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060320041070 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Thursday, June 3, 2004, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor J. Dal Snipes, Mayor Pro -Tern Donnie Olds, Council Members Bryan Galbreath, Billy Tart, and Billy R. Godwin, Jr. Also present was City Manager Michael Uskiewicz, Assistant City Manager/Public Works Director Ronnie Autry, Human Resources /Safety Officer Moses Gallion, Recreation Director Perry Hudson, Police Captain Marry Denning, Fire Chief Austin Tew, City Engineer Ed Powell, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter Lisa Farmer. Council Members Buddy Maness and Joey Tart were absent, excused (out of town). INVOCATION Mayor Snipes opened the meeting at 7:00 p.m. and asked Mayor Pro -tem Donnie Olds to give the invocation. Afterwards, the pledge of allegiance was repeated. Mayor Snipes closed the regular meeting and opened public hearings at 7:30 p.m.. PUBLIC HEARINGS REZONING REQUEST ELMA WEST — STEWART STREET PIN #1516 -82 -0823 Mayor Snipes stated that the public has been notified that oral and written comments will be heard and received concerning the request by Elma West to rezone 1.5 acres of property located on Stewart Street between Jackson Road and Spring Branch Road. He added that this property is zoned R -M Multiple Family Residential and is requested to be rezoned to C- 3 Highway Commercial. The public hearing was duly advertised on May 20, 2004 and May 27, 2004. Mayor Snipes asked if there was anyone present to speak for or against this rezoning. Hearing none, he closed the public'hearing in reference to same. l CODE AMENDMENTS TO ZONING ORDINANCE, CHAPTER 22 Mayor Snipes stated that 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. Revisions under consideration are: a. Section 22 -370 Temporary Uses, Section 22 -71 (R -20), Section 22 -81 (R -10), and Section 22 -101 (R -7) b. Section 22 -1 Definitions c. Section 22 -364 Corner Lots d. Section 22 -251 Traffic Precautions and Section 22 -371 Traffic Signs Exempt e. Section 22 -141 Principal Permitted Uses f. Section 22 -231 to Section 22 -240 Proposed Transitional Commercial/Warehouse District The public, hearing was duly advertised on May 20, 2004 and May 27, 2004. Mayor Snipes read each code amendment and asked if there was anyone present to speak for or against these amendments. In response to (c) Section 22 -364 "Comer Lots", Mr. Carey Barfield, a resident who lives on a corner lot at 600 S. Layton Avenue, voiced concern about losing 30' of his property. Mayor Snipes asked if there was any other comment from the public with reference to the proposed code amendments. Hearing none, he closed the public hearing in reference to same. 1071 FINANCING IMPROVEMENTS ffiGHWAY 421 AND RECREATION FACILITY Mayor Snipes stated that the public has been notified that oral and written comments will be heard and received by the City of Dunn with reference to the financing of improvements to Highway 421 and the construction of a new Recreational Facility as authorized by N.C. G. S. 160A -20. The public hearing was duly advertised on May 19, 2004. Mayor Snipes asked if there was anyone present to speak for or against these projects. Hearing none, he closed the public hearing in reference to same. BUDGET FY 2004 -2005 1 Mayor Snipes 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 approval of the Fiscal Year 2004- 2005 budget. The public hearing was duly advertised on May 21, 2004. Mayor Snipes asked if there was anyone present to speak for or against the proposed FY 04 -05 budget. Mr. Billy Barfield of 1304 Guy Avenue, asked that the council give a 5 percent raise to those City employees that did not receive a raise earlier. Mayor Snipes asked if there was any other comment from the public. Hearing none, motion by Council Member Billy Tart, seconded by Mayor Pro -tern Olds to close public hearings and reconvene the regular council meeting at 7:08 p.m. Motion unanimously approved. CONSENT ITEMS Mayor Snipes asked if there were any consent items that Council wished to pull for further discussion. Budget Amendments pulled - City Manager Uskiewicz explained that certain Budget Amendments need to be pulled because they should not have been placed under the consent agenda. He asked that the council pull all budget amendments in total and place them as the last item for decision. He added that some of the purchases under "Items for Decision" inadvertently were placed under consent, further explaining that the council would not want to approve the budget amendments before the "Items for Decision" were addressed. 1 The following consent items were considered by Council: Minutes- Council considered approval of minutes of the May 6, 2004 meeting Minutes - Council considered approval of minutes of the May 17, 2004 Special Call Budget Work Session meeting. Minutes - Council considered approval of minutes of the May 24, 2004 Special Call Budget Work Session meeting. Assessment Releases/Refunds- Council considered approval of Assessment Releases/Refunds #01. AssessmentReleases/Refunds are filed in the office of the Tax Collector. Averasboro Fire District Contract - Council considered approval of the annual Averasboro Fire District contract for FY 2004 -05. A copy of the FY 04 -05 Averasboro Fire District Contract between the County of Harnett and the City of Dunn is incorporated into these minutes as Attachment #1. Motion by Mayor Pro -tem Olds, seconded by Council Member Godwin to approve above consent items. Motion unanimously approved. ITEMS FOR DECISION REZONING REQUEST ELMA WEST — STEWART STREET PIN # 1516 -82 -0823 A request was received from Elma West to rezone the property consisting of 1.5 acres located on Stewart Street between Jackson Road and Spring Branch Road. This property is zoned R -M Multiple Family Residential and is requested to be rezoned to C -3 Highway Commercial. This request was presented to the council during the May 6, 2004 council meeting, however at that time the Planning Board did not forward a recommendation to the council to approve or deny the request but tabled the request pending revisions to the land use plan. As a result, the council voted to send this rezoning case back to the Planning Board for a recommendation to approve or deny the rezoning request. The Planning Board met on Tuesday, May 25, 2004 and recommended approval of this request. 1072 Motion by Mayor Pro -tem Olds, seconded by Council Member Galbreath to rezone 1.5 acres (PIN # 1516- 82- 0823) located on Stewart Street between Jackson Road and Spring Branch Road from R -M Multiple Family Residential to C -3 Highway Commercial. Motion unanimously approved. CODE AMENDMENTS TO CHAPTER 22 (ZONING ORDINANCE) The public has been notified that oral and written comments will be heard and received concerning the request by the City of Dunn Planning Department to amend the City of Dunn Code of Ordinances, Chapter 22. Manager Uskiewicz asked that the council table (d) Section 22 -251 Traffic Precautions and Section 22 -371 Traffic Signs Exempt to a later meeting. ( Revisions under consideration are: a. Section 22 -370 Temporary Uses, Section 22 -71 (R -20), Section 22 -81 (R -10), and 22 -101 (R -7) Motion by Council Member Galbreath, seconded by Mayor Pro -tem Olds to approve above code amendment as presented. Motion unanimously approved. Ordinance (02004 -11) filed in Ordinance Book. b. Section 22 -1 Definitions Motion by Mayor Pro -tem Olds, seconded by Council Member Galbreath to approve above code amendment as presented. Motion unanimously approved. Ordinance (02004 -12) filed in Ordinance Book. c. Section 22 -364 Corner Lots Motion by Council Member Godwin, seconded by Mayor Pro -tem Olds to approve above code amendment as presented. Motion unanimously approved. Ordinance (02004 -13) filed in Ordinance Book. Manager Uskiewicz explained that there was a renovation situation in a historic district of town which prompted some clarification language in the code to allow this individual to be able to encroach on their side yard set -back in a historic district. He added that the intent of this code amendment is to aid renovations. In addressing Mr. Carey Barfield's concern during the public hearing, Mr. Uskiewicz stated that the next proposed code amendment (d) Section 22 -251 and 22 -371 deals with set - backs. Mr. Uskiewicz added that he has requested it to be tabled. Also in addressing Mr. Carey Barfield's concern, Council Member Godwin stated that this amendment to Section 22 -364 "comer lots" actually liberalizes the ability to do some renovations on homes and it is not ! I I I J designed to restrict or remove additional frontage or side -yards from anybody's home. Mr. Uskiewicz stated that this code amendment is a vehicle by which the City can aid the people that live in the historic district, so that they can continue to remodel and make improvements to their homes without it being so restrictive. Attorney Pope stated that he concurred with the City Manager and Council Member Godwin, adding that this amendment is more liberal for comer lots, particularly in historic districts. He added that it is not placing a further restriction on residential property owners. He further stated that this provision provides some flexibility for those properties that were built prior to there being a code, which don't always comply with the existing code. He stated that it allows for some flexibility where renovations can be made to the home or accessory buildings that a citizen would not be allowed to do under the current code. d. Section 22 -251 Traffic Precautions and Section 22 -371 Traffic Signs Exempt Motion by Council Member Billy Tart, seconded by Council Member Godwin to table above code amendment. Motion unanimously approved. e. Section 22 -141 Principal Permitted Uses Motion by Mayor Pro -tern Olds, seconded by Council Member Galbreath to approve above code amendment as presented. Motion unanimously approved. Ordinance (02004 -14) filed in Ordinance Book Manager Uskiewicz explained that this code amendment adds the ability to have housing in the upper floors of buildings in the Downtown District. f Section 22 -231 to Section 22 -240 Proposed Transitional Commercial/Warehouse District ~ J Manager Uskiewicz explained that this amendment adds a new section to the code, which would allow certain activities within districts that the city is having trouble clarifying. He added that this again, is a mechanism to aid two businesses to start operation. He further stated that this amendment will help to place businesses that don't always fit the mold. Council Member Godwin stated that he is in favor of this amendment, however, he does have a concern with part of the amendment under section 22 -235 "Development and Redevelopment Requirements ". He added that he met with City Attorney Pope and would like to suggest that the council approve Sections 22- 231, 22 -232, 22 -233, 22 -234 and table Section 22 -235 until the next meeting. He further stated that he had concerns with some of the requirements on the standards that will be used. 1073 Mayor Snipes yielded to City Attorney Pope for his comments regarding tabling part of this code amendment. Mr. Pope stated that the council has before them five sections of a code addition, and council may choose to adopt the first four sections and table the last section 22 -235 until the next meeting. Motion by Mayor Pro -tern Olds, seconded by Council Member Godwin to approve code amendments to include Sections 22 -231, 22 -232, 22 -233, and 22 -234. Motion unanimously approved. Ordinance (02004 -15) filed in Ordinance Book. Motion by Council Member Godwin, seconded by Council Member Billy Tart to table Section 22 -235 "Development and Redevelopment Requirements". Motion unanimously approved. APPROVAL TO PURCHASE MANDATED NCOBD2 EMISSION ANALYZER The State of NC is requiring emission testing on vehicles 1996 and newer beginning July 1, 2004. The city garage performs inspections on all vehicles and to continue this practice, an emission analyzer must be purchased. A unit will cost approximately $6,000. At a cost of $30.00 per inspection by an outside source, it will not take long for the City to recoup their cost for this equipment. Motion by Council Member Galbreath, seconded by Mayor Pro -tern Olds to approve the purchase of a NCOBD2 Emission Analyzer. Motion unanimously approved. Note: BudgetAmendment #52 was placed with all other budget amendments and will be considered at the end of `Items for Decision". RE- ADOPTION OF LGC AUTHORIZING RESOLUTION HIGHWAY 421 WIDENING PROJECT In discussions with the Local Government Commission (LGC) concerning the City of Dunn's application for approval of an installment purchase contract for the Highway 421 widening project, in conjunction with contraction of the new recreation center, a question arose concerning whether or not the present Governing Body approved the filing of application resolutions for both projects. Review of the resolutions revealed that the widening of Highway 421 project resolution was approved on November 6, 2003 by the prior Governing Body, and the Recreation Center resolution was approved on December 10, 2003 by the present Governing Body. For approval of the financing by the Local Government Commission, the authorizing resolutions for both projects must be approved by the present Governing Body. —� Motion by Council Member Godwin, seconded by Mayor Pro -tern Olds to approve the re- adoption of the Resolution Authorizing the filing of an application for approval of a financing agreement for the Highway 421 widening project. Motion unanimously approved. A copy ofthis LGCAuthorizing Resohition (82004 -11) for the Highway 421 widening project is incorporated into these minutes as Attachment #2. AUTHORIZING BANK RESOLUTION HIGHWAY 421 AND RECREATION FACILITY The Highway 421 widening project and the construction of the new recreational facility are being submitted together to the Local Government Commission (LGC) for approval. These projects are unique in that the City intends to pay debt service on the recreational facility with pledges from the public, and that Highway 421 is a state owned road. For this reason, financial institutions may consider the funding of these projects high risk. This Authorizing Resolution will allow Wachovia Bank and Bank of America, in addition to the local financial institutions, to submit proposals for financing these projects. Wachovia Bank and Bank of America are known to give favorable rates on high -risk ventures and this should encourage the local financial institutions to be more competitive. Motion by Council Member Galbreath, seconded by Council Member Godwin to approve the Resolution Authorizing acceptance of bids from financial institutions for financing the Highway 421 widening and the Recreation Facility Projects. Motion unanimously approved. A copy of this Authorizing Resolution (82004 -12) to accept bids from financial institutions for financing the Highway 421 widening and the Recreation Facility Projects is incorporated into these minutes as Attachment #3. CAPITAL PROJECT ORDINANCE/BUDGET RECREATION FACILITY A Capital Project Ordinance related to the construction of a new recreation facility has been submitted to the council for approval. This ordinance needs council approval so that the budget for this project can be established for accounting purposes. This project ordinance will take the place of an annual budget ordinance, because it is not part of the City's recurring operations and expenditures, and will continue for the life of the project. Motion by Council Member Godwin, seconded by Mayor Pro -tern Olds to approve the Capital Project Ordinance for construction of a Recreation Facility. Motion unanimously approved. A copy of this 1074 Capital Project Ordinance (02004 -16) for the construction of the Recreation Facility is incorporated into these minutes as Attachment #4. CAPITAL PROJECT ORDINANCE/BUDGET HIGHWAY 421 PROJECT A Capital Project Ordinance related to the Highway 421 Widening Project has been submitted to the council for approval. This ordinance needs council approval so that the budget for this project can be established for accounting purposes. This project ordinance will take the place of an annual budget ordinance, because it is not part of the City's recurring operations and expenditures, and will continue for the life of the project. Motion by Mayor Pro -tern Olds, seconded by Council Member Billy Tart to approve the Capital Project Ordinance for construction of the Highway 421 Widening Project. Motion unanimously approved. A copy of this Capital Project Ordinance (02004 -17) for the Highway 421 Widening Project is incorporated into these minutes as Attachment #5. RESOLUTION AUTHORIZING MANAGER'S AMENDMENTS NOT TO EXCEED $5,000 Mayor Snipes reminded the council that discussion was held regarding this issue during the budget work sessions. Manager Uskiewicz stated that this request was submitted by the Finance Officer. He added that the City Manager currently has authorization to approve budget amendments up to $500.00. This current limit of $500.00 was set prior to 1989, but due to inflation, this amount is no longer practical. Motion by Council Member Godwin, seconded by Mayor Pro -tern Olds to approve the resolution authorizing Manager's Amendments not to exceed $5,000. Motion unanimously approved. A copy of this Resolution (82004 -13) Authorizing Manager's Amendments Not to Exceed $5, 000 is incorporated into these minutes as Attachment 96. AWARD OF BID RURAL CENTER PROJECT #1 Mr. Uskiewicz stated that it is now time to award the bid for the Rural Center Project. He recommended that the bid with a construction cost of $795,335.00 be awarded to Central Builders of Rocky Mount, NC. He further stated that this amount does fall within the budgeted amount. Motion by Mayor Pro -tern Olds, seconded by Council Member Billy Tart to award the bid to Central Builders of Rocky Mount, NC for the Rural Center Prqect #1. Motion unanimously approved. A copy of the bids submitted for this project is incorporated into these minutes as Attachment #7. AWARD OF BID ROOF REPAIR —PAL CENTER Manager Uskiewicz stated that this project was discussed during the budget work session meetings. He added that this is a necessary project that needs to be done as soon as possible. Bids have been solicited and recommendation is to award the project to the low bidder, Carolina Foam Insulation in the amount of $18,800.00. This will cover the flat and pitched roof work at the gym. Motion by Council Member Galbreath, seconded by Mayor Pro -tern Olds to award the bid to Carolina Foam Insulation of Dunn, NC in the amount of $18,800.00 for the roof repair at the PAL Center. Motion unanimously approved. A copy of the bids received for the roofrepair at the PAL Center is incorporated into these minutes as Attachment #8. AWARD OF CONTRACT TRIGON ENGINEERING Manager Uskiewicz stated that the Council is being asked to award Trigon Engineering Consultants, Inc. $1800.00 in order to accomplish the Phase I Environmental Site Assessment on the 20 acre parcel of property that the City is being asked to accept as a donation. He added that at a prior Council meeting, the Council stated that they wanted to proceed with this assessment prior to accepting the land donation. He j further stated that this firm comes highly recommended by City engineer, Ed Powell. Motion by Council Member Godwin, seconded by Council Member Billy Tart to approve the contract with Trigon Engineering for the Phase I Environmental Study in the amount of $1800.00. Motion unanimously approved. A copy of the Trigon Engineering Contract is incorporated into these minutes as Attachment #9. "NO TRUCK" ROUTE DIVINE, WASHINGTON, LITTLE, WILMINGTON Manager Uskiewicz stated that as a result of many ward meetings, it has been requested that commercial bus companies not use residential routes to travel to and from the bus station. He added that the Greyhound Bus Company has been contacted about this situation and they will advise their drivers. The following streets affected are: 1075 • 200 Block S. Little Avenue • 600 Block E. Divine Street • 200 Block S. Washington Avenue • 200 Block S. Wilmington Avenue Discussion was held about the current location of the bus stop and the interest of Greyhound in obtaining a secondary area. Motion.by Council Member Galbreath, seconded by Mayor Pro -tem Olds to approve the "No Truck" route for the 200 Block S. Little Avenue, 600 Block E. Divine Street, 200 Block S. Washington Avenue and 200 Block S. Wilmington Avenue. Motion unanimously approved. AUTHORIZATION TO APPLY FOR POLICE GRANT MULTI- AGENCY LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM (LETPP) Manager Uskiewicz deferred to Captain Denning to explain this grant. Captain Denning stated that this grant came about as a result of the monthly meeting held by the Municipal Police Chiefs. He added that the Police Chief requested that he submit a multi- agency grant for Homeland Security on behalf of the municipalities to include Dunn (Lead Agency), Erwin, Lillington, Coats and Angier Police Departments. This is a 100 percent no match grant through the Department of Crime Control and Public Safety and the Governor's Crime Commission for Homeland Security. Funding will be through the Law Enforcement Terrorism Prevention Program. This request will be for 78 Motorola portable radios ($326,274.00) and five Motorola base stations and antennas ($20,710.00) to be placed in all participating agencies. Motion by Mayor Pro -tern Olds, seconded by Council Member Godwin to authorize the application for a 100 percent no match Police Grant — Multi- Agency Law Enforcement Terrorism Prevention Program (LETPP). Motion unanimously approved. REPUBLICATION OF CODE Manager Uskiewicz explained that numerous amendments have been made to the City of Dunn Code over the past years. He added that many amendments were made during the year 2003 and as a result, the company that codifies the City code has recommended that the code be republished. r ", Mr. Uskiewicz stated that it is time to republish the code. He added that it was last done in 1991. Motion by Council Member Godwin, seconded by Council Member Galbreath to approve the republication of the Dunn City Code. Motion unanimously approved. Note: BudgetAmendment #44 was placed with all other budget amendments and will be considered at the end of `Items for Decision". BOARD APPOINTMENTS Vacancies will occur on various boards effective June 30, 2004. Some members wish to be re- appointed while other new appointees will need to be made. Vacancies will occur on the ABC Board, Dunn Housing Authority, Library Board and Recreation Commission. Mayor Snipes asked that this item of business be tabled due to the excused absence of two Council Members tonight. In referring to the informal agreement made by the Council during the year 1996, not to reappoint anyone who had served two or more consecutive terms, Council Member Galbreath suggested that the Council make a more formal statement concerning reappointments. Motion by Mayor Pro -tern Olds, seconded by Council Member Godwin to table board appointments. Motion unanimously approved. BUDGET AMENDMENTS Motion by Mayor Pro -Tem Olds, seconded by Council Member Galbreath to approve budget amendments #40 - #52. Motion unanimously approved. Budget Amendments #40452 are incorporated into these minutes as Attachment #10. ADMINISTRATIVE REPORTS Motion by Council Member Galbreath, seconded by Council Member Godwin to approve the Administrative Reports. Motion unanimously approved. EXECUTIVE REPORTS Council Member Godwin commended PAL Director Rodney Rowland for the effort he puts forth in attending school events to show support to the kids he interacts with at PAL. Mayor Pro -tern Olds also commended Mr. Rowland for his dedication and giving of his time to support different events for the kids. 1076 Council Member Galbreath commended Code Enforcement Officer, Steven King in the great job he is doing. Manager Uskiewicz reminded the Council of Town Hall Day on June 9, 2004. He also reminded the Council of the Special Call meeting on June 15, 2004 at 10:00 a.m. to adopt the budget. Manager Uskiewicz reported that NCDOT Secretary of Transportation Lyndo Tippett, will be at Campbell University on June 4, 2004. Mayor Pro -Tem Olds reported that he attended a Rail Sub - Committee meeting in Raleigh on June 2, 2004 along with representatives from Fayetteville and other surrounding communities to lobby for a rail project. f He added that they appeared before the DOT to discuss the possibility of a rail project coming from �✓ Raleigh by way of Dunn, Fayetteville, Bladenboro, Lumberton and to Wilmington. This will provide citizens an opportunity to board the train. Mayor Snipes commended Manager Uskiewicz for successfully completing the Municipal Administration Course. Fire Chief Tew gave an update on the condition of Mason Poe. Mr. Tew stated that he is improving and is now in stable condition. He is currently at Bethesda Naval Hospital and the family has requested that cards be sent to him. Mayor Snipes reported that the government students from Triton High School participated in the Leaders of Tomorrow Program on May 18, 2004. This is a program that gives students an insight on how each city department operates and shadows were assigned to each Department Head. The students participated in a Mock Council Meeting at the end of the day. Mayor Snipes read the Leaders of Tomorrow Proclamation. Mayor Snipes requested that this Proclamation be entered into the record. Proclamation P2004 -04 is incorporated into these minutes as Attachment #11. INFORMATION With no further discussion, the following burial rights were executed: 1. Jerry and Shirley Ammons and heirs, Block K, Lot 33, Spaces 1 -8, Greenwood Cemetery. 2. Billy Ray Strickland and Jean Strickland Benson and heirs, Block Z, Lot 3, Spaces 3 -4 -7 -8 Greenwood Cemetery. 3. Lillian McKay and heirs, Block 15, Lot 47, Space 1, Resthaven Cemetery. 4. Roy Collins and heirs, Block 9, Lot 55, Space 5, Resthaven Cemetery. 5. Billy Ray Strickland and Jean Strickland Benson and heirs, Block Z, Lot 8, Spaces 3- 4 -7 -8, Greenwood Cemetery. 6. Warren Godwin, Sr. and heirs, Block 13, Lot 11, Space 1, Resthaven Cemetery. 7. James McKoy and heirs, Block 15, Lot 55, Spaces 3-4, Resthaven Cemetery. 8. Dafford Funeral Home and heirs, Block 9, Lot 57, Spaces 1 -2, Resthaven Cemetery. 9. Dafford Funeral Home and heirs, Block 4, Lot 38, Space 8, Resthaven Cemetery. 10. Virginia Kelly Lucas and heirs, Block X, Lot 30, Spaces 3 -4, Greenwood Cemetery. With no further business to discuss, the meeting was adjourned at 8:05 p.m. A est: Debra G. West City Clerk ; • G ORPOg y T t' SEAL h CARD �11,0111400 `�