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090220041102 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Thursday, September 2, 2004, 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, Billy Tart, Billy R. Godwin, Jr., and Joey Tart. Also present was City Manager Michael Uskiewiez, Assistant City Manager/Public Works Director Ronnie Autry, Human Resources /Safety Officer Moses Gallion, Building Inspector Mike Blackmon, Code Enforcement Officer Steven King, City Planner Julie Reid, Recreation Director Perry Hudson, Police Chief Tim Benware, Police Captain Morry Denning, Fire Chief Austin Tew, City Engineer Randy McNeil, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter Jon Soles. Council Member Bryan Galbreath was absent, excused (out of town). INVOCATION Mayor Snipes opened the meeting at 7:00 p.m. and asked Council Member Godwin to give the invocation. Afterwards, the pledge of allegiance was repeated. PRESENTATIONS Police Chief Tim Benware presented Advanced Law Enforcement Certificates to Agent Jimmy Page and Sergeant Larry Jenkins. Mayor Snipes closed the regular meeting and opened public hearings at 7:03 p.m. PUBLIC HEARINGS COMMUNITY BLOCK GRANT APPLICATION 2n READING Mayor Snipes stated that the public has been notified that oral and written comments will be heard and received regarding a proposed grant application to enable the City of Dunn to connect low and moderate income households to existing water and sewer lines. The funds may only be used to connect low and moderate.-income owner- occupied and tenant - occupied dwellings, provided the landlord is also low and moderate.-income. Low and moderate - income households are defined as households at 80% or less of the median family income for the County in which the residence is located. �-) The proposed grant application will be submitted to the State of North Carolina. He added that the public hearing was duly advertised on August 18, 2004 and August 25, 2004. This is the 2 " public hearing held for this grant application. Mayor Snipes asked if there was anyone present to speak for or against the proposed community block grant application. Hearing none, he closed the public hearing in reference to same. STREET CLOSING JESSE TART CIRCLE Mayor Snipes stated that the public has been notified that oral and written comments will be heard and received concerning the request by property owner, Circle Enterprises, Inc. to close a portion of Jesse Tart Circle (12,244.83 square feet). He added that the public hearing was duly advertised on August 11, 2004, August 18, 2004, August 25, 2004 and September 1, 2004. Mayor Snipes asked if there was anyone present to speak for or against this street closure. Hearing none, he closed the public hearing in reference to same. CONDITIONAL USE PERMIT TWO -TH., LLC, OWNER FOOD LION, TENANT PIN #1526 -01- 7397.000 1243 EAST CUMBERLAND STREET Mayor Snipes stated that the public has been notified that oral and written comments will be heard and received concerning the request by Two -Til, LLC (owner) and Food Lion (tenant) to approve the sale of alcohol in conjunction with a grocery store located at 1243 East Cumberland Street. He added that the public hearing was duly advertised on August 18, 2004 and August 25, 2004. Mayor Snipes asked if there was anyone present to speak for or against this conditional use permit. Hearing none, he closed the public hearing in reference to same. 1103 GENERAL PLAN AMENDMENT 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 revise the General Plan Designation for portions or all property within an area bounded by Cumberland Street on the north, Duke Street on the south, King Avenue on the west and Elm Avenue on the east. The public hearing was duly advertised on August 18, 2004 and August 25, 2004. Mayor Snipes asked if there was anyone present to speak for or against this General Plan Amendment. Hearing none, he closed the public hearing in reference to same. REZONING REQUEST 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 rezone parcels of land with an area bounded by Cumberland Street on the north, Duke Street on the south, King Avenue on the west and Elm Avenue on the east. The public hearing was duly advertised on August 18, 2004 and August 25, 2004. Mayor Snipes asked if there was anyone present to speak for or against this city initiated rezoning request Hearing none, he closed the public hearing in reference to same. ADOPTION OF HAZARD MITIGATION PLAN 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 approve the Harnett County Hazard Mitigation Plan, which includes the cities of Dunn, Lillington, Coats, Angier and Erwin. The plan identifies areas of communities that are vulnerable and proposes preventative measures to reduce the risk of injury or death to the citizens and to reduce risk of damage to property due to Federal or State declared disasters. The adoption of a Hazard Mitigation Plan is required to obtain Hazard Mitigation funding and is tied to Federal and State disaster funding. The public hearing was duly advertised on August 18, 2004 and August 25, 2004. Mayor Snipes asked if there was anyone resent to speak for or Y P Y P p against the Hazard Mitigation Plan. Hearing none, motion by Council Member Godwin, seconded by Council Member Joey Tart to close public hearings and reconvene the regular council meeting at 7:08 p.m. Motion unanimously approved. CONSENTITEMS Mayor Snipes asked if there were any consent items that Council wished to pull for further discussion. Hearing none, the following items were considered by Council: Minutes- Council considered approval of minutes of the August 5, 2004 meeting. Tax Releases/Refunds- Council considered approval of Tax Releases/Refunds #1413. Tax Releases/Refunds are filed in the office of the Tax Collector. Motion by Council Member Joey Tart, seconded by Mayor Pro -tem Olds to approve above consent items. Motion unanimously approved. ITEMS FOR DECISION COMMUNITY BLOCK GRANT APPLICATION APPROVAL FOR SUBMITTAL This proposed grant will enable the City of Dunn to connect low and moderate - income households to existing water and sewer lines. The funds may only be used to connect low and moderate- income owner- occupied and tenant - occupied dwellings, provided the landlord is also low and moderate - income. Low and moderate - income households are defined as households at 80% or less of the median family income for the County in which the residence is located. Motion by Council Member Godwin, seconded by Mayor Pro -tern Olds to approve authorization to submit a Community Block Grant Application to the State of North Carolina to enable the City of Dunn to connect low and moderate - income households to existing water and sewer lines in the City of Dunn. Motion unanimously approved. 1104 STREET CLOSING JESSE TART CIRCLE At the August 5, 2004 Council meeting, a Resolution of Intent was adopted to consider closing a portion of Jesse Tart Circle and a public ]tearing was held tonight. Should Council wish to proceed with the closing of a portion of Jesse Tart Circle, a Resolution and Order is attached for consideration. Motion by Council Member Joey Tart, seconded by Council Member Maness to adopt the Resolution and Order to close a portion of Jesse Tart Circle as shown as Parcel A (12,244.83 square feet) on the map titled "Survey of Jesse Tart Circle" dated July 1, 2004 and prepared by Joyner Piedmont Surveying. Motion unanimously approved. A copy ofthis Resolution and Order (82004 -21) closing a portion ofJesse Tart Circle is incorporated into these minutes as Attachment #1. CONDITIONAL USE PERMIT TWO -TIL, LLC, OWNER FOOD LION, TENANT PIN #1526 -01- 7397.000 1243 EAST CUMBERLAND STREET A request was received from Two -Til, LLC (owner) and Food Lion (tenant) for a conditional use permit within a C -2 Shopping Center District. This request is to allow the sale of alcohol in conjunction with a grocery store located at 1243 East Cumberland Street. Motion by Mayor Pro -tom Olds, seconded by Council Member Billy Tart to approve the conditional use permit for Two -Til, LLC (owner) and Food Lion (tenant) to allow the sale of alcohol in conjunction with a grocery store located at 1243 East Cumberland Street based upon findings referenced in Chapter 22, Section 22 -485 (b) of the City of Dunn Code of Ordinances. Motion unanimously approved. GENERAL PLAN AMENDMENT During the August 5, 2004 Council meeting, a recommendation was approved to direct staff to complete a land use survey of the general area, from Cumberland Street to Duke Street and from King Avenue to Magnolia Avenue and to bring those proposals back to the Council at the soonest possible time for consideration. City Planner Reid stepped forward and showed a map of the existing land use study area. This study is approximately 31 years old. She explained that the deterioration of existing property within this area is caused by the shift from rail to trucking, decrease demand for warehouse space, disproportionate number of non - conforming uses, conflicting land uses, lots and building sizes that are inappropriate for the permitted uses and a large percentage of vacant lots. Mrs. Reid stated that as a result of the deterioration of this area, investment has declined. She added that due to this areas close proximity to the downtown district and the entrance into town on Hwy. 301, it is important that this area become stable with good quality development. Mrs. Reid pointed out that there is a conflict with the zoning of the properties. For example, there are small lots which are zoned Industrial, yet are too small to be used for this purpose and there are residential lots with residential structures erected that are zoned Industrial. Should a structure be damaged in excess of 50% of its value, it cannot be rebuilt or repaired based upon the current zoning. Mrs. Reid explained the land use map, showing the mix of industrial, commercial and residential areas. The industrial area has expanded considerably from what the general plan designated. There are property owners in this area that have not been able to make use of their property. Mrs. Reid showed a map of the proposed amendment to the land use plan, which mimics zoning and the existing land use. It extends the commercial area and it zones residential properties which are currently used for residential. She stated that the main focus of this corrective action is to begin investment in this area and to make it possible for investment to occur. The Council questioned Mrs. Reid about the impact this would have on the commercial and industrial properties currently being utilized. She responded that those properties would not be rezoned in direct conflict of what is there unless the property owner requested it. Motion by Mayor Pro -tern Olds, seconded by Council Member Godwin to approve the proposed General Plan Amendment as presented. Motion unanimously approved. REZONING REQUEST PZ 04 -04 PHASE ONE (CITY INITIATED) - PORTION OF AN AREA BOUNDED BY CUMBERLAND STREET ON THE NORTH, DUKE STREET ON THE SOUTH, KING AVENUE ON THE WEST, ELM AVENUE ON THE EAST 1105 During the August 5, 2004 Council meeting, the need for a General Plan Amendment and City initiated corrective zoning was identified and authorized. A map of this area has been created which designates the corrective zoning in the areas referenced above. Council Member Godwin asked if the Council is bang asked to rezone only Phase One. City Planner Reid stepped forward and stated that the Council is being asked to approve Phase One, which includes two parcels (PIN #1516 -56 -7113 and #1516 -56 -9077. She added that these two property owners have contracts that are pending and are very anxious in moving forward. The rezoning will allow the rehabilitation of a commercial structure for use as a church and the other will allow a residential home to be restored and inbabited. Mrs. Reid explained that the property owners of Phase Two will be notified and made aware of what is being proposed. The majority of the parcels involved in Phase Two are zoned industrial although they have residential uses. Council Member Billy Tart asked Mrs. Reid if the residents of this area are aware of the possibility that a church will be locating there. Mrs. Reid responded yes. Motion by Council Member Joey Tart, seconded by Council Member Maness to approve Phase One of the proposed rezoning as presented. Motion unanimously approved. A copy of the map indicating Phase I properties is incorporated into these minutes as Arachment #2. ADOPTION OF A HAZARD MITIGATION PLAN This is a request to adopt the Harnett County Hazard Mitigation.Plan, which includes the cities of Dunn, Lillington, Coats, Angier and Erwin. The plan identifies areas of communities that are vllnerable and proposes preventative measures to reduce the risk of injury or death to the citizens and to reduce risk of damage to property due to Federal and State declared disasters. The adoption of a Hazard Mitigation Plan is requiPd to obtain Hazard Mitigation funding and is tied to Federal and State Disaster Funding. Motion by Council Member Maness, seconded by Council Member Billy Tart to adopt the Harnett County Hazard Mitigation Plan. Motion unanimously approved. A copy of the Harnett County Hazard Mitigation Plan is on file in the offlice of the City Clerk. - APPEAL ORDER OF BUILDING INSPECTOR 608 N. MCKAY AVENUE This is a request from the property owner of 608 N McKay Avenue, John M. Roberson to appeal the order of the Building Inspector allowing 60 days to make the proper repairs to this structure. Mr. Roberson has filed an appeal to request a hearing before the City Council asking for more time to complete the construction of this structure. The Council shall render a decision on this appeal within a reasonable time. Building Inspector Mike Blackmon stepped forward and gave a brief history about 608 N. McKay Ave. The previous owner of this house, Ms. Wanda Foster was notified of a hearing before the Building Inspector on June 25, 2002. The house was forecicsed on and the new owner then became American General Finance. American General Finance was notified of a hearing before the Building Inspector on July 12, 2002. There is no written or verbal correspondence from American General. Sometime between July 12, 2002 and October 3, 2003, Mr. John Roberson purchased the property in foreclosure. On October 3, 2003, Mr. Roberson was issued a permit for repairs to the existing dwelling and an addition of approximately 1700 square feet. On January 2, 2004, former Building Inspector, Mr. Hudson inspected the footing and noted that there were minor corrections to be made. On January 5, 2004, Mr. Hudson inspected the footing again, at which time it was approved. Mr. Blackmon stated that he was hired as Building Inspector in April, 2004. On June 10, 2004 he and Code Enforcement Officer Steven King visited the property and based upon its condition, the dwelling was condemned. After the condemnation, it was discovered that Mr. Roberson had been issued a permit to work on this dwelling. In a letter dated June 11, 2004, Mr. Roberson was notified that the house had been condemned and a hearing was scheduled for June :3, 2004 at 8:00 a.m. Mr. Blackmon stated that on June 23, 2004, Mr. Roberson attended the hearing and discussed his plans for this dwelling. In a letter dated August 11, 2004, Mr. Roberson was notified by the Inspection Department to repair or demolish the structure within 60 days from the date of the letter. In the same letter, Mr. Roberson was advised that he had the right to appeal the Building Inspector's decision. Mr. Roberson has appealed the decision of the Inspector. Mr. Roberson stepped forward and stated that he bought the house from American General. The house had been sitting on the ground and the yard was full of pine trees. He explained that he had the house jacked up and he cut all of the trees. He has put the foundation in as well as the flooring and joists and he is ready to proceed with putting up the walls. He stated that he needed more time and he is asking for five (5) months to complete construction. 1106 The Council discussed that as long as progress is being made, they have no problem with granting an extension. Motion by Council Member Godwin, seconded by Council Member Joey Tart to grant an extension of 150 days from date of the Building Inspector's compliance order. Motion unanimously approved. CLOSING OF STREETS COTTON FESTIVAL Averasboro Tourism Director Dana Cochran stepped forward to request several street closures for this festival. The NC Cotton Festival Committee is requesting that the following streets be closed for the 6 Annual Cotton Festival to be held on November 5 -6, 2004. Friday, November 5 Harnett St. from the railroad crossing to Fayetteville Ave. (5 -11 p.m.) Edgerton St. from the railroad crossing to the City parking lot behind Sherry's Bakery (3 p.m. until after the festival on Nov. 6) Intersection of Edgerton St. and Wilson Ave. (5:30 p.m. until after the festival on Nov. 6) Saturday, November 6 Broad Street from Clinton Ave. to King Ave. Wilson Ave. from Cumberland St. to the driveway at Eastside Fire Dept. Edgerton St. from Fayetteville Ave. to the alley next to the city parking lot behind Sherry's Bakery Fayetteville Ave. from Cumberland St. to Edgerton St. Lucknow Ave. from Cumberland St. to Broad St. In addition, they ask permission to use the First Citizens Bank parking lot being leased to the City of Dunn and the City parking lot across from The Daily Record as well as assistance from city personnel (police, public works, parks and recreation) and that the street sweeper come through after the event on Saturday. Motion by Council Member Godwin, seconded by Council Member Maness, to approve the closing of the streets, provide city personnel assistance and the services of the street sweeper afterwards in downtown Dunn for the Cotton Festival to be held on November 5 -6, 2004. Motion unanimously approved. RESOLUTION NEW GENERAL PLAN (LAND USE PLAN) This is a resolution requesting the services of the Division of Community Assistance (DCA) for the development of a Land Use Plan for the City of Dunn. Manager Uskiewicz explained that in essence this is like a grant, whereby the City is receiving work and expertise to accomplish this project. DCA Representative Jason Epley stepped forward and stated that his staff has been working with City Planner Julie Reid. He explained that the first step of this process is the adoption of this resolution. The first planning step is having a visioning process, involving the community and laying out the roadmap for the future. It has been 30 years since the City of Dunn has done an in depth process. City Planner Reid stepped forward and stated that the City had requested assistance from DCA last year and they have agreed to help the City with mapping. She added that when she began working for the City, there was a program and a plotter but there wasn't any information about Dunn that could be printed. Maps of the City could not be printed. DCA has been assisting the City with the City boundary and the ETJ boundary. She stated that the City is now working on compiling the information to transfer to DCA whereby they will prepare a digital zoning map. Mrs. Reid stated that this task could not be accomplished with the present staff available. The City will be saving a tremendous amount of money with DCA completing this project. Mr. Epley explained that the DCA serves a 16 county region and that is the reason for the long wait from the request made by the City last year. Mr. Olds asked why the City of Dunn was selected. Mr. Epley responded that DCA provides planning assistance service in a 16 county region and they provide service to communities within this entire area. He stated that as cities need their service, City Managers or Mayors will send a letter of request. He added that Manager Uskiewicz requested that this plan be accomplished last year but there was a waiting list. He further stated that there are various factors in deciding which communities they serve. In explaining the cost to the City for this service, Mr. Epley stated that the City of Dunn will pay DCA mileage charges, map production fees, and meal reimbursements. Motion by Council Member Maness, seconded by Council Member Billy Tart to adopt the Resolution Requesting the Services of the Division of Community Assistance (DCA) for the development of a Land Use Plan for the City of Dunn. Motion unanimously approved. A copy of this Resolution (82004 -22) 1901A requesting the services ofDCA to develop a Land Use Plan for the City ofDunn is incorporated into these minutes as Attachment #3. Mayor Snipes asked about the time frame for this project. Mr. Epley responded that he is working to have this planning process completed by May, 2005. He explained that sometimes when you start a land use planning process, the community has other ideas. He stated that the Council will be included in the whole process and the Council will be notified of meetings that will be taking place. ORDER OF COLLECTIONS AUTHORIZATION TO TAX COLLECTOR Pursuant to G.S. 105 -352, attached is an Order of Collections which authorizes Tax Collector Shannon McIntyre to collect the taxes set forth in the 2004 tax records filed in the office of the Tax Collector. Motion by Council Member Joey Tart, seconded by Mayor Pro -tem Olds to approve an order of collections authorizing Tax Collector Shannon McIntyre to collect the taxes set forth in the 2004 tax records filed in the office of the Tax Collector. Motion unanimously approved. A copy of this Order of Collections is incorporated into these minutes as Attachment #4. RESOLUTION SURPLUS AUCTION Manager Uskiewicz stated that the Council is being asked to approve holding an auction on October 2, 2004 at 9:00 a.m. Motion by Council Mayor Pro -tern Olds, seconded by Council Member Maness to adopt a resolution authorizing City Manager Mike Uskiewicz to hold a public auction to sell surplus personal property on Saturday, October 2, 2004 at 9:00 a.m. at the Public Works Impound Lot. Motion unanimously approved. A copy of this Resolution (82004 -23) authorizing the City Manager to hold a public auction is incorporated into these minutes as Attachment 45. RENTAL FEES DUNN COMMUNITY BUILDING The Recreation Department is recommending that a rental fee of $400.00 be charged for anyone requesting the use of the Community Building. Currently the rental fee is $400.00 for for -profit organizations and $200.00 for non -profit organizations. This fee structure is based upon the fact that the old civic center's rental rate was $300.00 per day ten years ago and it did not have an air conditioner or a full functional kitchen. Also by charging everyone the same fee, it will take the burden of explaining and/or deciding which organizations are profit and non -profit off of the Recreation Department. Recreation Director Perry Hudson explained that with the different charge for for - profit and non -profit organizations, some are skirting the system. Out of the last 62 rentals, 42 are booked under the non -profit status. He is requesting a $400.00 fee across the board. Mayor Pro -tem Olds expressed concern about the increase. He suggested a $300.00 flat fee for everyone. Mr. Hudson stated that he felt $400.00 was reasonable when considering that this fee includes rental of a 7,000 square foot building from 8:00 a.m. until 11:00 p.m., staff time required after events are over and the use of tables and chairs. He added that he would bike to charge one fee for all groups. The Council discussed the fees, services provided, re -coup costs, non -profit abuse, recreation staff required to clean the building after renters, and wear and tear on City property Motion by Council Member Joey Tart, seconded by Council Member Billy Tart to approve the Recreation Department's recommendation to charge a $400.00 flat fee for the public and non -profit groups renting the Dunn Community Building effective immediately for new contacts. The current rate will be honored through the end of this year for anyone already on the books even if they have not signed a contract. Motion carried 4 -1. Ayes Noes Joey Tart Olds Billy Tart Godwin Maness RESOLUTION AMENDMENT (ADOPTED 8/5/04) GOVERNOR'S HIGHWAY SAFETY PROGRAM FUNDING This resolution was adopted during the August 5, 2004 Council meeting in the amount of $11,168 with a local match of $0. Since adoption of this resolution, the grant amount has been reduced to $10,680 with a local match of $0, therefore a new resolution with the amended amount will need to be adopted. Motion by Mayor Pro -tem Olds, seconded by Council Member Godwin to adopt the resolution authorizing the filing of an application for a grant through the NC Governor's Highway Safety Program for federal funding in the amended amount of $10,680 with a local match of $0. Motion unanimously approved. A copy of this Resolution (82004 -24) authorizing the filing of a police grant with a local match of $0 for purchasing traffic checkpoint equipment including trailer, light tower, traffic vests and electronic traffic speed sign is incorporated into these minutes as Attachment #6 1108 POLICE DEPARTMENT AUTHORIZATION OF APPLY FOR DISCRETIONARY FUNDS -NC GOVERNOR'S CRIME COMMISSION The Dunn Police Department is requesting authorization to apply for $10,000 in discretionary monies through the NC Governor's Crime Commission. This would include a 10% local match. Motion by Council Member Godwin, seconded by Council Member Maness, to approve authorization for the Police Department to apply for $10,000 in discretionary monies with a 10% local match through the NC Governor's Crime Commission. Motion unanimously approved. K -9 RETIREMENT i Manager Uskiewicz stated that Kilo is 7 years of age and his health is diminishing. At this time the council is being asked to concur in retiring this canine and to give him to his handler, former Police Officer Johnny Jackson. Motion by Mayor Pro -tem Olds, seconded by Council Member Billy Tart to retire K -9 Kilo and grant ownership, care and maintenance to Officer Johnny Jackson. Motion unanimously approved. CROSS CONNECTION CONTROL POLICY Manager Uskiewicz stated that this is a required policy that council is being asked to adopt. This policy prevents any type of backflows into the water system that could cause some types of contaminants to enter the water system. Motion by Council Member Billy Tart, seconded by Council Member Maness to adopt the Cross Connection Control Policy and call for a public hearing at the October 7, 2004 meeting to amend the City of Dunn Code of Ordinances Section 21 -7 by incorporating by reference a Cross Connection Control Policy. Motion unanimously approved. A copy of this Cross Connection Control Policy for the City of Dunn is incorporated into these minutes as Attachment #7. RURAL CENTER GRANT APPLICATION AUTHORIZING RESOLUTION The Council is being asked to authorize the Mayor to execute the application package to apply for the Rural Center's $400,000 Supplemental Grant for the rehabilitation of the sewer system in the Spring Branch Road — Godwin Street area. This is the third Rural Center Grant dealing with inflow /infiltration. The deadline for this application is September 30, 2004. Manager Uskiewicz explained to the Council that this grant would require a ten percent (10 %) local match based on the fact that the City went from a tier four (4) community to a tier three (3) community based upon economical disstressors within the county. Motion by Mayor Pro -tem Olds, seconded by Council Member Maness to approve the resolution authorizing the Mayor to execute and file an application on behalf of the City of Dunn with the NCREDC (Rural Center) for a grant to assist in the construction of the Spring Branch Road — Godwin Street project. Motion unanimously approved. A copy ofthis Resolution (82004 -25) authorizing the Mayor to file an application with the Rural Center for a grant is incorporated into these minutes as Attachment 98. Mayor Snipes requested that one (1) item of business be added to tonight's agenda as well as an item of business taken off the table with reference to 411 E. Cleveland Street property. Motion by Council Member Maness, seconded by Mayor Pro -tem Olds to add the following item for decision to the Agenda. Motion unanimously approved I) Blocking of Street —North Park Avenue Mayor Snipes entertained a motion to take an item of business with reference to the demolition of the structure located at 411 E. Cleveland Street off the table. Motion by Mayor Pro -tem Olds, seconded by Council Member Joey Tart to take the item of business j pertaining to the property at 411 E. Cleveland Street off the table. Motion unanimously approved DEMOLITION OF STRUCTURE 411 E. CLEVELAND STREET Mayor Snipes opened discussion with reference to the demolition of the property at 411 E. Cleveland Street. Council Member Godwin stated that there has been no activity, communication or contact with the Building Inspector with reference to the property at 411 E. Cleveland Street. Motion by Council Member Godwin, seconded by Council Member Billy Tart to approve the ordinance directing the Building Inspector to remove or demolish the structure at 411 E. Cleveland Street. Motion 1109 unanimously approved. A copy ofthis Ordinance (02004 -32) Directing the Building Inspector to remove /demolish the structure located at 411 E. Cleveland Street is incorporated into these minutes as Attachment #9. BLOCKING OF STREET NORTH PARK AVENUE Mayor Snipes stated that the First Presbyterian Church has requested to block N. Park Avenue from Cole Street to Granville Avenue on Sunday, September 19, 2004 from 3:00 p.m. until 7:00 p.m. to hold a fall festival. Motion by Council Member Godwin, seconded by Council Member Buddy Maness to grant permission to the First Presbyterian Church to block N. Park Avenue from Cole Street to Granville Avenue on Sunday, September 19, 2004 from 3:00 p.m. until 7:00 p.m. to hold a fall festival. Motion unanimously approved. ITEMS FOR DECISION AND /OR DISCUSSION STREET NAMING CHANGE GLENEAGLES SUBDIVISION Manager Uskiewicz stated that a request has been received from Wellons Reality and a petition from the property owners was received just prior to the Council meeting requesting a street name change within the Gleneagles Subdivision. He added that an ordinance will be required and a public hearing will need to be set. Motion by Council Member Joey Tart, seconded by Mayor Pro -tem Olds to set a public hearing for October 7, 2004 to consider an ordinance to change the name of a street in Gleneagles Subdivision. Motion unanimously approved. ACCEPTANCE OF JOHNSON STREET PROPERTY Manager Uskiewicz stated that as reported during the budget work session, this property did come back clean after a Phase One environmental analysis. He added that the Council is being asked to accept this property and to authorize the City of Dunn to pay the taxes since they have been working on this project since February and to authorize a survey of this property. The property may be divided into lots for Habitat for Humanity as well as develop part of it as a recreational nature park. City Attorney Pope stated that the 2004 taxes are $570.81. In addition to the survey, Mr. Pope recommended that the City obtain title insurance on the property. The Council discussed the various uses of this property. Motion by Mayor Pro -tem Olds, seconded by Council Member Billy Tart to authorize acceptance of the Johnson Street property (approximately 20 acres), authorize the payment by the City of Dunn the 2004 property taxes, cost associated with a survey of the subject property, insurance and title insurance. Motion unanimously approved. Mayor Snipes thanked the heirs of Vara Denning for this generous donation to the City of Dunn. PAVING PROJECTS/PROJECTED COSTS 'l. Manager Uskiewicz stated that this project will involve fund balance. In looking at the paving project list proposed, and based upon the fact that city streets have not been paved for a long time, he recommends that the Council amend the budgeted paving line item to $135,000. This will involve taking $60,000 out of the Powell Bill Fund. The Powell Bill Fund Balance is $580,000. Mr. Uskiewicz stated that the paving project list is an aggressive list put together by the Public Works Director Ronnie Autry and includes many areas of the City. Mayor Snipes reminded the Council that $75,000 of the $135,000 is already budgeted for this year. Motion by Council Member Godwin, seconded by Mayor Pro -tem Olds to proceed with the paving project as presented and to request a budget amendment to add to the paving line item an additional $60,000 from the Powell Bill Fund Balance. Motion unanimously approved. Mayor Snipes asked Mr. Autry what time frame did he project for the completion of this project. Mr. Autry responded that as soon as the paving contractor comes into town to widen Highway 421, he anticipated this project to be completed this fall. DRAINAGE IMPROVEMENT PROJECT W. CUMBERLAND STREET JUNIPER CREEK PHASE I PROJECTED COSTS Manager Uskiewicz stated that the City did receive $135,000 commitment from the Department of Transportation. In order to complete Phase I, the City will need to add an additional $70,000 to accomplish Phase I. The total project cost for Phase I is $205,000. He recommends that the Council approve the Phase I project and take an additional $70,000 from the Powell Bill Fund Balance. 1110 Mr. Uskiewicz suggested that the Council revisit Phase H in December after the audit is completed. This will enable the Council to know the financial condition of the City. This will send a strong message to the DOT that the City is committed to this project. Mr. Uskiewicz suggested that they phase this project slowly and with caution to not delve into the fund balance. Motion by Council Member Maness, seconded by Council Member Joey Tart to proceed with Phase I Drainage Improvement Project/W. Cumberland Street5uniper Creek as well as commitment to Phase H due to the integral part of the complete plan. Motion unanimously approved. For clarification, Mayor Snipes stated that this request will be considered during the next DOT meeting. DOT Board Member Mac Campbell has conveyed that the request will be funded. Should the request be denied, the Council will revisit this issue. ADMINISTRATIVE REPORTS Motion by Council Member Joey Tart, seconded by Council Member Maness to approve the Administrative Reports. Motion unanimously approved. EXECUTIVE REPORTS Mayor Pro -tem Olds reflected to the other Council Members the positive statements and words of encouragement from the general public regarding the manner in which this Council is transacting City business. Mayor Snipes announced the production "Dial M for Murder" at the Harnett Regional Theater Mayor Snipes announced that the City in conjunction with the Chamber will be holding "A Day of Remembrance" in honor to our local military heroes and their families on Sunday, September 12, 2004 at 2:00 p.m. at the General Lee Museum. The guest speaker will be Lt. Colonel Teddy Byrd, Chairman of the Harnett County Board of Commissioners and the honored guest will be Sgt. Mason Poe, a Dunn Marine Reservist injured in Iraq. Council Member Maness invited everyone to join the local schools for "See You at the Pole" services on September 15, 2004. It is an excellent opportunity to witness the students praying for their schools. He encouraged parents of students to get involved. INFORMATION With no further business to discuss, the meeting was adjourned at 8:45 p.m. CITY O F •,, 'GOi3Pp Attest: Off'• FA L Debra G. West "+ City Clerk �� (,�F M�l