10122010in
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Tuesday, October 12, 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 Chief B.P. Jones,
Planning & Marketing Director Steven Neuschafer, Chief Building Inspector Mike Blackmon,
Recreation Director Perry Hudson, Librarian Mike Williams, City Engineer Ed Powell, City
Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter Brian Haney.
Mayor Oscar N. Harris arrived at 7:17 p.m.
INVOCATION
Mayor Pro Tern Robinson opened the meeting at 7:00 p.m. and asked Police Chaplain Reverend Dennis
Manuel to give the invocation. Afterwards, Boy Scout Troop 780 of Divine Street Methodist Church
conducted an opening flag ceremony and led in the Pledge of Allegiance.
AGENDA ADJUSTMENT AND APPROVAL
Motion by Council Member Joey Tart and seconded by Council Member Maness to adopt the October 12,
2010 meeting agenda with changes, if any, as listed below.
Items Added to the Agenda:
• none
Agenda Items Removed:
• none
Motion unanimously approved.
PRESENTATIONS
Proclamation Presentation
Dunn PAL 18 -under Lady Wildcats
National PAL Basketball Tournament
Champions
Mayor Pro Tern Robinson, Council Member Galbreath and PAL Director Lt. Rodney Rowland read and
presented a proclamation recognizing the Dunn PAL (18- under) Lady Wildcats Basketball team as the
National PAL Basketball Tournament Champions. A copy of Proclamation (P2010 -23) recognizing the
Dunn PAL Lady Wildcats is incorporated into these minutes as Attachment #1.
Proclamation Presentation
Dunn PAL 16 -under Boys Wildcats
National PAL Basketball Tournament
Champions
Mayor Pro Tern Robinson, Council Member Galbreath and PAL Director Lt. Rodney Rowland read and
presented a proclamation recognizing the Dunn PAL (16- under) Boys Wildcats Basketball team as the
National PAL Basketball Tournament Champions. A copy of Proclamation (P2010 -24) recognizing the
Dunn PAL Boys Wildcats is incorporated into these minutes as Attachment #2.
Lt. Rowland thanked the City Council, businesses and individuals for making the programs of PAL
possible. He announced that June of 2011, Dunn PAL will again host the National Championship
Tournament.
Mayor Harris arrived at 7:17 p.m.
PUBLIC COMMENT PERIOD
Mayor Pro Tern Robinson opened the floor fora (30) minute public comment period.
Mr. Bobby Williams, 805 S. Washington Avenue, Dunn, NC — He is the owner of Bobby Williams Electric
Company. On behalf of a small business owner, he spoke against closing the Pearsall Street railroad
crossing. He stated that when a rain comes through, he finds himself stopped at the railroad crossing an
average of five minutes, which isn't bad; however, Dunn has a switching rack, which can be a big
hindrance for a small business person trying to get to a job on the other side of the railroad rack. He has
found himself having to travel a far distance to cross the railroad when a customer is waiting for his service
and he is held up for thirty minutes. He doesn't feel a small businessman can survive another closed
crossing. The City cannot afford to close another railroad crossing; enough are already closed.
Maude Van Putten, 1970 Hollerin Road - She spoke of her recent trip to Haiti. She has a business
downtown beside Sherry's Bakery. She was born in Haiti but raised in this country. When Haiti was hit by
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an earthquake, she was moved to go there for missionary work. When she went in March of this year and
saw the devastation, she wanted to do more for this country. She has held fundraisers in Dunn and she has
opened a soup kitchen in Haiti. She wanted the City to be aware that people are still suffering there and she
would like to see the City help her and support her in some way to continue her work. She plans to educate
and teach the people of Haiti.
Mr. Thomas Ellis II, 400 S. Magnolia Ave., Dunn, NC — He spoke of his concern for African Americans of
Dunn, NC with regard to the proposed use of the Rosenwald School. He is asking the City Council to
consider using the school in its' original form which is for educational purposes only.
Hearing no further comments, the public comment period was closed.
PUBLIC HEARINGS
Conditional Zoning Request CZ -05 -10
Charles Cook American Legion Post #193
Pin #1517 -90. 1511.000
201 E. Wake Street
Mayor Pro Tern Robinson stated that the public has been notified that oral and written comments will be
heard and received concerning the request by Charles Cook American Legion Post #193 for a conditional
zoning district for a parcel of land, totaling .86 acres + / -, at 201 E. Wake 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: private meeting
halls and fraternal organizations.
The public hearing was duly advertised on September 21"& 28' 2010.
Mayor Pro Tom Robinson asked Planning Director Neuschafer for comments
Mr. Neuschafer stated that the Planning Board voted to recommend approval of this request with the
following conditions:
1) For all non - American Legion post activities, there shall be one security officer per 100 people.
2) A designated parking area with crush and run shall be provided with 12 parking spaces.
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Council Member Galbreath asked Mr. Neuschafer if there is a designated area that the City is asking for
crush and run. Mr. Neuschafer responded that he met with the American Legion representatives on the
property and marked a proposed parking lot area for 12 spaces that would conform to the zoning ordinance.
Council Member Galbreath asked Mr. Neuschafer if a private company will provide the security officers.
Mr. Neuschafer responded that this was discussed at the Planning Board meeting, but was not stipulated as
a motion. He added that the applicant can provide the answer about this specific condition.
Council Member Maness asked Mr. Neuschafer if there is sufficient parking. Mr. Neuschafer responded
that if it was a newly constructed building today (which it is not) then the minimum for the square footage
of the building, would be 17 parking spaces. They thought that 12 parking spaces was a good beginning
point in that it wouldn't be a requirement today; this is a continuing legal non - conforming use as it is. It's
been a post for some time and they have held functions there before, so in order to change the zoning, this
was a stipulation that they thought would be reasonable to start.
Council Member Billy Tart asked Mr. Neuschafer what will the C -3 (CZD) permit them to have that is not
permitted in the O & I. Mr. Neuschafer responded that this C -3 (CZD) change would allow a meeting hall
and fraternal organization only and the other general uses of C -3 will not be allowed. This would allow
them to apply to the ABC Board for a license.
Council Member Joey Tart asked Mr. Neuschafer if there will only be 12 parking spaces. Mr. Neuschafer
responded there will be 12 new parking spaces with crush and run. There are existing parking spaces on
unapproved surfaces such as grassy and gravel areas that do not meet the definition of a legal parking
space. There will be additional parking areas on the property.
Mayor Pro Tern Robinson asked if there was anyone who wished to speak for or against this conditional
zoning request.
Hearing no comments, Mayor Pro Tem Robinson closed the public hearing.
Ordinance Amendment OA -04 -10
Chapter 22; Article I, Article III,
Article VIII, Article IX, Article X
Mayor Pro Tom Robinson stated that this is a request to hereby amend Chapter 22 of the City of Dunn
zoning ordinance; Article I, Section 22 -8 and 22 -9; Article III, Section 22 -51; Article VIII, Section 22 -442;
Article IX, Section 22 -482, 22 -483 and 22 -487; Article X, Section 22 -521 through 22 -527.
The public hearing was duly advertised on September 21" & 28 2010.
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Mayor Pro Tem Robinson asked Planner Neuschafer for his comments. Mr. Neuschafer explained that this
amendment will revise the authority in the zoning ordinance from chief building inspector to zoning
administrator. This will update the code of ordinances by authorizing the zoning administrator to enforce
the zoning ordinance and will remove the chief building inspector.
Mayor Pro Tem Robinson asked if there was anyone who wished to speak for or against this ordinance
amendment.
Hearing no comments, Mayor Pro Tem Robinson closed the public hearing.
Ordinance Amendment OA -05 -10
Chapter 22; Article IV, Division 1 &
% Division 3 of the Zoning Ordinance
Mayor Pro Tem Robinson stated that this is a request to hereby amend Chapter 22 of the City of Dunn
zoning ordinance; Article IV, Division 1 and Division 3.
The public hearing was duly advertised on September 21" & 28 2010.
Mayor Pro Tem Robinson asked Planner Neuschafer for his comments. Mr. Neuschafer explained that this
amendment will revise the minimum sign setbacks, authorization to approve signs and master sign plans. It
will clarify the ordinance to allow for a sign to be twelve (12) feet from the front property line and a
minimum of ten (10) feet from any side lot line.
Mayor Pro Tem Robinson asked if there was anyone who wished to speak for or against this ordinance
amendment.
Hearing no comments, Mayor Pro Tem Robinson closed the public hearings at 7:38 pm and reconvened the
regular meeting.
CONSENTITEMS
Minutes — Council considered approval of minutes of the September 14, 2010 Council meeting
Tax Releases/Refunds — Council considered approval of Tax Releases/Refunds #1 - #132. Copies of Tax
Releases/Refunds are filed in the office of the Tax Collector.
Proclamation - Council considered approval of a proclamation designating October 17 -23, 2010 as National
Friends of Libraries Week. Council Member Joey Tart read the proclamation. A copy of Proclamation
(P2010 -25) designating National Friends of Libraries Week is incorporated into these minutes as
Attachment #3.
Resolution — Council considered approval of a resolution urging residents of the City of Dunn to observe a
safe and courteous Halloween on Saturday, October 30, 2010. Council Member Maness read the
resolution. A copy of Resolution (R2010 -19) designating Trick -or- Treating on October 30, 2010 is
incorporated into these minutes as Attachment #4.
Destruction of Municipal Records — Council considered approving the destruction of Finance Department
records which have exceeded the required retention time pursuant to the Municipal Disposition Schedule.
A list of those records that have exceeded the required retention schedule and approved for destruction is
incorporated into these minutes as Attachment #5.
Surplus Resolution — Council considered approval of a Resolution Authorizing the Disposition of Personal
Property by electronic means through www.GovDeals.com. A copy of Surplus Resolution (R2010 -20) is
incorporated into these minutes as Attachment #6.
Motion by Council Member Maness and seconded by Council Member Joey Tart to approve all consent
items. Motion unanimously approved.
ITEMS FOR DECISION
Conditional Zoning Request CZ -05 -10
Charles Cook American Legion Post #193
Pin #1517 -90- 1511.000
201 E. Wake Street
This is a request for a conditional zoning of a parcel of land, totaling .86± acres, located at 201 E. Wake
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.
The Planning Board met on September 28, 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 with the following conditions:
1) For all non - American legion post activities, there shall be one security officer per 100 people.
2) A designated parking area with crush and run shall be provided with 12 parking spaces.
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Council Member Billy Tart spoke about his concern with safety in the neighborhood behind this location.
Mayor Pro Tern Robinson stated that safety was discussed extensively at the Planning Board meeting and
the two conditions that the Planning Board arrived at were intended to address these concerns especially
with regard to security.
Mr. Dave Taylor, Commander of Post #193 addressed a question by Council Member Galbreath with
regard to his concern with security. Mr. Taylor stated that they have a contract with a unit out of
Fayetteville for security officers.
Mr. Robinson asked Mr. Taylor if Post #193 accepts the two conditions imposed by the Planning Board.
He responded yes, they do accept those conditions.
Discussion was held about sufficient lighting for the area when activities are taking place. Mr. Taylor
stated that sufficient lighting is in place.
Council Member Maness asked for the maximum capacity of this facility. Mr. Taylor responded capacity
for the building has been authorized for 299. Most social events average 150 participants.
Mr. Maness asked Mr. Taylor where do cars park during these events. Mr. Taylor responded there is
parking in front and on the side of the building
Council Member Billy Tart asked Mr. Taylor what this change to C -3 (CZD) will allow them to have that
they currently do not have. Mr. Taylor responded that this will allow for fraternal organization meetings
and social gatherings. Mr. Taylor added that as a public organization, they cannot discriminate against any
group of people as long as they abide by their regulations and whenever a social gathering is held, a
member of the American Legion will be present.
Mayor Pro Tem Robinson reminded the Council that prior to Charles Cook American Legion acquiring this
property, it was owned by the VFW. The same use they propose has traditionally been carried out at that
location under the VFW and the building across from it carried out similar activities when it was owned by
the Dunn Shrine Club. Charles Cook American Legion has owned the building for approximately 5 -6 years.
Mayor Harris asked Mr. Taylor that if the Council deemed there is not adequate lighting, would American
Legion agree to correct the lighting situation outside the building. Mr. Taylor responded that if they do
discuss this issue and it deems itself, then he would be amendable to discuss this issue and take a look at it.
Motion by Council Member Galbreath and seconded by Council Member Turnage to approve the request
from Charles Cook American Legion Post #193 for a conditional zoning district for a parcel of land (PIN -�
#1517 -90- 1511.000) totaling .86± acres, located at 201 E. Wake 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 commercial use on the future land use
map. This property is located in area two of the Land Use Plan.
2) The amendment is warranted due to the fact that the owners are trying to come into compliance
with current zoning standards.
3) The building is being used for private meeting halls and fraternal organizations in its current
zoning district as a legal non - conforming use. The existing /proposed uses are permitted uses in
the C -3 (CZD) District. Therefore the proposed conditional zoning district is suitable and is not
considered detrimental to the area and would be beneficial to the entire community and the
proposed conditions will help to mitigate any existing problems.
4) The condition of adding parking spaces will be required to meet all minimum zoning requirements
for a parking lot.
5) Concur with the conditions imposed by the Planning Board
Motion unanimously approved.
Ordinance Amendment OA -04.10
Chapter 22; Article I, Article III,
Article VIII, Article IX, Article X
This amendment will revise the authority in the zoning ordinance from chief building inspector to zoning
administrator.
The Planning Board met on September 28, 2010, conducted a public hearing and unanimously approved the
amendment.
Motion by Council Member Maness and seconded by Council Member Joey Tart to approve OA- 04 -10.
Motion unanimously approved. A copy of Ordinance (02010 -13) is incorporated into these minutes as
Attachment #7.
Ordinance Amendment OA -05 -10
Chapter 22; Article IV Division 1 &
Division 3 of the Zoning Ordinance
This amendment will revise the minimum sign setbacks, authorization to approve signs and master sign
plans.
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The Planning Board met on September 28, 2010, conducted a public hearing and unanimously approved th
amendment.
Motion by Council Member Turnage and seconded by Council Member Joey Tart to approve OA- 05 -10.
Motion unanimously approved. A copy of Ordinance (02010 -14) is incorporated into these minutes as
Attachment #8.
ITEMS FOR DISCUSSION
AND /OR DECISION
Financial Report
Finance Director Mark Stephens provided the following financial report for the period ending August 31,
2010:
• As of August 31, 2010, the City had $2,058,708 in cash in the general fund and $2,308,723 in the
water -sewer fund.
•. Investment earnings are in the .35% -.20% range.
• Building permit fees were $12,029 or 17.18% of budget. The City should be at 16.67% of budget.
• Water and sewer revenues were $824,555 or 19.75% of budget. The City should be at 16.67% of
budget.
• Fuel cost per gallon was $2.16 in August.
• Sales tax distribution was $110,885 or 8.21% of budget. The City is $1,570 below the budgeted
amount.
• Expenditures were 15.52% of budget in the general fund and 14.11% of budget in the water and
sewer fund. The City should be at 16.67% of budget.
Motion by Council Member Joey Tart and seconded by Council Member Maness to accept the Financial
Report. Motion unanimously approved.
ADMINISTRATIVE REPORTS
Motion by Council Member Galbreath and seconded by Council Member Joey Tart to approve the
Administrative Reports. Motion unanimously approved.
ANNOUNCEMENTS
The following announcements and/or comments were made.
Council Member Maness;
➢ A number of local churches are offering fall family festivals and alternatives to Trick -or- Treating
and encouraged attendance at one of these events.
Mayor Harris:
➢ Boogie Down on Broad Street will be held on Thursday, October 14 beginning at 6:00 pm in
Downtown Dunn.
➢ 2010 NCLM Conference will be held on October 24 -26 in Winston Salem, NC.
➢ Mid - Carolina Council of Government meeting is scheduled for Thursday, October 28' at 6:00 pm
in Clinton. Please let Debbie or Melissa know of your plans to attend by Monday, October 18'".
➢ Trick -or -Treat times will be observed in the City limits of Dunn on Saturday, October 30' from
early evening until 8:30 pm.
➢ DACC Fall Clean Up will be held on Thursday, November 4`". Volunteers should meet at
Sherry's Bakery at 3:00 pm.
➢ The 12" Annual Touchstone Energy NC Cotton Festival is scheduled for Saturday, November 6 i6
from 10:00 am until 4:00 pm in Downtown Dunn.
The City Council will be meeting tomorrow morning at 8:30 am for a special call meeting.
➢ The next regular City Council meeting is scheduled for Tuesday, November 9, 2010 at 7:00 pm.
➢ Command Sgt. Major of the 82 " Airborne will be the guest speaker for a Veterans' Day
Ceremony on Sunday, November 7" at 2:00 pm on the steps of the General William C. Lee
Museum. American Legion Post 59 is sponsoring this event. Everyone is invited.
Council Member Galbreath:
He asked that the Manager, Public Works, and Recreation Director make certain that Codrington
Park look its' best for an event scheduled this weekend.
➢ He requested that the roadside along Burke Street, which leads to Resthaven Cemetery, be kept
clean from debris.
Council Member Joey Tart
➢ He thanked the Friends of the Library. They work behind the scenes raising money for the library.
He also thanked Librarian Mike Williams for the job he does.
➢ Lift Jesus Higher Celebration will be held at Tart Park on Saturday, October 30, 2010. Everyone
is invited.
➢ Business Fest was a great success on the 28" of September. He thanked the DACC for the great
job they do in bringing the community together.
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Council Member Turnage:
➢ PAL Golf tournament will be held at 11:00 am on Thursday, October 14, 2010 at Chicora Country
Club.
Mayor Pro Tern Robinson:
➢ He wished a belated happy birthday to Mr. Miles Phillips who turned 100 years old on September
10
➢ He thanked Mayor Harris and his administration from 1995, Mayor Abe Elmore and his
administration that followed and Mayor Dal Snipes and his administration. He added that it was
tremendous to have the opportunity last Thursday to celebrate with other people from across the
County, the new hospital that's coming to Lillington and what it means to Harnett County. He
wants the people of Dunn to know, that their investment in our hospital and the many steps taken
during these administrations, was a tremendous contribution, not just to Dunn, but to the citizens
of Harnett County.
➢ Mt. Pisgah Church Parade will be held on Saturday, October 16, 2010 at 11:00 am in Erwin. This
church will be celebrating their 150" anniversary and he encouraged everyone to attend.
With no further business to discuss, Mayor Pro Tern Robinson adjourned the meeting at 8:10 p.m.
``t U , n , u„ ry
G ORPOR 4
Attest: SEA\
Di'_ lcJ ' J ill , `�a''
Debra G. West
City Clerk
scar N. Harris
Mayor
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