awarded. He added they quickly put together the
application for a second grant to address the second phase of the Capital Improvement Project for
infiltration, which is scheduled to be constructed in 26)5 -2006.
Mr. Powell explained that the first grant will target the Eastside Force Main and Juniper Creek Outfall,
which includes the cave -ins on Pope Road. He stated drat only one (1) active application can be given to
the Rural Center at a time and since the City has been funded with the first grant, they can now submit an
application for a second grant. He added that the second grant will target the areas of McKay Street, Wake
Street at No Home Street, Northern Outfall line between Johnson Street and Carolina Drive, Morris Circle
and West Cole to Guy Avenue, and Guy Avenue near Jones Circle. He further stated that these areas were
identified during internal TV inspection, flow monitocng and smoke testing.
Mr. Powell stated that this is the second project identified in the Capital Improvement Plan, which was
adopted during the budget. He added that this will be another $800,000 project. He further stated they are
applying for the maximum Rural Center matching grant of $400,000. He stated that this is funded through
the rate increase partially implemented by the Council during the budget from the water and sewer
revenues.
More discussion was held about the difference iris ' torn water issues and.raw sewage problems. Mr. Powell
explained that these grants will address raw sewage nvorflow problems, which can subject the City to fines
and civil penalties imposed by the state and federal go-, vernment p `
Mr. Powell informed the Council that applications hay-_ been submitted to the Department of
Transportation for some funding to help with storm drainage issues.
Manager Uskiewicz explained that the City is under tl:-c eyeglass of the state because of the raw sewage
flowing into the Black River. He added that the City did receive a fine by the state and he has responded to
the state and asked that these fines be waived due to the steps the City is taking in resolving these problems.
Mr. Powell stated that Rural Center deadlines fall twice a year; April and September. He added that by
Council approving the application tonight, they can submit it by the end of September instead of waiting
until next spring.
Motion by Council Member Sumner, seconded by Corncil Member Tart to approve the Supplemental
Grant Application and resolution authorizing the Ma} jr to execute and file an application on behalf of the
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City of Dunn with the NCREDC (Rural Center) to assist in the construction of a sewer system
rehabilitation project. Motion unanimously approved. (Attachment #8)
INFORMATION
Mayor Oudeh asked if Council wished to discuss any reports and asked if Council had any comments
Council Member Bass thanked the staff for clean-ups in his district.
Council Member Olds thanked Manager Uskiewicz for his efforts in correcting a problem at the PAL
Center. He added that citizens have complained about a fence that has been down since a hurricane hit the
area a few years ago. He further stated that people are using it as a passageway from the PAL Center to
Townsend Street, writing graffiti on homes and using it for bathrooms. He asked Mr. Uskiewicz if a new
fence will be installed.
Mr. Uskiewicz responded that he and Public Works Director Ronnie Autry looked at this problem, which is
similar to the problem that was addressed at Tart Park. He added that he has received a price of $1803.76
to fix this situation. He further stated that this purchase can be funded by both the police department and
PAL budgets.
Motion by Council Member Olds, seconded by Council Member Bass to approve the expenditure of
$1,803.76 for the purchase of a fence at the PAL Center.
Mayor Pro -Tem Womble asked Mr. Olds if this item of business should have been added to the agenda
before a vote was cast. Attorney Pope stated that in order for Council to decide upon an item, it must first
be added to the agenda. Mayor Oudeh stated that this item of business needs to be added to the agenda.
Motion by Council Member Olds, seconded by Council Member Bass to add to the agenda, an item of
business concerning a fence purchase. Motion unanimously approved.
Motion by Council Member Olds, seconded by Council Member Bass to approve the expenditure of
$1,803.76 to purchase a fence from B & B Fence Company for the PAL Center. Motion unanimously
approved.
City Manager Uskiewicz announced that the next Council meeting will be held on October 2, 2003 at 7:00
p.m. He also announced that the 9 -11 Remembrance Service will be held on Thursday, September 11,
2003 from 12:00 noon until 1:00 p.m. at the Stewart Theater.
Manager Uskiewiez asked that all political candidates abide by Chapter 22, Section 22 -256 of the City of —�
Dunn Code that pertains to political signs. He added that this has come to his attention by way of phone
calls, complaints, concerns and traffic hazards that are being created. He asked that any political signs
placed in the City's rights -of -way or on City property, be moved by Monday, September 8, 2003, or the
City crews will have to pick them up.
Manager Uskiewicz informed the Council that the 2003 North Carolina League of Municipalities Annual
Convention is October 12 -14, 2003 in Winston Salem and asked the Council to let him know if they would
like to attend.
Harnett County Board of Elections representative Roy Tew advised that voters must register on or before
September 12, 2003 to be eligible to vote in the municipal elections on October 7, 2003.
With no further business to discuss, the meeting was adjourned at 8:10 p.m.
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Debra G. West
City Clerk