0511201036
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Tuesday, May 11, 2010, at 7:00 p.m.
in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tern N. Carnell
Robinson, Council Members Buddy Maness, Bryan Galbreath, Billy Tart, Chuck Turnage and Joey
Tart. Also present was City Manager Ronnie Autry, Finance Director Mark Stephens, Public Works
Director Billy Addison, Public Utilities Director Dean Gaster, Police Captain Jimmy Pope, Planning
Director Steven Neuschafer, Chief Building Inspector Mike Blackmon, Recreation Director Perry
Hudson, City Engineer Ed Powell, City Attorney P. Tilghman Pope, City Clerk Debra West, and
Daily Record Reporter Brian Haney.
INVOCATION
Mayor Harris opened the meeting at 7:00 p.m. and asked Police Chaplain Reverend Roy Johnson to give
the invocation. Afterwards, the Pledge of Allegiance was repeated.
AGENDA ADJUSTMENT AND APPROVAL
Motion by Mayor Pro Tern Robinson and seconded by Council Member Galbreath to adopt the May 11,
2010 meeting agenda with changes, if any, as listed below.
Items Added to the Agenda:
• Consideration of a Resolution Authorizing the Filing of an Application for a USDA Loan —
Downtown Revitalization Project
Agenda Items Removed:
• none
Motion unanimously approved.
PRESENTATIONS
Certificate of Achievement for Excellence in
Financial Reporting — Finance Department
Mayor Harris, Mayor Pro Tern Robinson and City Manager Autry presented a Certificate of Achievement
� for Excellence in Financial Reporting Award to Finance Director Mark Stephens and the staff of the
Finance Department, in recognition of achieving the highest standard in government accounting and
financial reporting, for the fiscal year ended June 30, 2009.
Tyler D. Bray
NCDOT Transportation Engineer
Harnett County Comprehensive
Transportation Plan
Mr. Scott Walston representing Mr. Tyler D. Bray, presented the draft final Comprehensive Transportation
Plan (CTP) to the Council along with maps for endorsement by the Council.
As background information, Mr. Bray appeared before the Council on October 14, 2008 and July 14, 2009
and explained that he anticipated the CTP to be complete in late 2009, at which time Dunn will be asked to
adopt the plan.
This CTP will encompass all transportation deficiencies that will exist over the next 30 years and
recommendations will be made on how to handle all those transportation deficiencies. The CTP includes
highway, bicycle, pedestrian, rail and public transportation.
Mr. Walston explained that from this point, the next step will be to hold drop -in sessions during mid -June
to present this information to the public.
PUBLIC COMMENT PERIOD
( Mayor Harris opened the floor for a (30) minute public comment period.
/ Hearing no comments, the public comment period was closed.
Mayor Harris opened public hearings at 7:16 p.m.
PUBLIC HEARINGS
Conditional Zoning Request CZ -02 -10
John & Lynette Mercer
PIN #1516 -56- 8549.000
100 E. Divine Street
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Mayor Harris stated that the public has been notified that oral and written comments will be heard and
received concerning the request by John & Lynette Mercer for a conditional zoning district for a parcel of
land, totaling .41 acres + / -, located at 100 E. Divine Street.
This property is currently zoned O & I; Office & Institutional District and is requested to be rezoned to
C -3; (CZD); Highway Commercial Conditional Zoning District, to allow for the following uses: restaurant,
retail, office and residential.
The public hearing was duly advertised on April 20" & April 27 2010.
Mayor Harris asked if there was anyone present to speak for or against this conditional zoning request
Mr. John Mercer, 306 N. McKay Ave., Dunn, NC stepped forward and entertained questions from the
Council. None were heard.
Hearing no further comments, Mayor Harris closed the public hearing. )
Conditional Zoning Request CZ -03 -10
Leslie Whitaker
PIN #1516 -39- 2496.000
1004 W. Broad Street
Mayor Harris stated that the public has been notified that oral and written comments will be heard and
received concerning the request by Leslie Whitaker for a conditional zoning district for a parcel of land,
totaling .21 acres + / -, located at 1004 W. Broad Street.
This property is currently zoned O & I; Office & Institutional District and is requested to be rezoned to
C -3; (CZD); Highway Commercial Conditional Zoning District, to allow for general indoor retail sales and
continued operation of the adult day care facility.
The public hearing was duly advertised on April 20" & April 27 " 2010.
Mayor Harris asked if there was anyone present to speak for or against this conditional zoning request
Hearing no comments, Mayor Harris closed the public hearing.
Conditional Use Permit CU -02 -10
Kalim & Annie Hasan
PIN #1527 -61- 1222.000
427 Jonesboro Road
* *Attorney Pope recommended that the Council deviate from the printed agenda and wait until after the
arrival of Council Member Billy Tart before hearing sworn testimony for Conditional Use Permit CU-
02-10. Council consensus was to waitfor the arrival of Council Member Billy Tart.
CONSENTITEMS
Minutes — Council considered approval of minutes of the April 13, 2010 Council meeting.
Tax Releases/Refunds — Council considered approval of Tax Releases/Refunds #283 - 0290. Copies of Tax
Releases /Refunds are filed in the office of the Tax Collector.
Capital Project Ordinance Budget Amendment — Council considered approval of 2009 Wastewater System
Improvements Capital Project Ordinance Budget Amendment. A copy of 2009 Wastewater System
Improvements Capital Project Ordinance Budget Amendment is incorporated into these minutes as
Attachment #1.
Budget Amendments — Council considered approval of Budget Amendment #11, #12 & #13 for FY 2009-
2010. A copy of BA #11, 12 & 13 is incorporated into these minutes as Attachment #2.
Motion by Council Member Joey Tart and seconded by Council Member Galbreath to approve all consent
items. Motion unanimously approved.
ITEMS FOR DECISION
Conditional Zoning Request CZ -02 -10
John & Lynette Mercer
PIN #1516 -56- 8549.000
100 E. Divine Street
The public has been notified that oral and written comments will be heard and received concerning the
request by John & Lynette Mercer for a conditional zoning district for a parcel of land, totaling .41 acres
+ / -, located at 100 E. Divine Street.
This property is currently zoned O & I; Office & Institutional District and is requested to be rezoned to
C -3; (CZD); Highway Commercial Conditional Zoning District, to allow for the following uses: restaurant,
retail, office and residential.
IN
The Plannin Board met on April 27, 2010, to review the request and ask for comments from the public.
After hearing comments from the public and the request from the applicant, the Planning Board
recommended unanimously to approve this request.
Motion by Council Member Galbreath and seconded by Council Member Maness to approve the request
from John & Lynette Mercer for a conditional zoning district for a parcel of land (PIN #1516 -56- 8549.000)
totaling .41± acres and located at 100 E. Divine Street from O & I; Office & Institutional District to C -3
(CZD); Highway Commercial Conditional Zoning District based on the following justification:
1) The City of Dunn Land Use Plan identifies this parcel as office use on the future land use map.
This property is located in area three of the Land Use Plan.
2) The amendment is not inconsistent with the surrounding land uses which are commercial and
office.
3) The permitted uses the applicant provided in the C -3 (CZD) District are suitable and they are not
considered detrimental to the area and would be beneficial to the entire community.
Motion unanimously approved.
Conditional Zoning Request CZ -03 -10
Leslie Whitaker
PIN #1516 -39- 2496.000
1004 W. Broad Street
The public has been notified that oral and written comments will be heard and received concerning the
request by Leslie Whitaker for a conditional zoning district for a parcel of land, totaling .21 acres
located at 1004 W. Broad Street.
This property is currently zoned O & I; Office & Institutional District and is requested to be rezoned to
C -3; (CZD); Highway Commercial Conditional Zoning District, to allow for general indoor retail sales and
continued operation of the adult day care facility.
The Planning Board met on April 27, 2010, to review the request and ask for comments from the public.
After hearing comments from the public and the request from the applicant, the Planning Board
recommended to approve this request. The motion was passed with 4 votes in favor and 1 vote against.
Planner Neuschafer explained that the applicant has agreed to remove the following uses from the
requested conditional uses: auto part sales (new), appliance sales only (no repair), and vending companies.
Motion by Council Member Turnage and seconded by Council Member Joey Tart to approve the request
from Leslie Whitaker for a conditional zoning district for a parcel of land (PIN #1516 -39- 2496.000)
totaling .21± acres and located at 1004 W. Broad Street from O & I; Office & Institutional District to C -3
(CZD); Highway Commercial Conditional Zoning District based on the following justification:
1) The City of Dunn Land Use Plan identifies this parcel as office use on the future land use map.
This property is located in area one of the Land Use Plan.
2) The amendment is not inconsistent with the surrounding land uses which are commercial and
office.
3) The permitted uses the applicant provided in the C -3 (CZD) District are suitable and they are not
considered detrimental to the area and would be beneficial to the entire community.
Motion unanimously approved.
Safe Routes to School
Non - Infrastructure
Reimbursement Contract
Agreement
City Planner Neuschafer stated that the City of Dunn was awarded the Safe Routes to School Non -
Infrastructure reimbursement grant. The local match is 0 %. This grant is 100% reimbursable.
The SRTS Non - Infrastructure grant includes education, encouragement and enforcement of safe - walking
habits and physical activity to help promote healthy lifestyles in the youth of our community. This project
will serve Harnett Primary and Wayne Avenue Elementary Schools. All project activities will begin in
August 2010 and last the entire school year until June 2011.
Motion by Council Member Maness and seconded by Mayor Pro Tern Robinson to approve the Safe
Routes to School Non - Infrastructure Reimbursement Contract Agreement between the NC Department of
Transportation and the City of Dunn. Motion unanimously approved. A copy of the Safe Routes to
School Contract Agreement is incorporated into these minutes as Attachment #3.
Audit Contract
F/Y 2009 -2010
Finance Director Mark Stephens stated that Petway Mills & Pearson, PA submitted a proposal of
$19,470.00 to perform the F/Y 2009 -2010 audit for the City of Dunn.
Finance Director Mark Stephens gave a report of previous audit costs.
Previous Audit Costs
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2009 - $18,900.00
2008 - $18,000.00
2007 - $31,300.00
Petway Mills & Pearson, PA has been performing the City's audit since 2005.
Motion by Mayor Pro Tern Robinson and seconded by Council Member Joey Tart to contract services with
Petway Mills & Pearson, PA to conduct the F/Y 2009 -2010 audit for the City of Dunn at a proposed cost of
$19,470.00. Motion unanimously approved. A copy of FY 09 -10 audit contract is incorporated into
these minutes as Attachment #4.
Consideration of a Resolution
Re- naming a Street within the
Corporate Limits of the City of Dunn
From 1 Morganite Drive to Carlie C's Drive
Mayor Harris stated that the City of Dunn received a letter of request from Carlie C. McLamb, Jr.,
President of Carlie C's Operation Center, Inc. and the property owner of the former Morganite building,
requesting a street name change.
The street presently known as I Morganite Drive is requested to be changed to Carlie C's Drive.
Motion by Council Member Joey Tart and seconded by Council Member Maness to adopt a Resolution Re-
Naming a street within the corporate limits of the City of Dunn from 1 Morganite Drive to Carlie C's
Drive. Motion unanimously approved. A copy of Resolution (R2010 -07) re- naming I Morganite Drive
to Carlie C's Drive is incorporated into these minutes as Attachment #5.
Temporary Blocking of Street Rescheduled.
Dunn Emergency Services
Live Burn Training Exercise
Manager Autry explained that the Council is being asked to reschedule the Live Burn Training exercise as
approved by the City Council on April 13, 2010 from the original requested date of April 24, 2010 to May
22, 2010 with a rain date of May 29, 2010.
The following streets will be closed from 7:00 am until 4:00 pm.
• W. Vance St. at N. Fayetteville Ave.
• W. Vance St. at N. King Ave.
• N. King Ave. from W. Harnett to W. Vance St.
• Close half of the intersection of W. Harnett St. and N. King Ave.
The Council approved the closures during their April 13, 2010 meeting. Afterwards, Dunn Emergency
Services was notified that the instructor for Live Burns would not be able to attend the training exercise on
April 20. Live Burn Instructors are a requirement of the state.
Motion by Mayor Pro Tom Robinson and seconded by Council Member Galbreath to approve the
temporary street closing as requested by Dunn Emergency Services with the stipulation of notifying the
residents. Motion unanimously approved.
Consideration of a Resolution
Authorizing the Filing of an
Application for a USDA Loan —
Downtown Revitalization Project
City Engineer Ed Powell explained that the project design is complete and an estimate has been prepared.
Some funds have already been dedicated to this project for the reconstruction and replacement of
deteriorated sewer lines in the area as well as some water line replacements /upgrades that will be funded
through the reserve in the water and sewer enterprise fund. In order to provide a funding source for the
remainder of the project, Davis - Martin - Powell has prepared an application to go to USDA or a rural
development community facility loan. The Council is being asked to adopt a resolution to submit a
application to the USDA Rural Development for consideration of loans for completion of this project.
Since there are some unknown costs associated with this project, they are looking at the potential of 3.3M
to complete the project. This will include all underground power, cable, completion of storm drainage,
reconstruction of streets and sidewalks.
Mr. Powell stated that this is not a commitment to go anywhere with funding but merely the next step in the
process to secure an offer of funding for the completion of this project as it has been designed.
Mayor Harris stated that the proposed resolution is only an authorization for the Mayor to apply for the
loan.
7:35 pm — Council Member Billy Tart arrived at the meeting.
Mr. Powell stated that 3.3M is a realistic cost for this project. It could take six months before the City of
Dunn receives a commitment letter from USDA and at that time, the Council will decide whether or not to
accepttheloan.
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It was discussed that if all monies are not offered, then the downtown project may have to be accomplished
in phases /segments. Once a letter of commitment is received, then it will be decided what financial part the
Downtown Dunn Development Corporation will take.
Motion by Mayor Pro Tern Robinson and seconded by Council Member Turnage to adopt a resolution
authorizing the filing of an application for a USDA Loan — Downtown Revitalization Project. Motion
unanimously approved. A copy of Resolution (R2010 -08)to authorize filing an application for a USDA
Loan is incorporated into these minutes as Attachment #6.
ITEMS FOR DISCUSSION
AND /OR DECISION
Financial Report
Finance Director Mark Stephens provided the following financial update to the Council:
• The City as of March 31, 2010 had $3.3M cash in the General Fund and $2.1M cash in the
Water /Sewer Fund.
• Investment earnings are in the .35% - .20% range.
• Building Permit Fees were $52,354 or 80.55% of budget. The City should be at 75.00% of
budget.
• The Sales Tax Revenue for March was $732,940.88 or 51.62% of budget. The City should be at
58.33% of budget. Equated in dollars, the City is short by approximately $95,000 in sales tax
revenues.
• Water and sewer revenues were $2.9M or 73.82% of budget. The City should be at 75.00% of
budget.
• Fuel cost per gallon was $2.17 in March. Same period last year, the City was paying $1.33 per
gallon.
• Property taxes collected as of March were 98.21% of budget. Same period last year, the City had
collected 98.19% of budget.
• Expenditures were 72.37% of budget in the general fund and 66.05% in water /sewer fund. The
benchmark for this period is 75.00 %.
ADMINISTRATIVE REPORTS
Motion by Mayor Pro Tem Robinson and seconded by Council Member Galbreath to approve the
Administrative Reports. Motion unanimously approved.
Mayor Harris opened up public hearings again at 7:52 p.m.
PUBLIC HEARINGS CONTINUED
Conditional Use Permit CU -02 -10
Kalim & Annie Hasan
PIN #1527 -61- 1222.000
427 Jonesboro Road
Mayor Harris stated that this is a request for a Conditional Use Permit [Zoning Ordinance Article IX
Section 22 -461 (7) k.] from Kalim & Annie Hasan. The conditional use will allow for the operation of a
private club at 427 Jonesboro Road.
According to the applicant, the private club will be an upscale social lounge for members only. There is a
mix of residential and commercial use surrounding the property.
This Public Hearing is an opportunity for the Council to hear sworn testimony and receive specific
evidence from the public to include any party for or against the request. During the deliberation for
decision questions may only be asked to clarify previous testimony.
The public hearing was duly advertised on April 20" & 27", 2010.
Mayor Harris yielded to City Attorney Pope.
City Attorney Pope introduced CU 02 -10 a request by Kalim & Annie Hasan for the issuance of a
conditional use permit to allow for the operation of a private club at 427 Jonesboro Road. The hearing on
this matter is judicial in nature and will be conducted in accordance with special due process safeguards.
Attorney Pope asked that all persons who wish to testify in this case, approach the podium to be sworn or
give their affirmation.
Swearing -In:
City Attorney Pope administered oaths to:
City Planner Steven Neuschafer
Mr. Stan Williams
Mr. Wallace Core
Ms. Annie Hasan
Mr. Kalim Hasan
Attorney Jeff Stall
Mr. William Muwwakkil
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Explanation of Proceeding
Attorney Pope explained that testimony will first be given by City Planner Steven Neuschafer, then from
the applicant and their witnesses, and then from opponents to the request. Parties may cross - examine
witnesses after the witness testifies when questions are called for. If you want the Council to see written
evidence, such as reports, maps, or exhibits, the witness who is familiar with the evidence should ask that it
be introduced during or at the end of his or her testimony. Reports from persons who are not present to
testify will not be accepted. Attorneys who speak should not give factual testimony but may summarize
their client's case. Before beginning your testimony, please clearly identify yourself for the record.
City Attorney Pope opened the hearing on Case #CU 02 -10 Conditional Use Permit Application and asked
for testimony from Planning Director Steven Neuschafer.
Testimony from the Planter
Planner Neuschafer asked that the documents contained behind tab #14 in the City Council packet which
includes the conditional use application, Planning Department staff report, statement of justification from
the applicant, map titled 75 total parking spaces and a map of the property be entered as evidence. (A copy
of these documents entered as evidence for Case #CU 02 -10 Conditional Use Permit is incorporated into
these minutes as Attachment #7)
Mr. Neuschafer stated that this application is for a private club /social lounge. The current number of
parking spaces that are provided is 75. It has driveway access off of Jonesboro Road. The current zoning
is C -3 Highway Business and the private club /lounge is listed under the conditional uses in the ordinance.
He stated that the staff report mentions in the analysis that this request is for the operation of a private club.
According to the applicant, the private club will be an upscale social lounge for members only. This
request does not allow any type of adult business or sexually oriented business as defined by section 22 -184
of the zoning ordinance. The adjacent property uses are residential and commercial in nature. With that
evidence entered into the record, he entertained questions from the Council.
At the end of the City Planner's testimony, Attorney Pope asked if there were any questions of the City
Planner.
None were heard.
Attorney Pope asked if there were questions of the City Planner from any opponent /proponent. None were
heard.
Attorney Pope asked for testimony from the Applicant /Proponents or from attorneys or other
representatives who will give a general summary of the client's position.
Mr. Jeff Stall, attorney with Marshall Miller and Christopher Moods, Erwin NC stated that he has been
retained by Mr. Kalim Masan and his mother, Ms. Annie Masan to summarize for the Council what they
intend to do with their club. It is his understanding that there was some miscommunication as to the nature
of the business that they intend to run and it is also his understanding that there was some conflict regarding
prior business entities that were in the same building. What his clients intend to do first and foremost, is
provide a service in Dunn that they feel from a business analysis standpoint, was lacking and that is a social
atmosphere that is private to members alone whereby people can go and spend their leisure time as they
choose. His clients intend to serve food that will be catered by Milestone, which is a business located
directly adjacent to the property in question. They have secured additional parking owned by the landlord,
Sadler Brothers Truck Stop. His clients came to Dunn feeling that this is in fact, a good place and growing
community whereby they could operate their business and be successful. They understand the nature of the
businesses and the conflicts that arose out of the prior businesses in that area and are here to assure
members of the community as well as the Council, that this is not their intention. His clients are business
people and have invested a substantial sum of money in trying to forward this business. It's not too often
that you have somebody come into the community willing to put that sort of money forward to renovate a
building and to accept the challenges of entrepreneurship. He was proud to hear that Carlie C's is going to
have their base operations here and is a wonderful thing for the City of Dunn. He has also heard a lot of
propositions about revitalizing. Eventually that money has to be paid back and it's going to be paid back
one way or another by the businesses and the people of Dunn. His clients will provide a desired service in
Dunn and feels they will be good neighbors. He has sat down and met with them and they have assured
him that none of the shenanigans that have been of concern in that location, are going to go on. His clients
are business people and they completely and fully understand that those types of businesses do not generate
an income stream for any substantial period of time; they're fly -by- night. His clients have invested a
substantial sum of money in this. They are not here to fail or to embarrass the City of Dunn or themselves.
They are open to comments, suggestions and want to be neighborly and want to be able to work this out to
the mutual benefit to the people of Dunn, the City of Dunn, the budget of Dunn and for their own economic
interest. His clients want to open up this place to make money and in talking with them, he thinks they
have a good idea. If there are any questions for his clients, they will be open to answer. He asked that Ms.
Masan be allowed to present pictures.
Attorney Pope asked if the applicant would like to provide testimony and/or introduce evidence.
Attorney Jeff Stall introduced his client, Ms. Annie Masan and stated she is the main proprietor as in the
financial legging behind this endeavor. Mr. Stall stated that Ms. Masan has put together a small notebook
containing some pictures of their renovations to show the board that she is serious and Mr. Stall stated that
Ms. Masan has asked that the pictures be admitted as evidence.
Attorney Pope asked Ms. Hasan to approach the podium and identify herself.
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Ms. Hasan stepped forward to identify herself and handed evidence /maps /pictures to Mr. Stall to provide to
the Council to view.
Attorney Pope stated that those items will be entered as evidence.
Attorney Pope asked Ms. Hasan if there is any testimony that she would like to provide beyond the evidence
that she has introduced.
None were heard.
Attorney Pope asked if there were any persons present that have been sworn to provide testimony that have
any questions of the applicant.
None were heard.
Attorney Pope asked if there were any persons present that wished to speak, other than the applicant, in
favor of the request for the conditional use permit.
None were heard.
Attorney Pope asked for testimony from persons in opposition to the conditional use permit request.
Mr. Stan Williams, 330 Jonesboro Road, Dunn, NC — He and his family live across from the property.
When he spoke to the Planning Board, his primary concern was that they are a residential area. Previous
clubs have had problems there. He understands the business and the nature of the business can't be
controlled. He is a homeowner raising his family there. He mentioned the noise and he stated there were at
least three (3) times when shots were fired previously at this location. His main concern is to ensure that
his family is kept safe and his community is kept safe. Earlier, there was talk about the number of security
personnel they would have in place, which he feels is admirable even though sometimes no amount of
security in the world can keep things like that from happening. He stated that this isn't something anyone
would like across the street from their house especially when they're trying to sleep at night.
Attorney Pope asked the Council if they had any questions of Mr. Williams.
None were heard.
Attorney Pope asked if there were questions of Mr. Williams by any other sworn persons
Attorney Jeff Stall asked Mr. Williams if he understood that his clients that are here today are not the same
proprietors and they have come before this honorable Council and Mayor and have made assurances and
understand they have spent the money to operate a business and that is their intent. Mr. Williams
responded yes, he understands that but the nature of the business itself lends itself to certain things
happening. Mr. Williams stated there are things they cannot control. He applauds what they are trying to
do but his responsibility is to keep himself and his family safe and in an environment they can grow in.
Mr. Stall asked Mr. Williams what assurances could his client extend to him. Mr. Williams responded that
due to the nature of the business, there is not a guarantee that can be given.
Testimony from additional opponents
Mr. Raymond Ivey stated that he lives 700 yards from 427 Jonesboro Road. His main concern as stated at
the Planning Board meeting is that there have been three or four other clubs at this location and all of them
are the same deal. At 2:30 -3:00 am, he has to call the police department to get them to turn the music down
because the music is as loud in his bedroom as it is in the building. The last Club 75 located there, had so
many people in the parking lot because the building was full; he heard gun fire. This went on constantly
every Friday and Saturday night. The City police could not handle or control it when they would respond
to find 400 -500 people. The county police would respond and set -up by the road. The nature of the
business is going to be loud all during the night. He works seven days a week and this business is
proposing to be open seven days a week. It is not a good environment to live in. His home is residential
and he does not want to have a party all the time. Car loads of people from all over would come in and he
heard the noise all night long. He stated that if the applicants have nine security guards and two City cops
on duty, then what are they expecting. His main concern is safety.
Attorney Pope asked the Council if they had any questions of Mr. Ivey.
Council Member Maness asked Mr. Ivey if he lives directly across the street. Mr. Ivey responded yes, he
lives 700 yards from this location.
Attorney Pope asked if there were questions of Mr. Williams by any other sworn persons.
Attorney Stall asked Mr. Ivey if he understands that this is not the same proprietor.
Mr. Ivey responded yes, but it will be the same type business. Mr. Ivey stated that other people that ran
clubs there were not the same owners either but they all did the same thing. Mr. Ivey stated that when the
music is so loud that he can hear it in his bedroom at 2:00 am in the morning, and the police department is
called every Friday and Saturday night, it gets old after awhile.
Mr. Stall stated that the days of operation will be cut to three. He has a decibel meter on his phone and
should there arise a problem, his clients are open to be contacted by Mr. Ivey. He stated that Mr. Ivey will
be provided with a direct phone number to his clients.
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Mr. Stall asked Mr. Ivey if a lot of promises have been made to him.
Mr. Ivey responded that he has heard the same story from prior proprietors that they will calm the crowd.
Mr. Ivey stated there is no calming down when everybody starts drinking and having a good time. Mr.
Ivey stated that he was young once and he knows how the deal works.
Mr. Stall stated that he is here on behalf of his clients, who have spent a great deal of money to help
revitalize the community and to be a good neighbor. His clients are not here to mess up Mr. Ivey's family.
Mr. Ivey responded that he understands that, but they have no control over the 400 people that come into
this place. They can't tell you what kind of gun someone is carrying in their car, or what type of drugs are
in their car because no one has control of that but the person driving the vehicle. The only control the
applicant has is when that person walks into their club. \
Mr. Stall asked Mr. Ivey would he say that is the same at the Sizzlin or any other business.
Mr. Ivey responded it could be, but they are not partying, they are eating.
Mr. Stall asked Mr. Ivey if he recalled him stating that his clients would serve food in a private atmosphere.
Mr. Ivey responded he understood.
Testimony from additional opponents
Mr. Wallace Core, 290 Jonesboro Road, Dunn, NC — He stated that he is here to speak against this club.
Prior clubs could not be kept in control. It doesn't feel good to have someone in front of your house
shooting handguns at 3:00 am in the morning or knocking on your window in the early morning hours. He
doesn't want his family to grow up in this stuff. He has a rest home across the street from him and when
the prior proprietors were there, he had to have the authorities go out there to have them cut the music
down so the patients could rest. The only way the applicant will have control is when the people are inside.
Anywhere you have a drink of liquor, you've got trouble. If not inside, then you have trouble outside and
when it's outside, the neighbors have to suffer for it. He commends the applicant with the plans he has
drawn but he is in the wrong business. A comment was made that they will serve a drink at a time; how
many drinks will be served; one drink or a dozen drinks. There again, when a person comes out of the
club, 90% of them will be intoxicated. When a person drinks, they just don't think. Not only is this club
close to his home, but there are also residents across the field from this club that heard the loud music. He
doesn't think the citizens of Dunn need anything like this; he knows they do not need it on Jonesboro Road.
Attorney Pope asked the Council if they had any questions of Mr. Core.
None were heard.
Attorney Pope asked if there were questions of Mr. Core by any other sworn persons.
None were heard.
Testimony from proponent
William Muwwakkil, 513 Nottingham Drive, Fayetteville, NC - His aunt lives on Vance Street in Dunn. He
stated that he understands what everyone is saying about the last club that was there but he didn't attend the
last club. If he is not mistaken, he thinks there was only one club in that building and he didn't attend it
because it was definitely not the type of establishment that he likes to go to have a good time. He has
visited his aunt in Dunn for the past four years. He is thirty years old. His sister attends Campbell
University and when they get together, they all like to go out to get something to eat and have a good time
at a classy location. They have to travel to Raleigh to a classy club like Solace where you have to dress -up
in slacks /sneakers. He thinks the club that was there before was for 18 and up and when you deal with
children like that, things can get out of hand. He thinks it will be a good opportunity for Dunn because he
has to travel to Raleigh, Fayetteville, or Greensboro. He and his sister's friends are dying to have
somewhere to go in Dunn for ages 25 and up. He doesn't like to party with children because they get out of
hand. When you bring classy situations to an area, classy people come. Classy people stay away from
clubs where you can come dressed any type of way.
Attorney Pope asked the Council if they had any questions of Mr. Muwwakkil.
Council Member Maness asked Mr. Muwwakkil if he lived in Fayetteville.
Mr. Muwwakkil responded that is correct, he just comes to Dunn to visit.
Attorney Pope entertained further questions from the City Council members for the applicant, proponents,
or opponents. He explained that once the public hearing is closed, the only questions that the Council may
pose to the applicant, proponents or opponents shall be for clarification. No new evidence can be
introduced after closing the public hearing. Any additional conditions that the Council wishes to consider
to place upon the use of the land by the applicant, must ask the applicant if he /she will voluntarily place the
condition upon his /her property at this time.
Mayor Pro Tern Robinson asked the applicant Annie Hasan, to define the term upscale and give a definition
of what her concept of upscale would be with regard to membership. He asked what are their membership
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requirements and age group and what evidence they have that gives the impression that this community has
significant numbers to support that kind of membership.
Council Member Joey Tart asked what the hours of operation will be and what will be the membership
charge.
Ms. Annie Hasan responded that she will let her son answer those questions because basically her son will
be running the facility.
Attorney Pope asked Mr. Kalim Hasan to answer the questions of Mayor Pro Tern Robinson and Council
Member Joey Tart.
Mr. Hasan responded that the dress attire will be business professional/dressy casual. You must be 21 to
enter and 25 to be a member. The hours of operation will be 12 noon to 12 midnight (Mon -Thur) and 12
noon to 2 am (Fri -Sat) with an option on Sunday.
Attorney Stall stated that he will submit that this is negotiable as far as a condition upon the use of the land.
The hours of operation have been discussed to define as (3 -4) day a week operation limiting week -night
closing times to 11:00 pm; furthermore, they have discussed not opening on Sunday unless they decide to
do a lunch/brunch type operation if numbers support it. Mr. Stall stated they are trying to establish a
membership fee in the $25 to $50 range.
Mayor Pro Tem Robinson stated that he is not sure that Mr. Hasan has defined upscale. He asked what
type of entertainment and music do they anticipate offering to this upscale audience.
Mr. Hasan responded social, pop, jazz, R & B; limited but not subject to hip -hop.
Council Member Maness stated to Mr. Hasan, that his response to one of Mayor Pro Tern Robinson's
questions raises another question from him. He added that Mr. Hasan stated that you must be 21 to enter
and 25 to be a member; how can someone that is not a member be able to enter.
Mr. Stall responded it will be a one guest policy.
Mr. Maness responded then why have a lower age for a guest than a membership.
Mr. Stall responded that responsible adults will be purchasing memberships and deferring to the older
members or patrons discretion with respect to who they invite.
Mr. Maness asked Mr. Stall if by his definition, would someone under the age of 25 be non - responsible.
/I Mr. Stall responded not exactly; they would prefer to have a 25 and up crowd. He added that as he said, it
is negotiable. The legal age to consume adult beverages is 21 and rest assured that they will not be served
to anybody under that age. Ages 18 -20 will not be permitted on the premises.
Council Member Galbreath stated to Mr. Hasan, that he too has concerns about the age requirement. He
doesn't like a 21 year old being able to enter or 25 year old to be a member. He stated that the City of
Dunn has a noise ordinance. He asked Mr. Hasan what does he have in place to control the noise of car
radios that may be sitting in the parking lot blasting music. He asked Mr. Hasan if he has plans for paid
security.
Mr. Stall responded that they have researched the possibility of a remote decibel meter; for instance his cell
phone has an application for a decibel meter to measure how loud everything is. If a remote is not possible,
then personnel will be equipped to go out in the parking lot to make sure everyone is in the parameters of
the ordinance. Adequate security will be provided for the patrons, if necessary.
Council Member Galbreath stated that he does not like the term "if necessary ". He has been to social
establishments out of town and there is always some kind of security personnel on the premises. Mr.
Galbreath said that if he voted in favor of this, his requirement would be that some type of security
personnel would be on the premises at all times.
Mr. Stall responded that he understood and that security will be arranged.
Council Member Galbreath asked Mr. Hasan for his prior experience in running an establishment of this
type.
Mr. Hasan responded he is a program director for radio station 104.5 in Fayetteville. He has been in radio
for six years and does this type of work every day for other businesses. He organizes their business for
them.
Council Member Maness stated to Mr. Hasan, that what he is saying is that he does not actually have any
experience in running a social club.
Mr. Hasan responded that as far as the style /format he is planning in Dunn, yes he does.
Council Member Manesss responded that is not the way he understood the answer to the question and he
thinks Attorney Stall understands.
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Mr. Stall responded that his client and his mother, who is a large part of the operation, have always had that
entrepreneurial spirit. Ms. Hasan owns a home health care company in Fayetteville and Kalim has been
working for a radio station as an event coordinator. The event coordinator is responsible for the
programming, music and arranging the entertainment and that experience is relevant. Kalim's
entrepreneurial spirit will see him through with the help of his mom's checkbook.
Council Member Turnage asked what is the current fire code capacity.
Mr. Hasan responded 299.
Council Member Galbreath asked Mr. Hasan if he could explain more in depth about brunch served on
Sunday because he stated that Sunday was optional.
Mr. Hasan responded that most businesses like to do brunch at 11:00 am which is earlier than 12 noon and
that is something he wanted to include as optional plus the entertainment for a later time, if that is
I
acceptable.
Mr. Stall stated that the brunch/lunch on Sunday is more of a possibility in an effort of full disclosure to the
Council. If this is a limitation on the business, then he believes this is something that can be worked out.
Council Member Galbreath offered Mr. Hasan a scenario; at 11:00 pm on Friday night a scuffle between
two males starts inside the club and carries over into the parking lot with shots fired, how do you handle
that situation.
Mr. Hasan responded he would shut down club operations for the night.
Council Member Galbreath asked Mr. Hasan what he would do if this same scenario happened the next
night, is he saying that he would shut down all operations for the rest of the night.
Mr. Hasan responded yes, he would shut it down.
Council Member Billy Tart asked Mr. Hasan why did he select Dunn and not Fayetteville to open a club.
Mr. Hasan responded that based on demographics, when he does entertainment venues, a lot of Dunn
people attend and people of Dunn request a place to go.
Council Member Billy Tart stated that everyone which spoke tonight was against it with the exception of
one person from Fayetteville.
Council Member Turnage asked Mr. Hasan how did he determine the business gap that Dunn has.
Mr. Hasan responded basically from talking to the community when he does college events, etc. He plays
music and understands demographics of the area and this is how he develops social events for other
businesses.
Council Member Galbreath asked Mr. Hasan what methods will he use to screen someone for membership.
Mr. Hasan responded he can look at a person and tell where they're coming from; also with the
membership process, he would like to have some sense of background; what business they work for. This
is a social networking club and is for business professionals.
Mr. Stall added that there will be a questionnaire and application process.
Council Member Maness stated that he watched the Planning Board meeting on the government channel
and he does not recall anybody speaking in favor of the proposed business other than the applicant.
Council Member Tart has pointed out that they have had only one person speak in favor of it tonight, and
that person is not from Dunn.
Mr. Maness asked Mr. Hasan if anyone other than the applicant, spoke in favor of this at the Planning
Board meeting.
Mr. Stall responded that he did not attend the Planning Board meeting.
Mr. Hasan responded there was none.
Mr. Stall added that it is hard to garner support until you get your foot in the door and are given the
opportunity to establish yourself as a good neighbor and good business person.
Mr. Maness stated that if they apply the same logic that the applicant would have them listen to tonight,
there is a demand for this in this area. If there was an overwhelming outcry from our citizenry to have this
type of facility, he would have expected there to be at least one person from Dunn to offer a voice of
support.
Mr. Stall responded that he concurred. He believes that in time, that support will be shown; however, they
are asking for the opportunity to get their foot in the door. They are putting an idea in the hands of the
Council and asking the Council to help mold this business, based on the business plan. This is the
foundation of our American economy and that is young men with the financial support of their mother at
46
times. This is a new business, offering Dunn revenues paid into the town. They are willing to acquiesce to
just about anything to make this happen.
Attorney Pope asked if the Council had any conditions they would like to ask the applicant to consider.
Council Member Galbreath stated that the conditions he stated earlier; security anytime the business is in
operation to monitor inside and outside, being compliant with the noise ordinance in the City of Dunn, set a
concrete age requirement above the age of 21 for membership. Mr. Galbreath added that he is willing to
give Mr. Hasan the opportunity because this is a different type of establishment as opposed to what they
have had before. A social club is termed differently than a club. Mr. Hasan is a young man that sees an
opportunity to provide something in our community. Everybody does not partake in these type of
establishments but as the community continues to grow, there is a very diverse population here and there
will be people who come from outside Dunn who may attend these type establishments. Everyone that
visits a social club, does not have a drink and does not come out intoxicated. Some folks may go there for
entertainment, food or conversation. They can continue to dwell on the past with prior establishments and
let that leave a bad taste in our mouth but he is willing to give Mr. Hasan a chance because it is a different
type of club. A social club is needed here. As Mr. Maness stated, he did not see anyone speak in favor of
this club at at the Planning Board meeting but at the same time, he feels it is needed here.
Attorney Pope asked Mr. Hasan as an applicant, are you willing to accept as a condition, a requirement that
security personnel be present at all times, abide by the noise ordinance, and membership and attendance not
be under the age of 25, limitation of days and hours as determined by the Council.
Mr. Hasan responded yes, he will accept these conditions.
With no further testimony, the public hearing for CU -02 -10 closed at 8:52 p.m.
ITEMS FOR DECISION CONTINUED
Conditional Use Permit CU -02 -10
Kalim & Annie Hasan
PIN #1527 -61- 1222.000
427 Jonesboro Road
This request is for the operation of a private club at 427 Jonesboro Road.
This property is currently zoned C -3; Highway Commercial District.
The Plannin Board met on April 27, 2010, reviewed the request and asked for comments from the public.
After hearing comments from the public and the request from the applicant, the Planning Board
recommended to deny this request.
Motion by Mayor Pro Tem Robinson and seconded by Council Member Billy Tart to deny CU -02 -10 based
on the following findings of fact:
1. The use requested is listed among the conditional uses in the district for which the application is
made. Per the zoning ordinance Article IX Division 1 Section 22 -461 (7) k, the Conditional Use
is listed in the ordinance.
2. The requested use is essential or desirable to the public convenience or welfare. There were
people who spoke in opposition of this request at the Planning Board meeting. Therefore with the
concerns by the City of Dunn citizens it shall not be desirable by the surrounding land owners.
3. The requested use will not impair the integrity or character of the surrounding or adjoining
districts, nor be detrimental to the health, morals, or welfare. There will be direct impact to the
adjacent area due to the fact that there are residential properties surrounding this property;
therefore, the operation of a private club would be detrimental to the area.
4. The requested use will be in conformity with the land development plan. The location of this
request is surrounded by the highway commercial district and a residential district which is along
an average thoroughfare; the issuance of this permit will be appropriate with the anticipated
growth pattern of future commercial use identified in area two of the 2030 Land Use Plan.
5. Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or
are being provided. All facilities are available at this location which is currently a vacant
building.
Motion to deny carried 5 -1 with Council Member Galbreath voting against the denial.
ANNOUNCEMENTS
The following announcements and /or comments were made.
Mayor Harris
➢ The City Council will meet for a budget work session on Tuesday, May 18" beginning at 8:30 am
in the Council Chambers.
➢ City offices will be closed Monday, May 31" in observance of Memorial Day.
➢ Beginning June I", City offices will observe summer operating hours of 7:30 am until 4:00 pm.
➢ The next City Council meeting is scheduled for Tuesday, June 8, 2010 at 7:00 pm at which time
they will have a formation for the purpose of signing the Armed Forces Community Covenant to
honor our military families.
47
➢ Reminded the Council members to check their calendar and let Debbie or Melissa know if they
will be attending Town Hall Day in Raleigh on Wednesday, June 16, 2010.
Council Member Galbreath
➢ Requested that the City take action with the property at 614 E. Vance Street. He spoke with the
inspections department and City Manager about the condition of the yard and a dilapidated
structure that needs to be secured or removed. He would like an answer by Tuesday of next week
as to the plan of action the City will take with this property.
Mayor Pro Tem Robinson
➢ Asked for the help of the police department in identifying intersections with high grass.
Closed Session
8:58 p.m. - Motion by Council Member Joey Tart and seconded by Council Member Maness to enter
closed session pursuant to N.C.G.S. 143- 318.11(a)(3) to consult with the City Attorney to protect the
attorney- client privilege. Motion unanimously approved.
Closed Session adjourned at 10:03 p.m. and Council reconvened the regular meeting at 10:04 p.m.
Motion by Council Member Joey Tart and seconded by Council Member Billy Tart to approve the minutes
of the closed session as recorded by City Attorney Pope. Motion unanimously approved.
With no further business to discuss, a motion was made by Council Member Joey Tart and seconded by
Council Member Billy Tart to adjourn the meeting at 10:05 p.m. Motion unanimously approved.
CITY
O car N. Hatris
GORPO 2 Mayor
Attest: = 2 iS EAL
CAROB
Debra G. West
City Clerk /°�