08112011154
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Tuesday, August 9, 2011, at 7:00
P.M. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tern N.
Carnell Robinson, Council Members Bryan Galbreath, Billy Tart, Chuck Turnage and Joey Tart.
Also present was City Manager Ronnie Autry, Assistant City Manager Steven Neuschafer, Public
Works Director Billy Addison, Public Utilities Director Dean Gaster, Finance Director Mark
Stephens, Planning Director Samantha Lloyd, Chief Building Inspector Mike Blackmon, Police Chief
B.P. Jones, Recreation Director Perry Hudson, Librarian Mike Williams, City Engineer Michael
Goliber, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter Brian
Haney.
Absent: Council Member Buddy Maness.
Mayor Harris stated that Council Member Maness requested and has received an excused absence from
the meeting.
INVOCATION
Mayor Harris opened the meeting at 7:00 p.m. and asked Council Member Joey Tart to give the invocation.
Afterwards, the Pledge of Allegiance was repeated.
AGENDA ADJUSTMENTAND APPROVAL
Motion by Mayor Pro Tom Robinson and seconded by Council Member Galbreath to adopt the August 9,
2011 meeting agenda with changes, if any, as listed below.
Agenda Adjustment:
• Allow Items #3 & #5 under Public Hearings (Rezoning Request PZ -01 -11 & PZ- 02 -11) to be
heard and then move immediately to Items #9 & #11 (Rezoning Request PZ -01 -11 & PZ -02-
11) under Items for Decision and then move to the other issues under Public Hearings as
dictated.
Items Added to the Agenda:
• none
Agenda Items Removed:
• none
Motion unanimously approved.
PUBLIC COMMENT PERIOD
Mayor Harris opened the floor for a (30) minute public comment period.
Mr. James Clark, PO Box 117, Dunn, NC — He resides at 611 N. Wilson Avenue, Dunn, NC — He stated
that he looks forward to a polite campaign. He will not criticize anyone until he shows something worthy
or more beneficial to the community than what they have done, then he will be very vocal. There are a lot
of things they have to do with regard to jobs. He would hope that if he aspires to what he is trying to
obtain, then no one in this City would get a City contract unless they hire a percentage of all people,
regardless of race, especially those that are black and those that remain stay silent. He added that one of
the most persons he adores in the City is the police department. They work very hard. He wants the
elected leaders to just say what they can do and tell instead of saying something about ObamaCare because
he is the leader of this Country and it's disrespectful in regards to other Countries that see us. He
appreciates coming before the Council, he is not adverse to the community and he hopes to see it progress
positively.
Hearing no further comments, the public comment period was closed.
Mayor Hams opened public hearings at 7:09 p.m.
PUBLICHEARINGS
Rezoning Request PZ -01 -11
WLB Rentals
PIN #1516 -75- 4278.000
609 E. Pearsall Street
Mayor Harris stated that the public has been notified that oral and written comments will be heard and
received concerning the request by WLB Rentals to rezone a parcel of land, totaling .17 acres t, located at
609 E. Pearsall Street.
This property is currently zoned R -7; Single - Family Dwelling District and is requested to be rezoned to
RM; Multi- Family Dwelling District.
155.
The public hearing was duly advertised on July 12, 26 and August 2, 2011.
Mayor Harris asked if there was anyone present who wished to speak for or against this rezoning request.
Ms. Hilda Smith, representing Dunn Advent Christian Church located at 700 E. Pearsall, stated that they
oppose the rezoning of this property which is located directly across from the church parking lot. They
already seriously need a 4 -way stop sign on this corner. They believe to rezone this property would
increase traffic and it would present more danger for the church and entire community. They request denial
of this rezoning request. She is speaking as a representative of the church but they do have more church
members present in the audience.
Ms. Glenda Barnhill, 506 S. Layton Avenue, Dunn, NC, stated that she is the property owner and she asked
the Council to give this their very best thought. The Council's decision will have a big impact on her as
well as other citizens of Dunn. Some of the tenants are present in the audience tonight; this is their home
and all they can afford. She asked the Council for their utmost thought.
Mr. Marvin Chance, 201 N. Holland Avenue, Dunn, NC, stated that he watches over the tenants, they are
all on social security, cannot afford to go to a hotel, and have no other place to go. He asked the Council to
find it in their heart to not have these people homeless and out on the streets. He asked the Council to find
a spot in their heart to let these people have an affordable place to stay.
Ms. Christine Lee, 6635 Main Street, Wade, NC, stated that she is the property manager of both WLB and
Barnhill Rentals. She asked the Council to consider changing the zoning for the following reasons:
• Most of the tenants that live in the boarding house are on a fixed income. They are either disabled
or on social security.
• The average cost to live in a senior citizens village in Dunn is between $2000 and $5000 per
month depending on private insurance or private paid.
• Mr. Chance provides transportation to and from doctor appointments, pharmacies and the grocery
store.
• If these tenants lived at a hotel, they would have to pay for a cab or rely on the Harnett Area
Transit System.
• Their limited income pays for their room, utilities, companionship with other boarders, and
transportation. House rules do not allow drinking, smoking, pets or drugs.
• Her office receives calls every day from people looking for a house, yet if this rezoning is not
approved, they will have to displace eleven more people. She will try and find some type of
housing for these eleven people. They've spent time, effort and money to make sure these men
and one woman have a roof over their head.
• Since the tenants do not drive cars, they are helping the City to cut down on traffic.
• She mentioned other duplexes located in the area.
• For the last three years, this property has been used as a boarding house and they are here to
rectify it and make it legally right.
Mr. James Clark, 611 N. Wilson Avenue, Dunn, NC, stated that he admires Mr. Chance for what he said.
He walks this neighborhood at night and he knows it is very safe. No one can predict the economy. On
behalf of these people, they have never collected the debt they are owed from the fact that it is not your
fault, they were brought here through the history of slavery when this was Indian land so I will say let them
dwell there, they have caused no harm and if any one of them do any harm to you, there is a policeman
there, tell them James Clark was at fault and he will serve the time for them.
Hearing no farther comments, Mayor Harris closed the public hearing
Rezoning Request PZ -02 -11
Barnhill Rentals
PIN #1516 -65- 9207.000
406 S. Washington Avenue
Mayor Harris stated that the public has been notified that oral and written comments will be heard and
received concerning the request by Barnhill Rentals to. rezone a parcel of land, totaling .25 acres t, located
at 406 S. Washington Avenue.
This property is currently zoned R -7; Single - Family Dwelling District and is requested to be rezoned to
RM; Multi- Family Dwelling District.
The public hearing was duly advertised on July 12, 26 and August 2, 2011,
Mayor Harris asked if there was anyone present who wished to speak for or against this rezoning request.
Ms. Christine Lee, 6635 Main Street, Wade, NC, reiterated the same facts as stated during PZ- 01 -11. She
stated there are eleven people between. the two boarding houses; five live in the boarding house on Pearsall
and six live in this property.
Mr. Matt Capps, 1200 Meadowlark Road, Dunn, NC, stated that he is a member of Dunn Advent Church
next door. His observation is that these people already live in these houses and the rezoning will allow the
owner to bring in more people /tenants.
Mr. Marvin Chance, 201 N. Holland Avenue, Dunn, NC, stated this rezoning will not bring more traffic; St.
Johns Terrace, Hamburger Haven and Washington Heights traffic is already there. The limit is six (6)
156
people at each house. Some of these people earn $409 per month and could not afford to pay the rent in
other places. He asked the Council to let this touch their heart and let these people have somewhere to live
comfortably.
Mayor Harris stated that the Council received a letter /petition signed by 85 people of Dunn Advent
Christian Church opposing the rezoning of 609 E. Pearsall Street. A copy of the petition submitted by Dunn
Advent Church opposing Rezoning Request PZ -01 -11 is incorporated into these minutes as Attachment #1.
Hearing no further comments, Mayor Harris closed the public hearings at 7:32 p.m.
Conditional Use Permit CU -01 -11
i WLB Rentals
PIN #1516- 754278.000
609 E. Pearsall Street
With denial of Rezoning Request (PZ- 01 -11) for this property, this public hearing was not held.
Conditional Use Permit CU -02 -11
Barnhill Rentals
PIN #1516 -65- 9207.000
406 S. Washington Avenue
With denial of Rezoning Request (PZ- 02 -11) for thisproperty, this public hearing was not held.
ITEMS FOR DECISION
Rezoning Request PZ -01 -11
WLB Rentals
PIN #1516- 754278.000
609 E. Pearsall Street
Mayor Harris stated that this is a request to rezone a parcel of land, totaling .17t acres, located at 609 E.
Pearsall Street. This property is currently zoned R -7; Single Family Dwelling District and is requested to be
rezoned to RM; Multi- Family Dwelling District.
The Planning Board met on July 19, 2011, 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 voted to
recommend denial of this request. There were 3 votes in favor of the denial and 2 votes against the denial.
Mayor Harris asked for comments from City Planner Samantha Lloyd
Ms. Llloyd stated that the R -7 and RM uses are similar in nature. They both allow single family detached
dwellings, duplexes with a minimum lot size of 20,000 square feet and public and private garden. All of
the surrounding property is zoned residential and most of the property is used as residential, vacant land or
the church parking lot. This house is 1,787 square feet.
Mayor Harris reminded the Council that they must have four members voting in the affirmative to over -ride
the recommendation of the Planning Board.
Council Member Joey Tart asked Ms. Lloyd how this rezoning issue developed.
Ms. Lloyd explained that a complaint was received from a former tenant and when a Minimum Housing
Inspection was made of the property by the Chief Building Inspector, it was brought to the attention of the
Planning Department that this property was not in compliance with the current zoning standards. .
Council Member Tumage asked Ms. Lloyd if this property could be renovated to a duplex. Ms. Lloyd
responded that in order to have a duplex, the lot size must be a minimum of 20,000 square feet and this lot
does not meet that standard.
Council Member Galbreath asked City Attorney Pope if this item of business could be tabled until the
September meeting for the purpose of additional research. Mr. Pope responded yes, however, this property
would remain in non - compliance during that time.
Council Member Joey Tart stated that he doesn't think it is in the best interest of the City to open up houses
of this size on parcels of land of this size to be multi- family dwellings.
Motion by Council Member Joey Tart and seconded by Mayor Pro Tern Robinson to deny the request from
WLB Rentals to rezone a parcel of land (PIN #1516 - 754278.000) totaling .17f acres and located at 609 E.
Pearsall Street from R -7; Single Family Dwelling District to RM; Multi- Family Dwelling District based
on the following justification:
1) The City of Dunn Land Use Plan identifies this area as residential use on the future land use map.
This property is located in area three of the Land Use Plan. This property is in a residential area.
2) The amendment is inconsistent with the surrounding land uses which are mainly single - family
dwellings and not multi- family dwellings.
3) The permitted uses in the RM District are similar to the permitted uses in the R -7 district but the
surrounding property owners feel that this type of dwelling would be detrimental to the area.
157
Motion unanimously approved to deny.
Rezoning Request PZ -02 -11
Barnhill Rentals
PIN #1516 -65- 9207.000
406 S. Washington Avenue
Mayor Harris stated that this is a request to rezone a parcel of land, totaling .25t acres, located at 406 S.
Washington Avenue. This property is currently zoned R -7; Single Family Dwelling District and is
requested to be rezoned to RM; Multi - Family Dwelling District.
The Planning Board met on July 19, 2011, to review the request and ask for comments from the public. �A
After hearing comments from the public and the request from the applicant, the Planning Board voted to
recommend denial of this request. There were 3 votes in favor of the denial and 2 votes against the denial.
Motion by Council Member Tumage and seconded by Council Member Billy Tart to deny the request from
Barnhill Rentals to rezone a parcel of land (PIN #1516 -65- 9207.000) totaling .25t acres and located at 406
S. Washington Avenue from R -7; Single Family Dwelling District to RM; Multi- Family Dwelling District
based on the following justification:
1) The City of Dunn Land Use Plan identifies this area as residential use on the future land use map.
This property is located in area three of the Land Use Plan. This property is in a residential area.
2) The amendment is inconsistent with the surrounding land uses which are mainly single - family
dwellings and not multi- family dwellings.
3) The permitted uses in the RM District are similar to the permitted uses in the R -7 district but the
surrounding property owners feel that this type of dwelling would be detrimental to the area.
Motion unanimously approved to deny.
Council Member Turnage applauded property owner, Glenda Barnhill, for trying to do the right thing by
going through the rezoning process. He hopes that the current tenants that will be displaced will find
adequate housing quickly.
Council Member Galbreath asked City Administration to give these tenants up to sixty days to relocate to
suitable and adequate housing.
Attorney Pope stated that upon this denial, the Planning Department will provide notice to the property
owner and tenants which will in effect, give the tenants sixty days in which to relocate.
City Attorney Pope explained that based on the denial of the rezoning requests, the Council cannot take
action or consider the conditional use permits because the properties are not properly zoned. (Items #4 &
#6 Public Hearings for CU -01 -11 and CU -02 -11 and Items for Decision #10 & #12 for CU -01 -11 and CU-
02-11 will not be considered based on the denial of both rezoning requests).
Conditional Use Permit CU -01 -11
WLB Rentals
PIN #1516 -75- 4278.000
609 E. Pearsall Street
With denial of Rezoning Request (PZ- 01 -I1) for this property, this matter of business was not
considered.
Conditional Use Permit CU -02 -11
Barnhill Rentals
PIN #1516 -65- 9207.000
406 S. Washington Avenue
With denial of Rezoning Request (PZ- 02 -I1) for this property, this matter of business was not
considered.
CONSENTTlEMS
Minutes — Council considered approval of minutes of the July 12, 2011 City Council meeting.
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 (R2011 -27) is
incorporated into these minutes as Attachment #2.
Motion by Council Member Billy Tart and seconded by Council Member Joey Tart to approve all consent
items. Motion unanimously approved.
ITEMS FOR DECISION CONTINUED
Consideration to Request
Traffic Investigation for
600 Block of E. Cumberland Street
158
Mr. Doug Heath, Vice -Chair of the Planning Board stated that the Planning Board has been progressive and
proactive during the last two years. This is a request from the Dunn Planning Board asking for approval
from the Council, to request fiuther investigation from the North Carolina Department of Transportation,
into the vehicle and pedestrian traffic located at the 600 block of E. Cumberland Street.
Some of the planning board members met at the 600 block of E. Cumberland Street and upon completing
their observations of the area, they presented information to the complete board. The board unanimously
voted to approach the Council for support on a request to NCDOT for further study of the pedestrian
hazards located in this area. It is the Planning Boards' position that something can be done to minimise the
hazards that face pedestrians in this area.
Mr. Heath explained that several pedestrians have been hit in this area. During his observation of this area,
he witnessed baby carriages crossing, cars slamming on brakes, and groups of five or six crossing the road
with no one using the comer; everyone was crossing in the middle of the block. Mr. Heath stated that
fifteen percent of the Dunn population does not have access to an automobile.
Mayor Harris pointed out that NCDOT would study the entire area; this would not be an isolated study of
just the 600" block.
Motion by Council Member Galbreath and seconded by Mayor Pro Tem Robinson to recommend approval
of the request for investigation of the 600 block of E. Cumberland Street from the NCDOT. Motion
unanimously approved.
Eastover Sanitary District
Water Purchase Contract
Manager Autry explained that Eastover Sanitary District has requested to purchase water from the City of
Dunn. This is a twenty (20) year water purchase contract and is summarized as follows:
The City of Dunn will extend a twelve (12) inch water line for approximately 11 %z miles along
Highway 301 South beginning at the Hamett/Cumberland County line to tie into the existing water
system of Eastover.
• The new water line construction shall be completed in time for Dunn to begin selling water to
Eastover by March 1, 2012.
• Eastover agrees to purchase a minimum of 300,000 gallons of water per day at the current bulk
rate of $1.90 per 1,000 gallons and as established annually by the fee schedule.
The City of Dunn will obtain all financing up to 3M to construct the new water line.
Eastover will pay the City of Dunn monthly payments as determined by the Note over a period of
• twenty (20) years.
• Eastover shall contractually be obligated to continue the bulk water purchase from the City of
Dunn for the entire twenty (20) year period even if they pre -pay the Note.
Manager Autry stated that the Eastover Sanitary District Board has already executed the contract. It is
presently being engineered by Hobbs Upchurch Engineering at the request of Eastover Sanitary District and
at their expense. The City of Dunn is looking to finance this project for ten (10) years at an approximate
annual debt payment of $50,000. After the ten (10) year period, all revenues would continue to be paid to
the City by Eastover Sanitary District for an additional ten (10) years.
Mayor Harris spoke of the benefits in extending the City infrastructure. When the debt is paid off, the City
will transfer the line to Eastover. Eastover has agreed to handle the maintenance of this line.
Motion by Mayor Pro Tem Robinson and seconded by Council Member Joey Tart to adopt the twenty (20)
year water purchase contract agreement between the City of Dunn and Eastover Sanitary District. Motion
unanimously approved. A copy of the water line purchase and water purchase agreement between the
City ofDunn and Eastover Sanitary District is incorporated into these minutes as Attachment #3.
ITEMS FOR DISCUSSION
AND /OR DECISION
Financial Report
Finance Director Mark Stephens provided the following financial report for the period ending June 30,
2011:
• As of June 30, 2011, the City had $2.8M in cash in the General Fund and $2.4M in the Water -
Sewer Fund. In June of 2010 the City had $2.8M in the General Fund and $2.3M in the Water -
Sewer Fund.
• Investment earnings are in the .35 % -.20% range. This is within the budgeted range.
• Building permit fees were $75,707 or 108.15% of budget. The City should be at 100.00% of
budget.
• Water and sewer revenues were $43M or 103.00% of budget. The City should be at 100.00% of
budget.
• Average fuel cost in June for unleaded was $2.90 per gallon and diesel was $3.20 per gallon. The
City budgeted $2.25 a gallon. Thru June, the City is currently $29,000 over budget.
• Sales tax distributions were $1,266,237 or 93.79% of budget. The City is $83,700 below the
budgeted amount.
159
• Expenditures were 96.83% of budget in the General Fund and 88.98% of budget in the Water and
Sewer fund. The benchmark for this period is 100.00% of budget.
• The pre - audited estimated amount that will be added to fund balance is $35,000.
ADMINISTRATIVE REPORTS
Motion by Council Member Tumage and seconded by Council Member Galbreath to approve the
Administrative Reports. Motion unanimously approved.
ANNOUNCEMENTS
The following announcements and/or comments were made.
Mayor Harris:
➢ Wednesday, August 10 h — 6:00 pm — Dunn Community Development Corporation will hold an
organizational meeting at the Brass Lantern.
➢ Thursday, August 11th — 6:30 pm — Open House in the PAL cafeteria for Revitalization Area
Needs Study for the area north of Broad Street and east of Railroad Avenue — Planning consultant
and developer Bill Farris will facilitate this meeting. The public is invited and encouraged to
attend. This is a necessary component to qualify the surrounding neighborhood as a Community
Revitalization Area.
➢ Tuesday, August 16`h — 11:00 am — The public is invited to a ribbon cutting /open house at the Dr.
P.K. Vyas Recreation Center to celebrate the renovation of the fitness room.
➢ City offices will be closed on Monday, September 5th in observance of Labor Day.
➢ The next regular City Council meeting is scheduled for Tuesday, September 13, 2011 at 7:00 pm.
➢ 12 -under Dixie Major Boys won the State Championship in Charlotte and will now compete in the
Dixie Majors World Series this weekend in Carthage, NC. Recreation Director Perry Hudson can
provide additional information.
➢ Thanked the City of Dunn Parks and Recreation for hosting the 8 -under State Tournament recently
held at Tyler and Tart Park. He thanked Director Hudson for the time and extra effort he devotes
to the children and this organization.
He signed contracts for the Downtown Revitalization Project and they will be forwarded to
USDA. Construction is set to begin Monday, August 15, 2011.
Council Member Tumage:
➢ Davis - Martin- Powell & Associates provided a time -line for downtown construction which was
well received during the Downtown Revitalization Meeting held in the courtroom last night.
Council Member Galbreath:
➢ Requested an update regarding the traffic light on Tilghman Drive and Erwin Road.
➢ Requested that CSX be contacted about the condition of the railroad crossing on Cumberland.
Requested all jobs be posted on the government channel in order to reach a broader range of
diverse people to give them an opportunity to apply.
Manager Autry:
➢ All easements /right- of- ways/signatures and releases have been submitted to DOT for the traffic
light at Tilghman Drive and Ervin Road and he is awaiting a response from DOT. All documents
are in place.
➢ An email was sent to the NC DOT Rail Division yesterday inquiring about the condition of the
Cumberland street crossing and asking them to evaluate the crossing.
➢ Asst. City Manager Neuschafer and Public Works Director Billy Addison went to Selma today
and met with a representative of CSX about crossings, a situation with the Downtown
Revitalization Project along the railroad, concerns about sidewalk crossing over at Broad and
Cumberland and CSX is willing to work with the City on this project.
➢ Round -a -bout at Powell and Ashe has been placed on the State's Transportation Improvement
Plan. The next stage is for funding to purchase some additional right -of -way to accommodate the
large size of the round -a -bout. The following year, it will be funded.
Council Member Joey Tart:
➢ National Night Out was well attended. He thanked all organizations involved.
With no further business to discuss, a motion was made by Council Member Turnage and seconded by
Council Member Billy Tart to adjourn the meeting at 8:29 p.m. Motion unanimously approved.
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City Clerk
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