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04062000515 CITY OF DUNN DUNN, NORTH CAROLINA MINUTES THE CITY COUNCIL OF THE CITY OF DUNN HELD A REGULAR MEETING ON THURSDAY, APRIL 6, 2000 AT 7:00 P.M. IN THE DUNN MUNICIPAL BUILDING. PRESENT WAS MAYOR ABRAHAM OUDEH, MAYOR PRO -TEM MIKE WOMBLE AND COUNCILMEMBERS TOBY SUMNER, GEORGE ROBINSON, PAUL BASS, AND CAROLYN MCDOUGAL. ALSO PRESENT WAS CITY MANAGER CARL DEAN, CITY CLERK JOYCE VALLEY, CITY ATTORNEY BILLY GODWIN, PUBLIC WORKS DIRECTOR TIM HOLLOMON, CITY ENGINEER ED POWELL, LIBRARIAN DEBORAH MELVIN, CHIEF BUILDING INSPECTOR RICKY PARSON, ASSISTANT PUBLIC WORKS DIRECTOR JOE CAMPBELL AND POLICE CHIEF PAT GODWIN. COUNCILMEMBER JOEY TART ARRIVED AT 7:02 P.M. INVOCATION MAYOR OUDEH OPENED THE MEETING AT 7:00 P.M. AND ASKED ATTORNEY BILLY GODWIN TO GIVE THE INVOCATION. AFT-'RWARD, THE PLEDGE OF ALLEGIANCE WAS REPEATED. MAYOR OUDEH CLOSED THE REGULAR MEETING AND OPENED PUBLIC HEARINGS AT 7:00 P.M. PUBLIC HEARINGS REZONING REQUEST GALE TART (R -20 TO C -3) CITY MANAGER DEAN STATED THAT THE ?UBLIC HAS BEEN NOTIFIED THAT ORAL AND WRITTEN COMMENTS WOULD BE HEARD AND RECEIVED CONCERNING THE REQUEST FROM MR. GALE TART TO REZONE THE PROPERTY LOCATED AT HWY 421 EAST OF DUNN AT WARREN ROAD FROM R -20 TO C -3. TFE PROPERTY HAS A FRONTAGE OF 1810 FEET AND A DEPTH OF 400 FEET. HE ALSO STATED THAT THE PLANNING BOARD MET ON MARCH 20, 2000 AND RECOMMENDED APPROVAL OF THIS REQUEST AND THE PUBLIC HEARING WAS DULY ADVERTISED ON MARCH 23 AND MARCH 30". MAYOR OUDEH ASKED IF THERE WAS ANYONE PRESENT TO SPEAK FOR OR AGAINST THIS REQUEST. HEARING NONE, MAYOR OUDEH CLOSED THE PUBLIC HEARING IN REFERENCE TO SAME. REZONING REQUEST HOWARD LEE HERRING (R -7 TO C -1) CITY MANAGER DEAN STATED THAT MR. HERRING HAS REQUESTED TO WITHDRAW HIS REQUEST TO REZONE PROPERTY LOCATED AT 309 E. HARNETT STREET; THEREFORE, THIS PUBLIC HEARING HAS BEEN CANCELED. CODE AMENDMENT MULTI- FAMILY DWELLINGS CITY MANAGER DEAN STATED THAT THE PUBLIC HAS BEEN NOTIFIED THAT ORAL AND WRITTEN COMMENTS WOULD BE HEARD AND RECEIVED CONCERNING THE REQUEST BY THE CITY OF DUNN TO AMEND CHAPTER 22- ARTICLE IX OF THE DUNN CITY CODE BY ADDING MULTI- FAMILY DWELLINGS IN THE SINGLE FAMILY DWELLING DISTRICT. HE ALSO STATED THAT THE PLANNR G BOARD MET ON MARCH 20, 2000 AND RECOMMENDED APPROVAL OF THIS REQUEST. HE ADDED THAT THE PUBLIC HEARING WAS DULY ADVERTISED ON MARCH 23 1... AND MARCH 30 ", 2000. MAYOR OUDEH ASKED IF THERE WAS ANYONE PRESENT TO SPEAK FOR OR AGAINST THIS REQUEST. HEARING NONE, MAYOR OUDEH CLOSED THE PUBLIC HEARING IN REFERENCE TO SAME 516 CODE AMENDMENT I -10 ZONING DISTRICT CITY MANAGER DEAN STATED THAT THE PUBLIC HAS BEEN NOTIFIED THAT ORAL AND WRITTEN COMMENTS WOULD BE HEARD AND RECEIVED CONCERNING THE REQUEST BY THE CITY OF DUNN TO AMEND SECTION 22- 211(4) OF THE DUNN CITY CODE TO ALLOW FOR WOOD PRODUCTS TO BE PRODUCED IN AN I -10 DISTRICT. HE ADDED THAT THE PLANNING BOARD MET ON MARCH 20, 2000 AND RECOMMENDED APPROVAL OF THIS REQUEST AND THE PUBLIC HEARING WAS DULY ADVERTISED ON MARCH 23 AND MARCH 30" ", 2000. MAYOR OUDEH ASKED IF THERE WAS ANYONE PRESENT TO SPEAK FOR OR AGAINST THIS REQUEST. HEARING NONE, MAYOR OUDEH CLOSED THE PUBLIC HEARING IN REFERENCE TO SAME CONSENT ITEMS MAYOR OUDEH ASKED IF THERE WERE ANY CONSENT ITEMS COUNCIL WISHED TO DELETE FOR FURTHER DISCUSSION. MAYOR PRO -TEM WOMBLE STATED THAT HE WOULD LIKE TO DELETE FOR FURTHER DISCUSSION ITEM #6 - RESOLUTION -RAIL TRAIL. WITH NO FURTHER DELETIONS, THE FOLLOWING CONSENT ITEMS WERE CONSIDERED BY COUNCIL: MINUTES - COUNCIL CONSIDERED APPROVAL OF MINUTES OF THE MARCH 2, 2000 SPECIAL CALL MEETING. MINUTES - COUNCIL CONSIDERED APPROVAL OF MINUTES OF THE MARCH 8, 2000 BUDGET WORKSESSION. MINUTES - COUNCIL CONSIDERED APPROVAL OF MINUTES OF THE MARCH 23, 2000 SPECIAL CALL MEETING. BUDGET AMENDMENTS - COUNCIL CONSIDERED APPROVAL OF BUDGET AMENDMENTS #77485. (ATTACHMENT #1) TAX RELEASES /REFUNDS - COUNCIL CONSIDERED APPROVAL OF TAX RELEASES/REFUNDS #7034725. (CLERK'S NOTE: THE TAX COLLECTOR MAINTAINS TAX RELEASES/REFUNDS) MOTION BY COUNCILMEMBER MCDOUGAL, SECONDED BY COUNCILMEMBER BASS TO APPROVE ABOVE CONSENT ITEMS. MOTION UNANIMOUSLY APPROVED. RAIL TRAIL CITY MANAGER DEAN ADVISED COUNCIL THAT A RESOLUTION IN SUPPORT OF THE PROPOSED DUNN -ERWIN RAIL TRAIL, WHICH WILL UTILIZE THE RAILROAD RIGHT -OF- WAY RECENTLY ABANDONED BY ABERDEEN AND ROCKFISH RAILROAD WAS INCLUDED IN THEIR PACKETS FOR CONSIDERATION. HE ADDED THAT HARNETT COUNTY, ERWIN AND TRAVEL AND TOURISM HAVE ALL SUPPORTED THIS PROJECT. CITY MANAGER DEAN STATED THAT ABERDEEN AND ROCKFISH RAILROAD, OWNER AND OPERATOR OF THE DUNN -ERWIN RAILWAY, HAS DECIDED TO PUT THE RAIL CORRIDOR IN THE RAIL BANK WITH NORTH CAROLINA RAIL TRAILS, A LAND TRUST. MAYOR PRO -TEM WOMBLE STATED THAT HE HAS NO OPPOSITION TO THE RAIL TRAIL IN PRINCIPAL, BUT HE THINKS THERE MAY BE MORE QUESTIONS CONCERNING HOW THIS PROJECT WOULD EFFECT OUR RESIDENTIAL AND COMMERCIAL AREAS. HE ADDED THAT HE WAS CONCERNED ABOLT THE COST TO THE TOWN, THE UPKEEP OF THE PROPERTY, AND WHETHER THIS TRAIL WOULD CONTINUE TO BE SAFE FOR PEDESTRIANS. HE ALSO STATED THAT BECAUSE OF THESE QUESTIONS, HE WOULD NOT WANT TO GIVE HIS SUPPORT AT THIS TIME. COUNCILMEMBER BASS STATED THAT HIS CONCERN WAS THE COST TO THE CITY OF DUNN AS FAR AS THE UPKEEP OF THE RAIL TRAIL. CITY MANAGER DEAN STATED THAT THE COSTS WOULD PROBABLY BE APPROXIMATELY $200,000.00 A MILE AND THERE ARE ABOUT 5 MILES, WITH THE MOST COSTS COMING FROM GRANT MONEY. 517 HE STATED THAT HE WOULD TRY TO SET UP ANOTHER MEETING THIS MONTH TO DISCUSS THIS ISSUE IN MORE DETAIL. COUNCILMEMBER MCDOUGAL RECOMMENDED THAT MR. CAPEHART ATTEND THE MAY MEETING TO DISCUSS DETAILS CONCERNING THE RAIL TRAIL. MOTION BY MAYOR PRO -TEM WOMBLE SECONDED BY COUNCILMEMBER TART TO DECLINE THE RESOLUTION -RAIL TRAIL UNTIL MORE INFORMATION IS PROVIDED. MOTION UNANIMOUSLY APPROVED. REZONING REQUEST - GALE TART (R -20 TO C -3) CITY MANAGER DEAN STATED THAT A REQUEST WAS RECEIVED FROM MR. GALE TART TO REZONE PROPERTY LOCATED AT HWY 421 EAST OF DUNN AT WARREN ROAD FROM R- 20 TO C -3. HE ADDED THAT THE PROPERTY HAS A FRONTAGE OF 1810 FEET AND A DEPTH OF 400 FEET. CITY MANAGER DEAN STATED THAT THE PLANNING BOARD MET ON MARCH 20, 2000 AND RECOMMENDED APPROVAL OF THE REZONING REQUEST. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER ROBINSON TO APPROVE THE REQUEST BY GALE TART TO REZONE PROPERTY LOCATED AT HWY 421 EAST OF DUNN AT WARREN ROAD FROM R -20 TO C -3. MOTION UNANIMOUSLY APPROVED. CODE AMENDMENT - MULTI- FAMILY DWELLINGS CITY MANAGER DEAN STATED THAT A REQUEST WAS RECEIVED FROM THE CITY OF DUNN TO AMEND CHAPTER 22- ARTICLE UK, SECTION 22- 461(1) OF THE DUNN CITY CODE BY ADDING MULTI- FAMILY DWELLINGS IN THE SINGLE FAMILY DWELLING DISTRICT (R -20). HE ADDED THAT THE PLANNING BOARD MET ON MARCH 20, 2000 AND RECOMMENDED APPROVAL OF THIS REQUEST. MAYOR PRO -TEM WOMBLE STATED THAT THIS CODE AMENDMENT IS GENERATED FROM A REQUEST FOR A PROJECT THAT MR. BOBBY WELLONS IS PROPOSING AT THE END OF POWELL AVENUE. HE ADDED THAT HE SUPPORTS THAT PROJECT AND THANKED MR. WELLONS AND HIS FAMILY FOR ALL THAT THEY DO IN THE COMMUNITY. HE FURTHER STATED THAT HE HAD MET WITH THE CHAIRMAN AND ONE OF THE PLANNING BOARD MEMBERS CONCERNING THEIR RECOMMENDATION, WHICH IS BASICALLY TO ADD MULTI - FAMILY DWELLINGS INTO A RESIDENTIAL ZONING DISTRICT. MAYOR PRO -TEM WOMBLE FURTHER STATED THAT HE THOUGHT THIS WAS A SHORT TERM SOLUTION THAT WOULD ALLOW THIS PROJECT TO MOVE FORWARD; HOWEVER, HE DOES NOT THINK THAT WOULD BE THE BEST SOLUTION IN THE LONG TERM. HE ADDED THAT WHEN HE WAS ON THE PLANNING BOARD AND SOMEONE WOULD COME FORWARD TO MAKE REQUESTS FOR REZONING FOR MULTI - FAMILY, EVERYBODY WOULD PANIC. HE STATED THAT ONCE THE PLANNING BOARD AND THE COUNCIL AGREE TO REZONE PROPERTY TO MULTI - FAMILY, NO MATTER WHAT THE PERSON SAYS CAN GO THERE, COUNCIL CANNOT CONTROL WHAT ENDS UP ON THAT PROPERTY. MAYOR PRO -TEM WOMBLE SUGGESTED THAT COUNCIL TABLE THIS ISSUE, AND IN TURN, ASK THE PLANNING BOARD TO FURTHER STUDY, ADDING ANY USE IN R -M TO REQUIRE A CONDITIONAL USE PERMIT. HE ADDED THAT THIS PROPOSAL ASSURES THE COMMUNITY AND ADJOINING LAND OWNERS IRA ONCE THE REZONING IS GRANTED, THE DEVELOPER MUST BUILD WHAT THEY SAY THEY WILL BUILD. HE SUGGESTED THAT COUNCIL COME BACK AT THE MAY MEETING WITH THE CODE CHANGE, REZONING CHANGE AND ALSO THE CONDITIONAL USE APPLICATION, AND HOPEFULLY THE COMMUNITY AND THE DEVELOPER WILL GET WHAT THEY ARE ALL LOOKING FOR. COUNCILMEMBER MCDOUGAL ASKED CITY MANAGER DEAN IF THIS REQUEST CAME WITH A FAVORABLE RECOMMENDATION FROM THE PLANNING BOARD. CITY MANAGER DEAN RESPONDED YES. MAYOR PRO -TEM WOMBLE STATED THAT HE HAD TALKED WITH THE PLANNING BOARD CHAIRMAN AND ANOTHER MEMBER OF THE PLANNING BOARD AND BOTH WERE IN FAVOR OF HIS RECOMMENDATION. 518 COUNCILMEMBER MCDOUGAL ASKED MAYOR PRO -TEM WOMBLE IF HE WAS ASKING THE PLANNING BOARD TO RE -STUDY THIS ISSUE. MAYOR PRO -TEM WOMBLE RESPONDED NC, AND EXPLAINED THAT BEFORE A CODE CHANGE IS INITIATED, THE PLANNING BOARD IS REQUIRED TO HOLD A PUBLIC HEARING AND THEY ARE REQUIRED TO MAKE A RECOMMENDATION ON THAT TO COUNCIL. HE STATED THAT WITH HIS PROPOSAL, MULTI- FAMILY DWELLINGS WOULD ONLY BE ALLOWED IN MULTI - FAMILY DISTRICTS AND THERE WOULD NOT BE MULTI - FAMILY DWELLINGS ALLOWED IN R -20, AS THIS PROPOSAL STATES. HE ADDED THAT THE PURPOSE OF HIS PROPOSAL IS NOT TO RESTRICT MULTI - FAMILY DEVELOPMENTS, BUT TO GIVE COUNCIL AND THE PLANNING BOARD - _ONTROL OVER WHAT THE DEVELOPMENT LOOKS LIKE. HE ADDED THAT IF THE PROPERTY IS REZONED R -M AND IT IS REQUIRED THAT THE DEVELOPER OBTAIN A CONDITIONAL USE PERMIT, THE DEVELOPER IS BOUND TO BUILD EXACTLY WHAT THEY SAY THEY ARE GOING TO BUILD AND IF THEY DECIDE NOT TO BUILD OR CHANGE SOMETHING, THE DEVELOPER MUST COME BACK BEFORE COUNCIL. COUNCILMEMBER MCDOUGAL ASKED CITY ATTORNEY GODWIN TO EXPLAIN CONDITIONAL USES. CITY ATTORNEY GODWIN STATED THAT WHAT THE PLANNING BOARD IS PROPOSING IS TO ADD A SUBSECTION (D) UNDER R -20 TC ALLOW MULTI- FAMILY DWELLINGS AS A CONDITIONAL USE IN THE R -20 ZONING DISTRICT. HE EXPLAINED THAT IN PERMITTED USES THERE IS NO COUNCIL APPROVAL REQUIRED FOR A PROJECT; HOWEVER, IF IT IS A COND= 'ITONAL USE IT DOES HAVE TO GO BEFORE THE PLANNING BOARD AND CITY COUNCIL. CITY ATTORNEY GODWIN STATED THAT 7HE PLANNING BOARD WOULD HAVE TO RECOMMEND A CODE AMENDMENT TO REN4OVE THE R -M ZONING DISTRICT FROM A PERMITTED USE TO A CONDITIONAL USE. HE ADDED THAT IF EVERYTHING IS DOIsF_- ACCORDING TO SCHEDULE, THE CODE AMENDMENT AND REZONING COULD BE DONE BY THE MAY MEETING. MAYOR PRO -TEM WOMBLE STATED THAT TI0 PLANNING BOARD WOULD NEED TO HAVE A SPECIAL CALL MEETING TO DISCUSS THIS ISSUE IF IT IS TO COME BEFORE COUNCIL NEXT MONTH AT THE REGULAR MEETING. MAYOR PRO -TEM WOMBLE ASKED CITY ENGINEER ED POWELL TO DISCUSS SOME OF THE PLANNING ASPECTS OF OTHER COMMUNITIES. CITY ENGINEER ED POWELL STATED THAT A CONDITIONAL USE PERMIT IS SOMETHING THAT IS HAPPENING MORE FREQUENTLY IN THE LARGER MUNICIPALITIES AND IT ASSURES THAT DEVELOPMENT WILL FOLLOW THE GUIDELINES THAT ARE EXCEPTED BY BOTH THE PLANNING BOARD AND THE COUNCIL. MAYOR PRO -TEM WOMBLE ASKED IF THIS IS BREAKING NEW GROUND AS FAR AS PLANNING IS CONCERNED IN OTHER COMMUNITIES. CITY ENGINEER POWELL RESPONDED NO. MAYOR PRO -TEM WOMBLE ASKED MAYOR OUDEH IF ATTORNEY DWIGHT SNOW OR MR. WELLONS HAD ANY COMMENTS OR QUESTIONS ABOUT THE PROPOSAL. DWIGHT SNOW, ATTORNEY REPRESENTING ROBERT WELLONS OF WELLONS REALTY, STATED THAT MR. WELLONS CAME BEFORE THE PLANNING BOARD IN OCTOBER, 1999 AND HAS DONE EVERYTHING THAT THE PLANNING BOARD HAS ASKED HIM TO DO. HE ADDED THAT THEY WANTED TO WORK WITH COUNCIL AND THE CITIZENS IN THE DEVELOPMENT OF THE CITY, AND HE URGED COUNCIL TO PUSH THIS ISSUE DUE TO THE 1 TIME FACTOR INVOLVED. HE ADDED THAT MR. WELLONS HAS A WAITING LIST AND A LOT OF ELDERLY PEOPLE ARE LOOKING FOR THIS NEW DEVELOPMENT MAYOR PRO -TEM WOMBLE STATED THAT HE WOULD DO EVERYTHING IN HIS POWER AS AN INDIVIDUAL TO EXPEDITE THIS PROJECT HE ADDED THAT PERSONALLY, HE THINKS IT IS AN EXCELLENT PROJECT. 519 ATTORNEY SNOW STATED THAT HE REALIZED THAT COUNCIL MUST GO THROUGH CERTAIN PROCEDURES AND THAT THEY ONLY MEET ONCE A MONTH. HE ADDED THAT THE R -20 IS GOING TO HAVE TO BE REZONED TO R -M AND THEN MUST MEET THE CONDITIONAL USE CRITERIA IF THE ORDINANCE IS AMENDED. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER. ROBINSON TO TABLE THE REQUESTED AMENDMENT- M".JLTI- FAMILY DWELLINGS TO ADD R -M AS A CONDITIONAL USE TO A FUTURE MEETING. MOTION UNANIMOUSLY APPROVED. MAYOR PRO -TEM WOMBLE STATED THAT HE WOULD LIKE TO ADD A SECOND MOTION TO FACILITATE EXPEDITION OF THIS ISSUE. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER MCDOUGAL TO ASK THE PLANNING BOARD TO MEET AT ITS EARLIEST OPPORTUNITY TO CONSIDER REMOVING THE PERMITTED USES IN THE ZONING DISTRICT R -M IN THE ENTIRETY AND ADDING THOSE SAME ITEMS TO THE CONDITIONAL USES ALLOWED IN THE R -M ZONING DISTRICT IN THEIR ENTIRETY FOR COUNCIL CONSIDERATION AT THE MAY MEETING. MOTION UNANIMOUSLY APPROVED. CODE AMENDMENT - I -10 ZONING DISTRICT CITY MANAGER DEAN STATED THAT A REQUEST WAS RECEIVED FROM THE CITY OF DUNN TO AMEND SECTION 22- 211(4) OF THE DUNN CITY CODE TO ALLOW WOOD PRODUCTS TO BE PRODUCED IN AN I -10 ZONING DISTRICT. HE ADDED THAT THE PLANNING BOARD MET ON MARCH 20, 2000 AND RECOMMENDED APPROVAL OF THE REQUEST WHICH IS CONCERNING THE MANUFACTURING, PACKAGING AND ASSEMBLY OF WOOD PRODUCTS AND WOULD ALLOW FURNITURE TYPE OPERATIONS TO BE ABLE TO BE LOCATED IN THE I -10 DISTRICT. MOTION BY COUNCILMEMBER TART, SECONDED BY COUNCILMEMBER SUMNER TO APPROVE THE CODE AMENDMENT TO ALLOW WOOD PRODUCTS TO BE PRODUCED IN AN I -10 DISTRICT. MOTION UNANIMOUSLY APPROVED. (ATTACHMENT #3) BANKING SERVICES CITY MANAGER DEAN STATED THAT COUNCIL HAS IN THEIR PACKETS A REQUEST FOR PROPOSAL FOR BANKING SERVICES THAT WAS DISTRIBUTED FEBRUARY 18, 2000. HE ADDED THAT THE CITY RECEIVED RESPONSES FROM CENTURA BANK, BB &T, CCB AND FIRST CITIZENS BANK. (ATTACHMENT #2) HE RECOMMENDED THAT PREFERRED INTEREST CHECKING BE AWARDED TO CENTURA BANK WHICH REQUIRES NO SERVICE CHARGES AND NO COMPENSATED BALANCES WITH ALL SERVICES BEING PROVIDED, INCLUDING CHECKS. HE ADDED THAT CENTURA ALSO PROVIDES ACH SOFTWARE AND CD ROM CHECK SERVICES AT NO COST. CITY MANAGER DEAN STATED THAT BILL SCOTT AND LENORA SMITHWICK WERE PRESENT TO ANSWER ANY QUESTIONS THAT COUNCIL MAY HAVE. HE FURTHER STATED THAT IF THIS CHANGE IS APPROVED, IT WOULD BE EFFECTIVE JULY 1, 2000. MR. BILL SCOTT STATED THAT THE BID WAS PRESENTED TO PROVIDE THE CITY OF DUNN WITH THE BEST SERVICE CENTURA COULD PROVIDE WITH THE LEAST COST. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER BASS TO ACCEPT CENTURA'S REVISED OPTION 1 PROPOSAL, WHICH IS THE RECOMMENDATION OF THE CITY MANAGER, AND IS THE PREFERRED PUBLIC INTEREST CHECKING. MOTION UNANIMOUSLY APPROVED. OFFICE OF JUVENILE JUSTICE - GRANT CITY MANGER DEAN STATED THAT THE CITY HAS BEEN AWARDED A GRANT IN THE AMOUNT OF $33,321.00 FROM THE OFFICE OF JUVENILE JUSTICE. HE FURTHER STATED THAT THE JCPC PROPOSED GRANT MONEY WILL BE USED FOR THE PAL PROGRAM TO EQUIP OUR YOUNG PEOPLE IN EDUCATION AND DISCIPLINE. HE ADDED THAT THIS IS A 100% GRANT THAT WILL GO TOWARD ACTIVITIES IN THE PAL PROGRAM. HE STATED THAT OFFICER RODNEY ROWLAND IS PRESENT TO ANSWER ANY QUESTIONS. COUNCILMEMBER MCDOUGAL ASKED OFFICER ROWLAND WHAT KIND OF EDUCATION PROGRAMS HAVE BEEN IMPLEMENTED. OFFICER ROWLAND STATED THAT THEY ARE LOOKING AT STARTING A CHARACTER COUNTS EDUCATION PROGRAM. HE FURTHER STATED THAT IT IS SPONSORED THROUGH THE NATIONAL POLICE ATHLETIC LEAGUE AND IT GOES FROM AGES 6 TO HIGH SCHOOL AGE AND THEY HOPE TO EXPAND TO 5 COMPUTERS IN THE PAL PROGRAM. 520 COUNCILMEMBER ROBINSON ASKED OFFICER ROWLAND HOW MANY CHILDREN WERE CURRENTLY ENROLLED IN THE PROGRAM. OFFICER ROWLAND RESPONDED 120 MEMBERS. MAYOR PRO -TEM WOMBLE ASKED OFFICER ROWLAND IF HE REQUESTED SPECIFIC ITEMS WHEN APPLYING FOR THE GRANT. OFFICER ROWLAND RESPONDED YES. COUNCILMEMBER TART ASKED IF THESE WERE NEW PROGRAMS IN THE POLICE J ATHLETIC LEAGUE. OFFICER ROWLAND RESPONDED THAT THESE PROGRAMS WERE NEW FOR THIS AREA. HE ADDED THAT FAYETTEVILLE HAS JUST BEGUN THEIR BOXING PROGRAM AND BURLINGTON HAS HELD A JUNIOR POLICE ACADEMY FOR SIX YEARS. COUNCILMEMBER TART ASKED OFFICER ROWLAND IF HE KNEW SOMEONE THAT HAD PARTICIPATED IN THE CHARACTER COUNTS SELF ESTEEM PROGRAM. OFFICER ROWLAND RESPONDED THAT THE CLOSEST ONE IS PETERSBURG POLICE ATHLETIC LEAGUE WHICH HAS BEEN OPERATING FOR 3 YEARS WITH GOOD SUCCESS AND THERE ARE SEVERAL SCHOOLS IN NORTH CAROLINA THAT USE THIS PROGRAM AS WELL. COUNCILMEMBER TART ASKED OFFICER ROWLAND IF HE HAD THE PERSONNEL TO PUT THESE EXTRA PROGRAMS INTO PLACE. OFFICER ROWLAND RESPONDED THAT THEY HAD ADDED FOUR ADDITIONAL VOLUNTEERS RECENTLY, AND WITH THESE OTHER PROGRAMS THEY COULD BE ADDING MORE VOLUNTEERS. MAYOR OUDEH ASKED IF THERE WERE ANY FURTHER QUESTIONS OR DISCUSSION MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER ROBINSON TO ACCEPT THE GRANT IN THE AMOUNT OF 533,321.00 FROM THE OFFICE OF JUVENILE JUSTICE. MOTION UNANIMOUSLY APPROVED. HOME PROGRAM - JOHNNY CHAVIS CITY MANAGER DEAN STATED THAT A REQUEST WAS RECEIVED FROM MR. AND MRS. JOHNNY CHAVIS TO RECEIVE ASSISTANCE IN OBTAINING A LOAN TO CONSOLIDATE SOME BILLS. CITY MANAGER DEAN ADVISED COUNCIL THAT MR. CHAVIS' AUNT, MS. THEATUS MCDOWELL, HAD HER HOME RENOVATED DURING THE HOME PROGRAM AND THERE WOULD BE $7,660.00 LEFT ON THE BALANCE OF THE LOAN. HE ADDED THAT WHEN THE HOME PROGRAM WAS SET UP, THE HOMEOWNER HAD TO SIGN A PROMISSORY NOTE THAT STATED THAT AT ANYTIME WITHIN A TEN YEAR PERIOD, IF THE HOME WAS SOLD OR DISPOSED OF, THE HOMEOWNER WOULD BE REQUIRED TO PAY THE CITY BACK A PRORATED PORTION OF WHATEVER WAS SPENT ON THE HOME. CITY MANAGER DEAN ADDED THAT HE RECOMMENDED THAT MR. CHAVIS BE ALLOWED TO REPAY THE OUTSTANDING BALANCE OF THE LOAN BACK TO THE CITY AND RELEASE ANY TIES THAT THE CITY HAS ON THE PROPERTY. COUNCILMEMBER MCDOUGAL ASKED CITY MANAGER DEAN HOW HE GOT A BALANCE OF $7,660.00. CITY MANAGER DEAN RESPONDED THAT THE DEFERRED LOAN AMOUNT OF $19,150.00 WAS DIVIDED BY 10. CITY ATTORNEY BILLY GODWIN ASKED HOW LONG THAT FIGURE WAS VALID FOR AND IF THERE IS A PER DIEM. CITY MANAGER DEAN RESPONDED THAT THE BALANCE GOES DOWN EACH MARCH. COUNCILMEMBER BASS ASKED IF MS. MCDOWELL IS DECEASED AND JOHNNY CHAVIS HAS INHERITED THIS PROPERTY. CITY MANAGER DEAN RESPONDED YES. MAYOR OUDEH ASKED IF THERE WAS ANY MORE DISCUSSION. 6941 MOTION BY COUNCILMEMBER ROBINSON, SECONDED BY COUNCILMEMBER MCDOUGAL TO ACCEPT THE RECOMMENDATION THAT THE LOAN NOT BE SUBORDINATED, AND ALLOW MR. CHAVIS TO REPAY THE OUTSTANDING BALANCE OF $7,660.00 ON THE LOAN. MOTION UNANIMOUSLY APPROVE D. CONTRACT AMENDMENT - REPUBLIC WASTE CITY MANAGER DEAN STATED THAT MR.13RENT KIRCHOFF ADDRESSED COUNCIL AT THE MARCH 2, 2000 MEETING CONCERNING TEE REQUEST BY REPUBLIC WASTE TO AMEND THEIR CONTRACT TO ALLOW REPUBLIC WASTE TO CONTRACT DIRECTLY WITH COMMERCIAL CUSTOMERS. HE ADDED THAT THE CONTRACT WILL RUN OUT THE END OF JUNE. HE STATED THAT HE WOULD LIKE TO MAKE A RECOMMENDATION THAT THE CITY PROCEED WITH BIDDING OUT COMMERCIAL AND RESIDENTIAL GARBAGE; AND TO HAVE A COMMITTEE SET UP BY COUNCIL TO REVIEW BIDS FOR JULY RENEWAL. COUNCILMEMBER MCDOUGAL ASKED IF THIS WOULD EFFECT THE COST TO THE RESIDENTIAL CUSTOMERS. CITY MANGER DEAN RESPONDED THAT IT WOULD NOT EFFECT ANY RATE'S OR SERVICE UNTIL JULY 1. MAYOR OUDEH ASKED HOW OFTEN THE CITY BIDS FOR GARBAGE SERVICE. CITY MANAGER DEAN RESPONDED THAT NORMALLY THE CONTRACT IS FOR A TWELVE MONTH PERIOD. MAYOR OUDEH STATED THAT HE WAS CONCERNED ABOUT PROTECTING THE PUBLIC FROM SOMEONE TRYING TO IMPOSE ON THEM. HE ASKED IF THE CONTRACT COULD BE REVIEWED EVERY SIX MONTHS. PUBLIC WORKS DIRECTOR TIM HOLLOMON STATED THAT THE CITY CAN REQUEST A PROPOSAL FOR A 3 -YEAR CONTRACT PERIOD. HE ADDED THAT A LOT OF TIMES, YOU GET LOCKED INTO A BETTER PRICE IF YOU GET THE 3 -YEAR CONTRACT. COUNCILMEMBER TART ASKED HOW WOULD THE CITY TERMINATE A CONTRACT. PUBLIC WORKS DIRECTOR HOLLOMON STATED THAT IF THE CONTRACTORS ARE NOT PROVIDING THE SERVICE OR IF THERE ARE TOO MANY COMPLAINTS, THE CITY WOULD NEED TO GIVE A 30 OR 60 DAY NOTICE THAT IT WISHES TO DISCONTINUE THE CONTRACT. CITY MANAGER DEAN STATED THAT HE - HOUGHT IT WAS IMPORTANT THAT AT LEAST TWO COUNCILMEMBERS BE APPOINTED TO REVIEW THE INFORMATION AND BRING BACK THEIR RECOMMENDATION TO THE MAY MEETING. MAYOR OUDEH APPOINTED COUNCILMIEMBER TOBY SUMNER, MAYOR PRO -TEM WOMBLE AND COUNCILMEMBER CAROLYN MCDOUGAL TO SERVE ON THE COMMITTEE. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER SUMNER THAT COUNCIL SOLICIT BIDS FOR RESIDENTIAL AND COMMERCIAL GARBAGE SERVICE SEPARATELY WITH RIGHTS FOR REFUSAL, AND THAT COUNCIL REQUEST A PRICE QUOTE ON SINGLE YEAR AND MULTI -YEAR CONTRACTS. MOTION UNANIMOUSLY APPROVED. E. GRANVILLE STREET - RAILROAD AVENUE PUBLIC WORKS DIRECTOR TIM HOLLOMON STATED THAT HE DID GET SOME PRICE QUOTES ON THE DITCH TILE WORK BUT NOT ON THE ACTUAL PAVING. HE ADDED THAT THERE ARE THREE DIFFERENT WAYS TO FILL IN THE DITCH ON EAST GRANVILLE STREET. HE STATED THAT THERE IS APPROXIMATELY 600 FEET OF DITCH A14D THEY ARE LOOKING AT EITHER ONE 60 INCH TILE OR TWO 48 INCH TILES. HE FURTHER STATED THAT THEY CAN USE CONCRETE DITCH TILE, CORRUGATED PLASTIC, OR ALUMINIZED PIPING WITH AN APPROXIMATE COST OF BETWEEN $35,000.00 - $50,000.00 AT COMPLETION. HE ADDED THAT HE HAD NOT RECEIVED A FIGURE ON REMOVING THE TREES AND DEBRIS, BUT WAS CONSIDERING GOING WITH RIF -RAF AND LEAVING THE DITCH OPEN WITH BIG WHITE BOULDER ROCKS. HE INFORMED COUNCIL THAT THIS COST WAS STRICTLY MATERIALS, AND IT DID NOT INCLUDE THE TOWN'S LABOR. COUNCILMEMBER MCDOUGAL ASKED MR. HOLLOMON IF HE COULD PROVIDE THOSE FIGURES BY THE NEXT MEETING. MR. HOLLOMON RESPONDED YES 522 MAYOR PRO -TEM WOMBLE ASKED COUNCILMEMBER MCDOUGAL IF SHE COULD RIDE OUT TO LOOK AT THE PROJECT. COUNCILMEMBER MCDOUGAL RESPONDED YES. UTILITY POLICY CITY MANAGER DEAN STATED THAT PUBLIC WORKS DIRECTOR TIM HOLLOMON, ACCOUNTING SUPERVISOR PATTY PAGE, AND FINANCE DIRECTOR RENEE' DAUGHTRY HAD SUBMITTED A UTILITY PROPOSAL FOR COUNCIL CONSIDERATION. HE YIELDED TO ACCOUNTING SUPERVISOR PATTY PAGE TO ANSWER QUESTIONS BY COUNCIL. MS. PAGE STATED THAT CURRENTLY, SECOND NOTICES ARE MAILED TO CUSTOMERS ON THE 20 OF THE MONTH. SHE ADDED THAT SHE HAD CHECKED WITH SURROUNDING TOWNS AND ONLY FOUND ONE THAT ACTUALLY SENDS THE SECOND NOTICES. SHE FURTHER STATED THAT THE CITY IS PROPOSING NOT TO MAIL SECOND NOTICES BECAUSE THE POSTAGE ON MAILING WAS ABOUT $120.00 PLUS THE COST OF NOTICES AND THE TIME INVOLVED IN SENDING THEM OUT. MS. PAGE STATED THAT CURRENTLY, PAYMENTS ARE TAKEN FROM THE NIGHT DEPOSIT BOX THE MORNING OF CUT -OFF AND THE CUSTOMERS ACCOUNTS ARE CREDITED FOR PAYMENT. SHE ADDED THEY ARE PROPOSING TO ACCEPT THOSE PAYMENTS THROUGH 5:00 P.M., THE DAY BEFORE CUT -OFF AND IF THEY ARE NOT PAID BY THAT TIME, THEY WOULD BE AUTOMATICALLY CUT OFF. SHE ADDED THAT CURRENTLY THE CITY IS CHARGING $20.00 FOR RECONNECTION FEE AND PROPOSING TO GO UP TO $25.00; ALSO A $20.00 TAMPERING FEE IS CHARGED IF A LOCK IS REMOVED FROM THE METER DUE TO CUT -OFF, AND THEY ARE PROPOSING TO GO UP TO $50.00 AND FILE A POLICE REPORT. MAYOR PRO -TEM WOMBLE ASKED MS. PAGE WHAT THE FINANCE DEPARTMENT WAS DOING TO PROMOTE THE BANK DRAFT OPTION. MS. PAGE RESPONDED THAT IF THE CUSTOMER IS CUT -OFF FOR NON - PAYMENT, THE CUSTOMER IS ASKED IF THEY WANT TO USE DRAFT. COUNCILMEMBER MCDOUGAL STATED THAT SHE HAD A PROBLEM WITH THIS POLICY IN THAT PEOPLE HAVE HARDSHIPS AND WITH THE NEW POLICY IT WOULD BE 24 HOURS BEFORE CUSTOMERS COULD GET WATER. PUBLIC WORKS DIRECTOR HOLLOMON STATED THAT IT COULD POSSIBLY BE 24 HOURS. FIE ADDED THAT IF A CUSTOMER COMES IN BEFORE 4:00 P.M. AND PUBLIC WORKS CAN GET THE WATER TURNED ON BY 5:00 THEY WILL, AND IF NOT, IT WOULD BE THE NEXT MORNING. COUNCILMEMBER MCDOUGAL STATED THAT SOMEONE COULD BE SICK OR IN THE HOSPITAL. MAYOR PRO -TEM WOMBLE ASKED WHAT THE CURRENT POLICY IS IF SOMEONE DOES CALL THE OFFICE WITH A HARDSHIP AND STATES THAT THEY CANNOT PAY RIGHT NOW. MS. PAGE STATED THAT CUSTOMERS ARE ALLOWED ONE EXTENSION PER YEAR AND IF THEY ARE IN THE HOSPITAL, SOMEONE ELSE CAN COME IN AND SIGN THE EXTENSION FOR THEM. CITY MANAGER DEAN ASKED HOW MANY CUSTOMERS ON THE LIST EACH MONTH ARE HABITUAL. MS. PAGE RESPONDED PROBABLY 90 TO 120 CUSTOMERS. (� ,s% MAYOR PRO -TEM WOMBLE ASKED WHAT WAS THE DEPOSIT AMOUNT REQUIRED. MS. PAGE RESPONDED $100.00 FOR RENTERS AND $50.00 FOR OWNERS MAYOR PRO -TEM WOMBLE ASKED IF THEY COULD INCREASE THE DEPOSIT AMOUNT TO COVER THE FEES. MS. PAGE STATED WITH THE RECONNECT CHARGES, LATE CHARGES AND PAST DUE ACCOUNTS TFIE $100 FEE WOULD NOT COVER THE AMOUNT OF THE BILL. 523 COUNCILMEMBER TART STATED THAT HE HAS SIX BUILDINGS IN A ROW, AND HE HAS $600.00 IN DEPOSITS. HE ADDED IF HE MISSES ONE OF THOSE BILLS AND HIS WATER IS TURNED OFF, HE DOES NOT THINK HE HAS BEEN TREATED FAIRLY. MAYOR PRO -TEM WOMBLE SUGGESTED T_-IAT COUNCIL APPROVE THIS PROPOSAL AS IT IS AND HAVE THE FINANCE DEPARTMENT TO COME UP WITH SOME POLICIES, WAIVERS OR SOME EXCEPTIONS TO THE RULE SO THAT EVERYBODY CAN BE TREATED ADEQUATELY. COUNCILMEMBER BASS STATED HE DISAGREED; HE DID NOT THINK THERE SHOULD BE WAIVERS ADDED TO THE POLICY. AFTER DISCUSSION, MOTION BY MP-YOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER SUMNER, TO APPROVE "HE UTILITY PROPOSAL AS PRESENTED, AND IF IT DOES BECOME PROBLEMATIC IN CERTAIN AREAS, BRING BACK BEFORE COUNCIL TO DISCUSS AND WORK OUT. PUBLIC WORKS DIRECTOR HOLLOMON STATED THAT THIS IS A POLICY AND SUGGESTED THAT IT BE USED FOR AT LEAST TWO MONTHS AND REVIEWED AGAIN TO SEE IF IT IS ALLEVIATING CUT -OFF PROBLEMS. WITH NO FURTHER DISCUSSION, MOTION CARRIED 5 -1. AYES: WOMBLE TART ROBINSON SUMNER BASS NOES: MCDOUGAL CLOSING POPE STREET - ST. JOHN'S TERRACE CITY MANAGER DEAN STATED THAT OVER THE LAST YEAR, THE POLICE DEPARTMENT HAS BEEN CLOSELY MONITORING ACTIVITY AT ST. JOHN'S TERRACE IN ORDER TO CORRECT PROBLEMS BEING CREATED IN THE COMMUNITY. HE ADDED THAT IT IS THE RECOMMENDATION OF THE POLICE DEPARTMENT, AND ONE THAT HE AGREED WITH, THAT COUNCIL LOOK AT CLOSING POPE STREET AT ST. JOHN'S TERRACE TO ELIMINATE THROUGH TRAFFIC IN THIS NEIGHBORHOOD. MR. JOHN WALLACE TEW STATED THAT HE HAD A PETITION WITH APPROXIMATELY 95% OF THE CITIZENS IN THE AREA NOT TO CLOSE POPE STREET. HE DISTRIBUTED THE PETITION TO COUNCIL TO REVIEW. CITY MANAGER DEAN STATED THAT IF COUNCIL DOES WISH TO GO FORWARD WITH THIS, IT MUST FIRST GO THROUGH A PUBLIC HEARING PROCESS. COUNCILMEMBER BASS STATED THIS WAS PART OF HIS DISTRICT AND HE IS AWARE OF THE DRUG PROBLEM IN THIS NEIGHBORHOOD BUT THE PEOPLE THAT HAVE LIVED IN THE COMMUNITY FOR SEVERAL YEARS DO NOT WANT THE STREET CLOSED. HE ADDED THAT CLOSING POPE STREET IS NOT GOING TO STOP THE DRUG PROBLEM. COUNCILMEMBER ROBINSON STATED IF AN OFFICER WAS PUT AT ST. JOHN'S TERRACE TO SHOW A PRESENCE, THAT MIGHT WOULD HELP THE DRUG PROBLEM. HE ADDED HE COULD NOT SEE HOW BLOCKING THE STREET WOULD HELP. COUNCILMEMBER MCDOUGAL STATED TEAT SHE HAD MANAGED THAT SAME PROPERTY BEFORE AND SHE DID NOT HAVE THESE TYPES OF PROBLEMS. SHE STATED THAT SHE THOUGHT A LOT OF THE PROBLEMS WERE DUE TO MANAGEMENT AT ST. JOHN'S TERRACE. MOTION BY MAYOR PRO -TEM WOMBLE, SECONDED BY COUNCILMEMBER ROBINSON TO REJECT THE PROPOSAL BY THE CITY TO CLOSE POPE STREET. MOTION UNANIMOUSLY APPROVED. MAYOR PRO -TEM WOMBLE SUGGESTED THAT THE POLICE DEPARTMENT SPEND MORE TIME AT ST. JOHN'S TERRACE TO TRY TO ALLEVIATE THE PROBLEM. INFORMATION MAYOR OUDEH ADVISED COUNCIL THAT ADMINISTRATIVE REPORTS WERE IN THEIR AGENDA PACKETS FOR REVIEW. 524 COUNCILMEMBER MCDOUGAL ASKED IF THE COMMITTEE HAD BEEN FORMED IN REFERENCE TO MAYOR OUDEH'S SALARY. MAYOR OUDEH RESPONDED THAT HE WAS XOT SURE, BUT THAT HE WOULD TALK TO REV. KING WHITE TO FIND OUT. COUNCILMEMBER MCDOUGAL ASKED IF THE KITCHEN AT THE PAL BUILDING WAS USABLE, CITY MANAGER DEAN RESPONDED THAT THE CAFETERIA WAS USABLE BUT THE KITCHEN WAS NOT. COUNCILMEMBER MCDOUGAL ASKED WHAT WOULD HAPPEN TO THE SPACE WHERE THE LIBRARY IS, ONCE THE ORIGINAL LIBRARY IS REOPENED. CITY MANAGER DEAN STATED THAT THE SPACE WOULD BE AVAILABLE. CITY MANAGER DEAN STATED THAT THERE WOULD BE A OPEN HOUSE AT CITY HALL ON APRIL 27, 2000 FROM 5:00 P.M. TO 7:00 P.M. HE ADDED THAT THE MAYOR'S PRAYER BREAKFAST WOULD BE HELD MAY 4, 2000 AT 7:30 A.M. AT GOSPEL TABERNACLE CHURCH AND THE LEADERS OF TOMORROW PROGRAM WILL BE HELD THE SAME DAY. HE FURTHER STATED THAT THE CENSUS HAD A 56% RETURN ON THE INITIAL RESPONSE, AND ADDED THAT WAS ABOUT AVERAGE. CITY MANAGER DEAN STATED THAT THE CARPET SHOULD BE PUT DOWN NEXT WEEK IN THE LIBRARY. WITH NO FURTHER DISCUSSION, THE FOLLOWING BURIAL RIGHTS WERE EXECUTED 1. MS. GLADYS RAGLAND & HER HEIRS, LOT 8, BLOCK 7, SPACE(S) 5 -8 IN RESTHAVEN CEMETERY. 2. MS. JOANN JOHNSON & HER HEIRS, LOT 28, BLOCK 15, SPACE(S) 7 -8 IN RESTHAVEN CEMETERY. 3. KIMBERLY HARDISON & HER HEIRS, LOT 3, BLOCK A, SPACE(S) 1 -4 IN MEMORIAL CEMETERY. 4. MR. JAMES SMITH & HIS HEIRS, LOT 28, BLOCK 2, SPACE(S) 8 IN RESTHAVEN CEMETERY. 5. MS. MAE PEARL BLUE & HER HERS, LOT 46, BLOCK 13, SPACE(S) 5 -8 IN RESTHAVEN CEMETERY. MAYOR OUDEH ADJOURNED THE REGULAR MEETING AT 8:37 P.M. ATTEST: J ft LEY CMC .�` 4 a lp ° � °~'�`• I t 8EfO. �a T co