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121020031018 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Special Call Meeting on Wednesday, December 10, 2003, 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 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, Finance Director Renee' Daughtry, 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. INVOCATION Mayor Snipes opened the meeting at 7:00 p.m. and asked Billy R. Godwin, Jr. to give the invocation. Afterwards, the pledge of allegiance was repeated. Mayor Snipes closed the regular meeting and opened public hearings at 7:02 p.m. PUBLIC HEARINGS CODE AMENDMENTS CHAPTERS 2, 20, AND 22 The public has been notified that oral and written comments will be heard and received concerning the request by the City of Dunn Planning Department to amend the City of Dunn Code of Ordinances, Chapters 2, 20, & 22. Revisions under consideration are: a. Amending Subdivision Standards- Chapter 20- Section 20 -73 (q) b. Forming a Technical Review Committee - Chapter 2, Adding Section 2 -121, Section 2 -122 and Section 2 -123 c. Amending Zoning Ordinance - Chapter 22, re- adopting Section 22 -121, Section 22 -122 and Section 22 -123 RM Multiple Family Residential Distract d. Amending Zoning Ordinance- Chapter 22, revising Section 22 -121, Section 22 -122 and Section 22 -123RM Multiple Family Residential District e. Amending Zoning Ordinance- Chapter 22, revising Section 22 -461 Conditional Use Permits The public hearing was duly advertised on November 25, 2003 and December 2, 2003 and all pertinent data is attached under Item VI -1. Mayor Snipes asked if there was anyone present to speak for or against each code amendment as he stated them individually. Hearing none, he closed the public fearing in reference to same. CONDITIONAL USE PERMIT GLENEAGLES SUBDIVISION - MAGNOLIA PHASE The public has been notified that oral and written comments will be heard and received concerning a minor amendment to a conditional use permit for Gleneagles Subdivision - Magnolia Phase. This property is located on the west side of Powell Avenue between Asbe Avenue and Friendly Road. The public hearing was duly advertised on November 25, 2003 and December 2, 2003 and all pertinent data is attached under Item VI -2 Mayor Snipes asked if there was anyone present to speak for or against this conditional use permit. Attorney Dwight Snow spoke on behalf of the developer, Bobby Wellons of Wellons Realty, Inc., and the engineer, Joe Godwin of Enoch Engineers. He stated that they are in favor of this conditional use permit, which would enable this project to proceed, and will answer any questions council may have. Mayor Snipes asked if there was anyone else present to speak for or against this project. Hearing none, he closed the public hearing in reference to same. FINAL PLAT REVIEW & APPROVAL GLENEAGLES SUBDIVISION - MAGNOLIA PHASE The public has been notified that oral and written comments will be heard and received concerning the final plat review and approval for Gleneagles Subdivision-Magnolia Phase. The public hearing was duly advertised on November 25, 2003 and December 2, 2003 and all pertinent data is attached under Item VI -3. Mayor Snipes asked if there was anyone present to speak for against this final plat approval. Attorney Dwight Snow spoke on behalf of the developer, stating they would answer any questions from council. He added that they are in favor of approval of this plat. He further asked that if this final plat is 1019 approved with certain conditions, that those l eondidons'be delineated to them so they will know exactly what those conditions are and they can proceed with fulfilling them. Mayor Snipes asked if there was anyone else present to speak for or against this project. Hearing none, he closed the public hearings and reconvened the regular Council meeting at 7:06 p.m. CONSENT ITEMS Mayor Snipes asked if there were any consent items that Council wished to pull for further discussion Council Member Godwin pulled Tax Releases/Refunds #122 -124 from the consent agenda and placed under items for decision. He stated that it would be inappropriate for him to vote on these: particular releases /refunds because he was involved in the discovery of the improper tax prior to him taking the office as Council Member. The following consent items were considered by Council Bank Resolution - Council considered approval of a Bank Resolution authorizing J. Dal Snipes., Mayor, to execute evidence of debt, checks, drafts, and wire transfers for the City of Dunn. A copy o,( this Bank Resolution (82003 -25) is incorporated into these minutes as attachment #1. Tax Releases/Refunds- Council considered approval of Tax Releases/Refunds #120 -121 & #125-130. Tax Releases/Refunds are filed in the office of the Tax Collector. Motion by Council Member Joey Tart, seconded by Mayor Pro -Tern Olds to approve all consent items with exception of Tax Releases/Refunds #122 -124. Motion unanimously approved. ITEMS FOR DECISION CODE AMENDMENTS CHAPTERS 2, 20, & 22 Mayor Snipes stated that council will find attached proposed code amendments to Chapters 2, 20, and 22. He asked City Planner Julie Reid to give a brief overview of these amendments. Mrs. Reid explained the five (5) code amendments being considered at tonight's meeting as follows: • Chapter 20- Section 20 -73 (q) — Amending the subdivision standards to allow rolled curb (commonly used in subdivisions). • Chapter 2, Adding Section 2 -121, 2 -122 & 2 -123 — Forming a Technical Review Committee — A formal review process for the technical aspects of development — will consolidate; and have available for developers, a packet of information, resulting in a one -stop pick -up of all necessary forms, fees and applications — all members of the committee will review, make continents and produce a document called a memorandum of understanding — will expedite process. Chapter 22- re- adopting Section 22 -121, 22 -122, and 22 -123 RM Multiple Family Residential District — at one point a portion of this ordinance was removed inadvertently and this will put it back in place. • Chapter 22, revising Section 22 -121, 22 -122, and 22 -123 - will move uses from the district that is being re- adopted back over to the conditional use section. • Chapter 22, Section 22 -461 Conditional Use Permits - to clean up conditional uses — to separate permitted and accessory uses - to separate residential and non - residential uses. Mayor Snipes asked Mrs. Reid if all these code amendments, with exception to the provision allowing rolled curb, were basically wording changes within the code, making it easier to do business. Mrs. Reid responded yes, adding their goal is to reduce any kind of conflicts and to make the code more user - friendly for the Planning Board, Council and the public, and to make it easier to reference materials. City Attorney Pope advised the Council to adopt each code amendment separately. Motion by Mayor Pro -Tern Olds, seconded by Council Member Joey Tart to approve amending subdivision standards- Chapter 20- Section 20 -73 (c). Motion unanimously approved. Ordinance (02003- 12) filed in Ordinance Book Motion by Council Member Joey Tart, seconded by Mayor Pro -Tem Olds to approve forming a technical review committee- Chapter 2, adding Section 2 -121, 2 -122, and 2 -123. Motion unanimously approved. Ordinance (02003 -13) filed in Ordinance Book. Council Member Godwin commented that he is in favor of the formation of this committee but he did not want to add another layer of complexity to the plan review process that would ultimately slow down a development project. Council Member Joey Tart asked Mrs. Reid if this process would create a longer time -line in getting things done. Mrs. Reid responded no. 1 Motion by Mayor Pro-Tent Olds, seconded by Council Member Billy Tart to approve amending zoning ordinance- Chapter 22, re- adopting Section 22 -121, 22 -122 and 22 -123 RM Multiple Family Residential District. Motion unanimously approved. Ordinance (02003 -14) filed in Ordinance Book 1020 Motion by Council Member Godwin, seconded by Mayor Pro -Tern Olds to approve amending zoning ordinance- Chapter 22, revising Section 22 -121, 22 -122, and 22 -123 RM Multiple Family Residential District. Motion unanimously approved. Ordinance 1 02003 -15) filed in Ordinance Book Motion by Council Member Galbreath, seconded by 'Mayor Pro -Tem Olds to approve amending zoning ordinance- Chapter 22, revising Section 22-461 Conditional Use Permits. Motion unanimously approved. Ordinance (02003 -16) filed in Ordinance Book CONDITIONAL USE PERMIT GLENEAGLES SUBDIVISION MAGNOLIA PHASE A request was received from Robert Wellons for a minor amendment to a conditional use permit for Gleneagles Subdivision - Magnolia Phase. 1� Motion by Mayor Pro Tern Olds, seconded by Council Member Maness to accept the minor amendment to a conditional use permit for Gleneagles Subdivison - Magnolia Phase. Motion unanimously approved. FINAL PLAT REVIEW & APPROVAL GLENEAGLES SUBDIVISION MAGNOLIA -PHASE ONE Mayor Snipes stated that before discussion, he will entertain a motion. Motion by Council Member Godwin, seconded by Council Member Joey Tart to approve the final plat as presented. Mayor Snipes yielded to City Attorney Pope to share information brought to the council before the meeting. Mr. Pope brought to the attention of the council the recommended motion enclosed in their agenda book. He added that the recommended motion brought by the Planning Board states that the final plat be approved conditioned upon: g The Developer to provide base flood elevation data as required by the Flood Damage Prevention Ordinance. h As -built plans be submitted to the City for all previous construction. i All previous construction be approved and accepted. j The construction bond for previous phases be released for use with the new phase. k A construction bond be posted and maintained intact until construction of water, sewer, storm water and roads for this phase have been completed and approved by the City. 1 the execution of an agreement where the homeowner's association will be responsible for maintenance of the medians within the subdivision. Mr. Pope stated that it will be up to the Council to include any or all of these conditions. In referencing condition 1, he stated that the City has not historically been in the business of maintaining medians. He added that the developer has agreed as part of the approval of the final plat, to continue to maintain the medians. He presented the Council with a median maintenance agreement, giving a brief explanation that as part of the condition of final plat approval, the City Council would be authorizing the execution of this agreement. He stated that this agreement requires the developer to continue the maintenance of the medians within the streets that are being accepted, and those streets are identified in the agreement, including reference to the map book and pages recorded in the Register of Deeds. Mr. Pope stated that this agreement provides some liability protection for the City and provides provision that upon the complete development of the subdivision, that this responsibility will transfer from the developer to the homeowner's association. Mr. Pope recommended that the motion be amended to specifically include this condition and that the Council should also consider the other conditions that the Planning Board recommended on the conditional approval of this final plat. Council Member Godwin stated that his motion was as presented and would include these conditions. Attorney Pope stated that if the motion was made as presented, then it would include these conditions. In addressing Attorney Dwight Snow, Mr. Pope stated that the conditions are printed before the Council and a copy would be provided as part of the record as to the conditions on the final plat approval. Mr. Snow stated that they are not sure of these conditions and asked that these conditions be given to them, adding he was aware of the median maintenance agreement. Mayor Snipes responded that Mr. Snow is entitled to know these conditions. He added that the motion is to take the recommendation of the Planning Board to include Attorney Pope's median maintenance agreement along with the above listed conditions g thm 1 (Mayor Snipes read each condition) Attorney Snow stepped forward and stated that he did not mean to elude that he had not been made privy to the conditions of approval, adding that representatives were present at the Planning Board meeting. He further stated that he was not aware of all of the conditions and in reviewing them, he had one point he would like to make before the council. 1021 Mr. Snow stated that of the six (6) conditions listed, they are agreeable with all of them except item (g) which deals with the base flood elevation data. He added that the engineer thought they had complied with that situation and this may be a situation where there is a difference of opinion in the engineer and the City Planner. He further stated that if the Council approves the final plat with the particular condition, then it may be a condition that they may never be able to meet. Mr. Snow requested that for the record, they would like to be heard regarding this condition, so the council can hear both sides before making a decision. Mr. Snow requested that this condition (item g) be eliminated from a condition to be included with the council's vote. Mr. Snow asked Mayor Snipes if Engineer Joe Godwin could speak on this matter. Mayor Snipes consented. Mr. Joe Godwin, engineer, stepped forward and stated that Enoch Engineers has tried to negotiate with City Planner Mrs. Reid, stating there are some differences of opinion as to how they determine and establish an elevation for Gleneagles Subdivision in its entirety. He added that as engineers, they have certified on the plat that this subdivision in is zone X (beyond the 500 year flood). He further stated that the base flood elevation, as determined by Dunn, North Carolina, is a flood that will occur at 1% in one year, which is a 100 -year flood. Mr. Joe Godwin stated there is no new data that the City has approved, except for FEMA maps and Corp of Engineer maps that will affect this subdivision in the fact that it is located near the Black River Project, which was analyzed and established flood elevati at the time. He added that he will present to Mrs. Reid, a certification for base flood determination for Gleneagles Subdivision in its entirety. He further stated that this is to certify that the base flood elevation is at 1.74 feet above means sea level at or near the former Durham - Southern Railroad crossing near the southwest corner of this property. He stated that this elevation was determined by the Corp of Engineers, Black River Project. He added that an engineer interpretation of the flood data along the western property line equals an elevation of 1.76 through 1.78 feet above means sea level. He further stated that all finished floor elevations in Gleneagles are designed to be a minimum of four (4) feet above the base flood elevation, which they have determined by using data of record. Mr. Joe Godwin stated that the code requires they determine a base flood elevation. He added that if they, as engineers, have to go through a strenuous detenrination through hydrographs of the Black River stream, it could cost thousands of dollars. He further stated they are proposing to use data of past record. Mr. Joe Godwin stated that all finished floors in Gleneagles are above 1. 90, which is approximately sixteen (16) feet above any possible flood at that existing elevation. He added that it is not their intention to circumvent any requirements, but in this particular case, that is how they determine the base flood elevation. Mayor Snipes asked Council if they had any quesions for Mr. Joe Godwin. In summary, Mayor Snipes asked Mr. Joe Godwin, based on the data available to him as an engineer, is he in compliance? Mr. Godwin responded yes, we are. In addressing Mr. Joe Godwin, Council Member Godwin stated that data as required by the Flood Damage Prevention Ordinance came before the Planning Board. He asked Mr. Joe Godwin if the data that he based his calculations on, was in compliance with the flood damage prevention ordinance. Mr. Joe Godwin responded that it is a mute point, and it should have never been brought up. He added that all finished floor elevations in this area are above any expected flooding. He further stated that Wal Mart would have to be completely submerged, for this subdivision to flood, based on the elevations given to him. He stated that the certification he is presenting to council is a property establishment of the flood elevation. He added that he was concerned that he and the City Planner may not come to some conclusion to this, and he does not want to delay Mr. Wellon's project. Council Member Godwin stated that the engineering seal has been put on this plat. Mr. Joe Godwin stated that he has certified this project twice. Mayor Snipes asked if Mr. Joe Godwin or Mr. Snow had any further comments. Mr. Snow stated they are not here to fight with the City Planner, adding that she has been courteous to them. He added that they are not discounting Mrs Reid's abilities. Mayor Snipes asked if City Planner Reid had any comments. Mrs. Reid stepped forward and stated that Mr. Sncw, Mr. Godwin, and Mr. Wellons have also been very cooperative on this project. She passed around to the Council a copy of City Code 9 -22 (d). She stated that up to the road just south of this development, they do have base flood elevations and to the north, they do not have base flood elevations. She quoted City Code Section 9 -22 (d) Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of fifty (50) lots or five (5) acres, adding that this subdivision is both. Mrs. Reid stated that she had both the FEMA map as well as the county map, which shows that a portion of this development is within a designated flood hazard area and based on that, base flood data was requested. Mrs. Reid asked for a copy of the hand -out Mr. Joe Godwin provided the council. She further stated that several items have come in today, relating to this issue, including the as -built plans submitted this morning to the Public Works Department. 1022 Mrs. Reid stated that this is not an agreement or disagreement issue, adding this should have been done early in the project. She added that the basis for needing this information early in the project, is that in the City of Dunn's subdivision regulations, building permits are allowed to be pulled after the preliminary plat approval. She further stated that typically, a building permit cannot be pulled until after the final plat approval. She stated that because of this regulation, at the time of the preliminary plat approval, the staff should have reviewed this information, adding that it was an oversight on the part of the city staff. She added that when they discovered this had not been done, they requested the information and now it appears Mr. Godwin has provided that information. She added that the City's basis for this information is that it is in the flood damage prevention ordinance and this paricular section of the City's flood damage ordinance is a requirement of FEMA. She further stated that FEMA has certain minimum things, which must be in a local ordinance. Mrs. Reid stated that there was another provision in the flood damage prevention ordinance that allows the city to use the best available data. She added that the City has made several efforts to obtain more V information, adding that she spoke with Dewberry -Daxis out of Washington, DC. She further stated that the information they had was not accurate enough to be used for this purpose. She stated that she also contacted the North Carolina mapping initiative to obtain data, but they were only 60 -70% through with the Cape Fear study and will not release any information at this time. She added that every effort has been made to obtain this flood data for the developer and engineer, adding that the FEMA requirements have been met by the City. Mrs. Reid stated that by Mr. Joe Godwin has, in good faith, offered a solution to this by providing the base flood elevation. Council Member Joey Tart asked Mrs Reid if it is her recommendation to approve this final plat with the condition of item (g). Mrs. Reid stated that tentatively yes, but she would like to review it. Mayor Snipes asked Mrs. Reid that if Mr. Joe Godwin warranted what he just gave her, would she be comfortable with it. She responded yes. Council Member Godwin noted that it seems Mr. Joe Godwin would not put his seal on any blue lines that might potentially be in a flood plain and Mr. Wellons relied upon that to build a million dollar project. He stated that in his opinion, Mr. Godwin has probably utilized the most accurate information reasonably available to him, short of him conducting a survey of the Black River. He further stated that if necessary, he would amend his motion to delete condition (g) (The Developer to provide base flood elevation data as required by the Flood Damage Prevention Ordinance). Mayor Snipes asked if it wouldn't be better to amend to accept the information that has been furnished instead of deleting condition (g) entirely. He asked Mrs. Reid if she would be more comfortable with this. She responded yes, since she has not had time to review it. She added that when an engineer certifies something on a plat as not being in a flood plain, then under normal circumstances, that is fine, but when they know it is in the flood hazard area, then the City's flood damage ordinance requires that the base flood data be provided. She further stated it is not a matter of not trusting Mr. Joe Godwin, but it is a matter that he is required by the FEMA program to establish that information. Council Member Joey Tart suggested that the council make a decision after Mrs. Reid has time to look over this information. Mrs. Reid stated that Mr. Wellons has been issued two conditional permits for this phase, which would allow him to proceed, at his own risk, on two of these lots. She added that she prefers the council grant a conditional approval at this point, so that it is just a mater of administrative paperwork to finish rather than to hold Mr. Wellons up for another thirty days. Council Member Godwin stated that he would be combrtable with this, provided that Mr. Wellons does not rely on that, and then based upon the good judgment of the planner, finds that the data provided does not comply. Mrs. Reid stated that if she thought it did not comply, then she would probably submit it to either the state flood office or to the district office in Atlanta and ask them to make a determination whether or not the information provided is adequate. Mayor Pro -Tern Olds suggested that the motion be withdrawn and offer another motion, adding the maker of the motion can withdraw his motion. He added the-, could present a motion that would be acceptable to the council as well as the developer. Council Member Godwin stated that the motion was made to approve the final plat as presented, which would require submission of the data, which Mr. Godwin has done, therefore meeting that particular condition of the permit. He added that the only question left now is if this data will be sufficient in Mrs. Reid's opinion. He further stated they could delete this requirement all together or make another motion as suggested by Mayor Pro -Tern Olds. Council Member Godwin asked Mr. Joe Godwin, Mr. Bobby Wellons and Mr. Dwight Snow that if this final plat was approved as presented, could they work with this. Mr. Joe Godwin responded that his only concern is that they must come to the realization to use what is current; they can't wait until the future to know, and they must solidify something. He added that as engineers, they have used the data provided for the old and new Wal Mart project, banks, and the new Lowe's project. He further stated that the map he uses was provided by the City and waiting for the state and Atlanta is going to be a time consuming process. 1023 Mayor Pro -Tem Olds added an amendment to Council Member Godwin's motion to delete item (g), seconded by Council Member Joey Tart. Motion unanimously approved. (a copy of the median maintenance agreement is on file in the clerk's of=) Council Member Maness asked if they are accepting, as fact, the information about the base flood plain footage they were given by Mr. Godwin and are they also saying this is meeting the criteria of item (g) as required by the Dunn City Code. Council Member Godwin responded they are not making that determination at all. He added that they are deleting item (g) from the motion currently on the table, in that this particular requirement is being deleted all together, so they are not addressing it. Council Member Maness questioned if it will be in compliance with the code. City Manager Uskiewicz responded that upon review of the data given to them, they can ascertain that it probably is. He added that with the fact that City Planner Reid just received it, she is not able to give her professional opinion on that matter. He further stated that it is unfortunate that this information was just given to the planner tonight and not earlier. City Attorney Pope stated that Council Member Godwin is correct in that the Council is not passing judgment on whether or not the data set forth tonip�it by Mr. Joe Godwin is in compliance with the City's ordinance or waiving the requirement in the City's ordinance. He added that information will still be submitted to Mrs. Reid for compliance with the ordnance. He further stated that the only thing the council is doing in this motion is eliminating (g) as a cond.tion for the final plat approval. Mayor Snipes stated there was a motion and a second on the amendment. He called for a vote on the amendment. Motion unanimously approved. Mayor Snipes called for a vote on the original motion as amended. Motion unanimously approved. STREET CLOSING COOKE STREET FROM RAILROAD RIGHT OF WAY TO SOUTH CLINTON AVENUE Mayor Snipes yielded to City Manager Uskiewicz to explain this request. Mr. Uskiewicz stated that before the council tonight, is a resolution of intent to conceder permanently closing this public street and setting a date for a public hearing of January 8, 2004. Mr. Uskiewicz stated that both property owners (Lester Phillips and Sam Altman) are requesting this street to be closed. T City Planner Julie Reid stated that approval of this street abandonment request needs to be made with the following stipulations: 1. that Mr. Phillips record a recombination of his parcels of land. 2. that Mr. Altman record a recombination of his parcels of land. 3. that all public water and sewer lines withu Cooke Street be abandoned and a new meter be installed at South Clinton Avenue. Motion by Mayor Pro -Tem Olds, seconded by Council Member Galbreath to adopt the Resolution of Intent calling for a Public Hearing on January 4, 2004 at 7:00 p.m. to consider permanently closing Cooke Street from the Railroad right -of -way to South Clinton Avenue. Motion unanimously approved. A copy of this Resolution oflntent (82003 -26) to close Cooke Stn -et from the Railroad right -of -way to South Clinton Avenue is incorporated into these minutes as Attachment #2 PRELIMINARY ASSESSMENT RESOLUTION HIGHWAY 421 WIDENING Mayor Snipes explained that this is the next step it moving this project forward and yielded to City Manager Uskiewicz for comments. Mr. Uskiewicz stated that Attorney Cecil Jones' (representing the City of Dunn) father, Robert Jones was present tonight to answer any questions about this project. Attorney Robert Jones stepped forward and stated 31at on behalf of his son, Cecil, he will answer any questions tonight concerning this preliminary assessment resolution. He asked that this resolution be adopted, which calls for a public hearing on January 8, 2004 at 7:00 p.m. Manager Uskiewicz explained that Highway 421 is the primary economic development piece. He added that the bank bid will be received shortly and plans are to combine the Recreation Center and Highway 421 as one project, based on LGC (Local Government Commission) requirements. LGC requires an asset. Motion by Council Member Joey Tart, seconded by Mayor Pro -Tem Olds, to adopt the Preliminary Assessment Resolution for widening said Highway 421 beginning at its intersection with Highway 55 and extending eastwardly approximately 2800 feet and calling for a public hearing on this resolution on January 8, 2004 at 7:00 p.m. in the Dunn Municipal Buildng. Motion carried 5 -0. A copy of this Preliminary Assessment Resolution (82003 -27) for the Highwa✓ 421 Widening is incorporated into these minutes as Attachment #3 (Council Member Billy Tart abstained due to a personal conflict of interest) (Clerk's Note: NCGS 160A -75 states that no member shall be excused from voting except upon matters involving the consideration of the member's own financial interest or official conduct) 1024 RECREATION CENTER NAMING RIGHTS Mayor Snipes yielded to City Attorney Pope to explain the Recreation Center naming rights documentation. Mr. Pope stated that before Council tonight is a Resolution Authorizing the Sale of The Naming Rights To Proposed Civic Center and Facilities Located Therein. Also attached to this resolution are two (2) documents: • EXHIBIT A — A General Pledge Form To The City of Dunn For Construction of a New Dunn Civic Center • EXHIBIT B —An Agreement For Sale of Naming Rights Mr. Pope explained that the resolution recites that a citizens committee has been working to obtain pledges to raise money to offset the expense for the cost of comp uction for this new facility. He stated that the council is considering authorizing the sale of naming rights to certain rooms proposed to be located within the new Center as well as the naming rights of the entice Center. He added that the denominations at which they will be sold are identified in the resolution as: $25,000 — certain rooms $50,000 - gymnasium $100,000 — entire prmosed center Mr. Pope stated that if this resolution is approved, the council will be approving the use of EXHIBIT A as a general pledge form and authorizing the sale of the naming rights to the facility and the rooms identified in the resolution for the denominations speofied in the resolution and also approving the use of EXHIBIT B as the agreement to be entered into between the City of Dunn and any business or citizen pledging that amount of money. Mr. Pope explained that if this resolution is approved, the council will not be approving the execution by the Mayor of the Agreement For Sale of Naming Rights at this time. He stated that in the event that a business would pledge one of the specified amounts of money to name a room, then they must state in this agreement the name they intend to put on it. He added that at that time, the agreement would return to the City Council for consideration, and upon approval, the Mayor would be authorized to enter into the agreement. In summary, if the Council adopts this resolution, they will be agreeing: • On the denominations • That this is the agreement/contract to be used • That the Council is not obligating the City, at this time, until that name (on the agreement for sale of naming rights) has come back for council consideration Mayor Snipes stated that this is a nice mechanism to loop this process going forward. Motion by Council Member Joey Tart, seconded by Council Member Godwin to accept the Resolution Authorizing the Sale of the Naming Rights to Proposed Civic Center and Facilities Located Therein. Motion unanimously approved. A copy ofthis Resolution (82003 -28) Authorizing the Sale ofthe Naming Rights to Proposed Civic Center and Facilities Located Therein is incorporated into these minutes as Attachment #4. REIMBURSEMENT RESOLUTION RECREATION CENTER Manager Uskiewicz explained that this resolution will pay the City back for certain expenses already incurred with regard to the proposed recreation facility project. Motion by Mayor Pro -Tern Olds, seconded by Council Member Billy Tart to approve a Reimbursement Resolution for the Dunn Recreational Facility project. Motion unanimously approved. A copy of this Reimbursement Resolution (82003 -29) for the Dunn Recreational Facility project is incorporated into these minutes as Attachment #5. LGC AUTHORIZING RESOLUTION RECREATION CENTER City Manager Uskiewicz explained that this resolution authorizes the City to file an application with the LGC (Local Government Commission) to create a project. He added that this project will be piggy- backing the Highway 421 widening project. Motion by Mayor Pro -Tern Olds, seconded by Council Member Galbreath to approve a Local Government Commission Authorizing Resolution authorizing the filing of an application for approval of a financing agreement for the Dunn Recreation Center project. Motion carried 5 -0. (Council Member Billy Tart abstained due to a personal conflict with the Highway 421 project) A copy of this LGCAuthorizing Resolution (82003 -30) for the Dunn Recreation Center project is incorporated into these minutes as Attachment #6. 1025 TECHNICAL SERVICES AGREEMENT RECREATION CENTER City Manager Uskiewicz stated that this agreement will pay the city engineer for services rendered and to hire the engineering firm, Davis - Martin- Powell to accomplish the design and construction related services with regard to this project. A breakdown of these cast is as follows: • Architecture and Engineering Design Services $ $46,000 (Lump Sum) • Bidding, Award and Contract Document Services @ $3,000 (Lump Sum) • Construction Related Services @ $23,000 (Hourly Rates) Mayor Snipes made note of the $5,000 contribution made by the Davis - Martin- Powell Engineering firm to the recreation facility project. ) Motion by Council Member Godwin, seconded by Council Member Buddy Maness to approve the Technical Services Agreement for the Recreation Canter between the City of Dunn and Davis- Martin- Powell & Associates. Motion unanimously approved. (A copy of this technical services agreement is on file in the Clerk's Ogee) MUNICIPAL AGREEMENT & RESOLUTION I -95 LIGHTING PROJECT City Manager Uskiewicz stated that this is the lighting project for Highway 95. He added that this lighting would make the City more esthetically pleasing in the evening to better illuminate the entryways and to better showcase the City of Dunn. He further stated that this project has been in the works for several months and they are now at the point where plans have been submitted to the Department of Transportation and awaiting their approval. He recognized Progress Energy Representative, Tom Underhill, who was present and thanked him for his time and effort in this project. Mayor Pro -Tern Olds asked Mr. Uskiewicz if this lighting will be installed on I -95 from Pope Road to Highway 421. Mr. Uskiewicz responded yes, on both sides and at the off ramps. In referring to the $15,000 fee Mr. Olds asked Mr. Uskiewicz what portion of the cost does this amount reflect. Mr. Uskiewicz responded this is the initial cost for installation and the remainder will be leased on a monthly basis in a split arrangement with the Tourism Authority and the City of Dunn. Council Member Joey Tart asked about the monthly lease cost. Mr. Uskiewicz stated that the monthly lease is $2561.00 (City cost is $1,000 /mth. & Tourism cost is $1,561 /mth.) Mayor Snipes noted that this project was previously approved and budgeted, adding that this resolution will allow the City to sign the agreement with DOT (Department of Transportation). Motion by Mayor Pro -Tern Olds, seconded by Council Member Galbreath to approve the municipal agreement and resolution between the Department of Transportation and the City of Dunn for the installation of lighting along I -95 from Exit 72 to Exit 73. Motion unanimously approved. A copy ofthis Resolution (82003 -31) between the City of Dunn and DOT for the I -95 Lighting Project are incorporated into these minutes as Attachment #7. ECIVIS GRANTS LOCATOR SUBSCRIPTION AGREEMENT Mayor Snipes explained that this is an on -line database for researching grants, including how to identify grant money available and how to obtain grants. Mr. Uskiewicz stated that the League of Municipalities went into partnership with this organization and noted that it is not a software program, but rather a database that is continually updated. Mayor Pro -Tern Olds stated that this is a tremendous service that he and Mr. Uskiewicz were made aware of during a recent League of Municipalities Meeting they attended. Motion by Mayor Pro -Tern Olds, seconded by Council Member Maness to approve the eCivis Grants Locator subscription agreement, noting to change hem 14 from the State of California to the State of North Carolina. Motion unanimously approved. �^* GENERAL OBLIGATION BOND REFUNDING Mayor Snipes stated that there are three (3) parts to this process. They include adopting a resolution making certain statements of fact, the introduction of the bond order and the resolution calling for a public hearing on the bond order for January 8, 2004. Mayor Snipes stated that due to the diligent efforts of the Finance Director Renee' Daughtry and her office, the Council will note in their agenda book, an overview of the process for refunding these bonds. He added that cumulative savings from now until the year 2031 is projected to be $921,439. Mayor Snipes thanked Finance Director Renee' Daughtry for her efforts on this project. 1026 In summary, City Manager Uskiewicz stated the City is simply refinancing. Motion by Mayor Pro -Tem Olds, seconded by Council Member Joey Tart to approve as presented. Council Member Godwin asked if they were going to vote on each issue individually or collectively. Mayor Snipes responded collectively, with City Attorney Pope's approval. Mr. Pope stated the motion was as presented and had no objection to it. Motion unanimously approved. Manager Uskiewicz stated that all three (3) items werE pas sed in ne:motion. He asked Finance Director Renee' Daughtry if they must be approved separately. .JAS ' (, Ms. Daughtry stated that the Mayor must read the introduction, pf the :Bond Order. At this point, Mayor Snipes introduced the bond order by reading the itle Order authorizing the issuance of not to exceed $3,000,000 general obligation reh dding,kppdsO the City of Dunn, North Carolina. Mayor Snipes stated that as part of the public record, a motion and second were received for this item. TAX RELEASES /REFUNDS Mayor Snipes stated that Tax Releases/Refunds #122 -24 were removed from the consent agenda Motion by Council Member Billy Tart, seconded by Council Member Joey Tart to approve Tax Releases/Refunds #122 -124. Motion carried 5 -0. (Council Member Godwin abstained due to a personal conflict) BOND REFUNDING (CONTINUED) Finance Director Renee Daughtry approached the Council and stated that Mayor Snipes must state certain statements of fact concerning the bond refunding. Manager Uskiewicz stated that this part of the bond refunding process was voted on earlier. Ms. Daughtry explained that the introduction of the bond order was read earlier but this statement of fact states that every council member has a copy of the statements of fact. Mayor Snipes then introduced a resolution of the City Council of the City of Dunn, North Carolina malting certain statements of fact concerning proposed bond issue. Motion by Council Member Galbreath, seconded by Mayor Pro-Tern Olds to adopt a resolution of the City Council of the City of Dunn, North Carolina making =rtain statements of fact concerning proposed bond issue. Motion unanimously approved. A copy ofthis Resolution (82003 -32) making certain statements of fact concerning proposed bond issue is incorporated into these minutes as attachment 98. RESOLUTION CALL FOR PUBLIC HEARING JANUARY 8, 2004 Mayor Snipes stated that Attorney Pope pointed out that due to the January 1, 2004 Holiday, the meeting date will change to January 8, 2004. Mayor Snipes asked for a motion to adopt the resolution. Motion by Council Member Godwin, seconded by Mayor Pro-Tern Olds to adopt the resolution calling for a public hearing on January 8, 2004. Motion unanimously approved. A copy of this Resolution (82003- 33) calling a public hearing on the bond order, directrig publication ofnotice ofsaid public hearing and filing of a debt statement is incorporated into these minutes as attachment #9. INFORMATION Mayor Pro -Tem Olds encouraged the Council to attend the new Mayor and Council school that will be held on January 14 -16, 2004 in Wilmington, noting that the classes are very beneficial. Council Member Godwin thanked Manager Uskiewicz and Council Member Galbreath for attending the Downtown Revitalization Forum. He also wished everyone a Merry Christmas. Mayor Snipes stated that he was very excited about working with the Council. He added that everything the council did tonight was a positive and a progressiv -. step going forward. He wished everyone a Merry Christmas. 1027 With no further discussion, the following burial riglus were executed: 1. Helen Louise Smith and her heirs, Block 13, Lot 2, Spaces 1 -4, Resthaven Cemetery. With no further business to discuss, the meeting was adjourned at 8:26 p.m. c�'��� GGRPpggT' ;22? pe s . 2 '• SEAL (Attest: n ) w '• C q� •......• �P /1�Y�Mt 1J. C lJ .y CARD Debra G. West City Clerk �1