10132011164
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Thursday, October 13, 2011, at 7:00
p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem. N.
Carnell Robinson, Council Members Buddy Maness, 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, Human Resources Director Anne Thompson, Planning Director Samantha
Lloyd, Chief Building Inspector Mike Blackmon, Police Chief B.P. Jones, Recreation Director Perry
Hudson, City Engineer Michael Goliber, City Attorney P. Tilghman Pope, City Clerk Debra West
c 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 Tom Robinson and seconded by Council Member Joey Tart to adopt the October 13,
2011 meeting agenda with changes, if any, as listed below.
Items Added to the Agenda:
• Presentation of Advanced Certification to Sgt. Pepe Aguilar
• Presentation of Criminal Investigator Certification to Lt. David Register
Agenda Items Removed.
• none
Motion unanimously approved.
PRESENTATIONS
Proclamation Presentation
International Walk to School Month
Safe Routes to School Program for Wayne Avenue School
Mayor Harris and City Planner Lloyd presented a proclamation to Ms. Janie Tew, representative of Wayne
Avenue Elementary School and SRO Officer Ricky Jackson, in recognition of their participation and
dedication to the Safe Routes to School Program. A copy of International Walk to School Proclamation
(P2011 -25) is incorporated into these minutes as Attachment #1.
Presentation of Advanced Certification -
Sgt. Pepe Aguilar
Police Chief Jones and Mayor Harris presented the Criminal Justice Education and Training Standards
Commission Advanced Law Enforcement Certificate to Sgt. Pepe Aguilar.
Presentation of Criminal Investigator Certification-
Lt. David Register
Police Chief Jones and Mayor Harris presented the Criminal Investigator Certification to Lt. David
Register. Chief Jones explained that the Criminal Investigator Certificate Program is designed for
investigators and is sponsored by the North Carolina Department of Justice and the North Carolina Justice
Academy. The program is part of a five year program. Upon completion, the credits are reviewed and the
NC Attorney General and the Director of the North Carolina Justice Academy sign off on the approval of
the issuance of the certificate.
PUBLIC COMMENT PERIOD
Mayor Harris opened the floor fora (30) minute public comment period.
Hearing no comments, the public comment period was closed.
Mayor Harris opened public hearings at 7:12 p.m.
PUBLICREARINGS
Conditional Use Permit CU -03 -11
City of Dunn
PIN #1516 -97- 1590.000
610 E. Johnson Street
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Mayor Harris stated that this is a request for a Conditional Use Permit [Zoning Ordinance Article IX
Section 22-461 (4) (i) c.] from the City of Dunn. The conditional use will allow for Multi - Family
Dwellings/Apartments at 610 E. Johnson Street.
This request is to allow the construction and operation of apartments. The property is currently being used
for the police athletic league, senior center and a day care. The apartments would occupy the previous
Harnett Training School with a maximum of 45 units. The area is surrounded by residential and recreation
uses.
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 September 20, 27 and October 4, 2011.
Mayor Harris yielded to City Attorney Pope.
City Attorney Pope introduced CU 03 -11 a request by the City of Dunn for the issuance of a conditional
use permit to allow for Multi -Family Dwellings /Apartments at 610 E. Johnson Street. 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:
Applicant, Assistant City Manager Steven Neuschafer
Planning Director Samantha Lloyd
Explanation of Proceeding
Attorney Pope explained that testimony will first be given by City Planner Samantha Lloyd and then from
the applicant which is the City 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 03 -11 Conditional Use Permit Application and asked
for testimony from City Planner Samantha Lloyd.
Testimony from the Planner
Planner Lloyd asked that the documents contained behind tab #10 in the City Council packet which
includes the conditional use application, Planning Department staff report, statement of justification from
the applicant and a map of the property be entered as evidence. (A copy of these documents entered as
evidence for Case #CU 03 -11 Conditional Use Permit is incorporated into these minutes as Attachment
#2).
Ms. Lloyd stated that this property at 610 E. Johnson Street is approximately 9.41 acres. The building in
question is approximately 7,000 square feet. The proposed conditional use is for apartments /multi - family
dwellings. The approximate number of current parking spaces is 60. The existing zoning on the property
is RM; Multi- Family District. The land uses to the North are residential, to the South is Codrington Park
pool/tennis courts/basketball court, to the East and West is residential. The map provided outlines the
building/structures and what is in each building including the PAL gym, senior center, education building,
daycare and parking area. It is currently a mixed use center. Parking spaces required would be one per
dwelling unit which would be 45; currently 60 are provided. The future land use in this area is identified as
residential and is in area two of the land use plan. This property has existing driveway access onto E.
Johnson Street and all utilities are provided at this location. There is ample room for parking, including
handicap parking. The adjacent property uses are residential and recreation in nature.
At the end of the City Planner's testimony, Attorney Pope asked if there were any questions of the City
Planner.
Council Member Turnage asked Ms. Lloyd if the center building is 610 E. Johnson Street. Ms. Lloyd
responded that the whole property is addressed as 610 E. Johnson Street. Mr. Turnage asked if this
property will be subdivided. Ms. Lloyd responded when they approach this, they will re- address
appropriately.
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.
Assistant City Manager Neuschafer stated that this application is for the senior apartment proposal that the
City of Dunn and Dunn Community Development Corporation is preparing an application for. The
maximum number of units the application covers is 45. The application is for the property itself and all the
apartments may or may not go into the center building. The final schematic of the apartment layout has not
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been finalized yet. This application and conditional use permit required for the property, needs to be
submitted in January. Although they are very close to working towards a final design, it is not finalized so
he would like to apply for the property itself. As with any conditional use permit, it will run with the
Property. This property is owned by the City and may or may not be transferred or leased or sold; that is to
be determined in the future. The property and conditional use will run with the property no matter who the
owner would be. They are specifically speaking of the first four buildings (PAL gym /offices, training
school, senior center, education building) as far as the over -all renovation of the property. There will be
some adjustments to the parking as necessary. All zoning requirements would be adhered to with the site
plan approval and building permit at the proper stage. Buffers, parking and landscaping are all parts of the
application; all these stipulations and existing set -backs will be adhered to as well. The City needs the
component of the 45 apartment dwelling units to be accepted and passed on.
Attorney Pope asked the Council if they had any questions ofthe applicant/proponents
Council Member Turage asked Mr. Neuschafer what will happen to the footprint of the PAL program;
will they co -exist with the apartment complex or will they move to another place. Mr. Neuschafer
responded that a meeting was held with the PAL leadership to receive input on their future needs as well,
and he anticipates PAL staying on the same campus; they would not want to see them leave since they are a
key component of the whole idea of a mixed use campus; having the different age groups interacting.
City Attorney Pope entertained questions from other parties for the applicant /proponents. None were
heard.
Testimony from Opponents
No one spoke in opposition ofthe request.
Attorney Pope entertained further questions from the City Council members for the applicant, proponents,
opponents, orfor the planner or other sworn persons. 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.
With no further testimony, a motion was made by Council Member Billy Tart and seconded by Council
Member Turage to close the public hearing for CU -03 -11 at 7:25 p.m. Motion unanimously approved.
` Minutes — Council considered approval of minutes of the September 13, 2011 City Council meeting.
Budget Amendments — Council consideration approval of Budget Amendments 91 - #2. A copy of BA #1-
#2 is incorporated into these minutes as Attachment #3.
Proclamation - Council considered approval of a proclamation designating October 16 -22, 2011 as National
Friends of Libraries Week. Council Member Joey Tart read the proclamation. A copy of Proclamation
(P2011 -26) designating National Friends of Libraries Week is incorporated into these minutes as
Attachment #4.
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 -29) is
incorporated into these minutes as Attachment #5.
Resolution — Council considered approval of a resolution urging residents of the City of Dunn to observe a
safe and courteous Halloween on Monday, October 31, 2011. Council Member Galbreath read the
resolution. A copy of Resolution (82011 -30) designating Trick -or- Treating on October 31, 2011 is
incorporated into these minutes as Attachment #6.
Motion by Council Member Joey Tart and seconded by Mayor Pro Tem Robinson to approve all consent
items. Motion unanimously approved.
ITEMS FOR DECISION
Conditional Use Permit CU -03 -11
(' City of Dunn
i' PIN #1516 -97- 1890.000
610 E. Johnson Street
Manager Autry explained that this request is for the operation of apartments at 610 E. Johnson Street
This property is currently zoned R -M; Multi- Family Dwelling District
The Planning Board met on September 27, 2011, 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 unanimously to approve this request.
Motion by Council Member Galbreath and seconded by Mayor Pro Tem Robinson to approve CU -03 -11
based on the following findings of fact:
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1. The use requested is listed among the conditional uses in the district for which the application is
made. Per the zoning ordinance Article LYDivision I Section 22 -461 (4)(1) c, the Conditional Use
is listed in the ordinance.
2. The requested use is essential or desirable to the public convenience or welfare. The requested use
is desirable to the public because the new apartment complex will be creating affordable, safe
housing.
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. The property currently has a steady
flow of vehicular and pedestrian traffic due to the PAL Center, Senior Center and Daycare on
site; therefore, the increased population will not greatly impact the traffic and surrounding areas.
4. The requested use will be in conformity with the land development plan. The location of this
request is surrounded by two different zoning districts; the issuance of this permit will be
appropriate with the anticipated growth pattern of future residential and governmental 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.
Motion unanimously approved.
Adoption of Engineering Design and
Construction Standards
Mr. Michael Goliber, City Engineer with Davis -Martin -Powell & Associates (DMP) explained that DMP in
conjunction with City of Dunn personnel completed a draft Engineering Design and Construction Standards
document for review by the North Carolina Department of Environment and Natural Resources ( NCDENR)
and Public Water Supply Sections (PWSS). An application for approval was submitted along with the draft
document for review. The document was approved by PWSS after comments were received and changes
made to satisfy their requirements. The document will be utilized for future City of Dunn projects upon
approval by the City Council.
All construction, both development and city projects, shall conform to the City of Dunn Engineering
Design and Construction Standards; in conjunction with the Code of Ordinances of the City of Dunn and
any requirements and dimensions on City approved construction plans. It is the intent of this specification
to provide materials of the highest standard known to the trade and to provide materials free from defects in
workmanship and project. It is also the intent of this specification to provide uniformity of materials on
City of Dunn projects. The review of future projects by NCDENR and PWSS will be enhanced due to
prior approval of these design and construction standards.
Council Member Tumage asked Mr. Goliber if he could provide an example of how this document will be
used. Mr. Goliber responded that if someone wanted to build a new building and they did not know what
form water meter, back -flow preventer, etc. was required, this document would help standardize those
pieces of equipment. Another example would be drive -way apron standards or subdivision standards.
Motion by Mayor Pro Tern Robinson and seconded by Council Member Turnage to adopt the City of Dunn
Engineering Design and Construction Standards. Motion unanimously approved.
Consideration of Community Service
Contribution to Harnett County Disabled
American Veterans Chapter 74
A letter was received from Commander Jarvis L. Bynum and Adjutant Joanne J. Creswell of the Harnett
County Disabled American Veterans (DAV) Chapter 74, officially requesting a donation of $1,000 or any
financial donation from the City of Dunn to help the DAV continue their work for veterans.
Motion by Council Member Tumage and seconded by Council Member Maness to approve a contribution
of $1,000 to Harnett County DAV Chapter 74. Motion unanimously approved.
ITEMS FOR DISCUSSION
AND /OR DECISION
Financial Report
Finance Director Mark Stephens provided the following financial report for the period ending August 31,
2011:
• As of August 31, 2011, the City had $13M in cash in the'Geneml Fund and $2.4M in the Water -
Sewer Fund. In August of 2010 the City had $13M in the General Fund and $23M in the Water -
Sewer Fund.
• Investment earnings are in the .35 % -.20% range. This is within the budgeted range.
• Building permit fees were $10,277 or 12.85% of budget. Benchmark for this month is 16.67% of
budget.
• Water and sewer revenues were $844,574 or 19.42% of budget. Benchmark for this month is
16.67% of budget.
• Average fuel cost in August for unleaded was $2.78 per gallon and diesel was $3.09 per gallon.
The City budgeted $3.00 per gallon.
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Sales tax distribution was $140,264 or 10.51% of budget. Benchmark for this month is 8.33% of
budget.
Expenditures were 15.50% of budget in the General Fund and 13.74% of budget in the Water and
Sewer fund. The benchmark for this period is 16.67% of budget.
The draft audit report is complete. The audit report will be filed with the LGC by October 31,
2011.
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.
Mayor Harris:
➢ 2011 North Carolina League of Municipalities Conference will be held on October 23 -25 in
Raleigh, NC. Manager Autry, Assistant Manager Neuschafer, Mayor Harris and Council Member
Tumage plan to attend.
➢ "Trick or Treat' ' times will be observed in the City limits of Dunn on Monday, October 31n from .
early evening until 8:30 p.m.
13" Annual Touchstone Energy Cotton Festival will be held on Saturday, November 5th from 10
a.m. until 4 p.m. at Tart Park.
➢ The next regular City Council meeting is scheduled for Tuesday, November 8, 2011 at 7:00 pm.
➢ Hospice of Harnett County will be celebrating its 25h anniversary of serving patients on Sunday,
November 6h from 2 -4 pm at Simply Divine Bed and Breakfast.
➢ Harnett Health Central Hospital Topping Out Celebration on Friday, October 28" at 11:30 am at
the construction site at 578 W. Cornelius Harnett Blvd. in Lillington. Lunch will be provided and
anyone who plans to attend will need to RSVP.
Council Member Tumage;
➢ Veterans Day Ceremony on Sunday, November 6`° at the General William C. Lee Museum. Guest
speaker will be Sgt. Major Campbell of Ft. Bragg.
Council Member Maness:
➢ There are a variety of other alternatives for "Trick or Treating ". A number of Fall Family
Festivals will be going on at local churches, Glad Tidings Church and Tart Park.
Manager Autry:
➢ City Clerk Debbie West will make contact with the Council to set up a tentative work session date
before the next regular City Council meeting for the purpose of discussing several utility projects
that are developing.
Council Member Galbreath:
➢ Requested the City Manager and Police Department investigate a concern on E. Hamett .Street at
the intersection of N. Sampson Avenue & McNeil Circle as it relates to cars racing through this
area - the citizens that reside there have requested a study. He suggested a four (4) way stop sign
there and asked for a report back at the November Council meeting
Council Member Joey Tart:
➢ He and his wife are celebrating their 26 year anniversary today; twelve of which he has served on
the Council. He expressed his appreciation to his wife for her support.
➢ He congratulated Billy Barfield for his great campaign and victory; while disappointed, he is not
sad because he still has plenty to do.
With no further business to discuss, a motion was made by Council Member Joey Tart and seconded by
Council Member Maness to adjourn the meeting at 7:50 p.m. Motion unanimously approved.
Attest:
Debra G. West
City Clerk
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Oscar N. Harris
Mayor