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1006200572 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Thursday, October 6, 2005, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor J. Dal Snipes, Mayor Pro -Tem Donnie Olds, Council Members Buddy Maness, Bryan Galbreath, Billy Tart, Billy R. Godwin, Jr. and Joey Tart. Also present was City Manager Mike Uskiewicz; 'Human Resources /Safety Officer Moses Gallion, Recreation Director Perry Hudson, Police'Chief Tim Benware, Fire Chief Austin Tew, City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter Lisa Farmer. INVOCATION Mayor Snipes opened the meeting at 7:00 p.m. and asked Council Member Godwin to give the invocation. Afterwards, the pledge of allegiance was repeated. PUBLIC COMMENT PERIOD Mayor Snipes opened the floor for a (30) minute public comment period. Hearing no comments, the public comment period was closed. Mayor Snipes closed the regular meeting and opened public hearings at 7:03 p.m. PUBLICREARINGS REZONING REQUEST — PZ 06 -05 201 S. ORANGE AVENUE PIN #1516 -48- 2136.000 The public has been notified that oral and written comments will be heard and received concerning the request by Billy and Nicole Dinh (Representative) for Jernigan's Auto Sales, L.L.C. (owner) to rezone one parcel of property located at 201 S. Orange Avenue (corner of S. Orange Avenue and W. Cumberland Street on the south side of W. Cumberland and on the east side of S. Orange Avenue). This property is currently zoned C -O Commercial Office and is requested to be rezoned to C -4 Neighborhood Business District. The public hearing was duly advertised on September 20, 2005 and September 27, 2005. Mayor Snipes asked if there was anyone present to speak for or against this rezoning request.' Mr. Chuck Turnage of 610 W. Divine Street came forward. He stated that his home is located on the corner of S. Orange Avenue adjacent to 201 S. Orange Avenue. He has lived there since 1986. He pointed out that this is one of the oldest residential neighborhoods in Dunn, dating back to the early 1900's. Mr. Tonnage spoke against this rezoning request for the intended purpose of a nail salon. He added that other permitted uses such as drug stores, independent grocery stores, convenient stores, barber shops, beauty shops, laundromats, and churches are not desirable for this location in their neighborhood. He added that the integrity of the family- oriented neighborhood will be jeopardized should this rezoning be granted. The neighborhood consists of young couples with young growing families, middle aged families and senior citizens. Mr. Turnage stated that the most significant concern is that all permitted uses within the code would allow for businesses that have extended hours which would require signage and lighting; thus taking away from the charm of this neighborhood. The increased volume of traffic at W. Cumberland and S. Orange would add to the already congested and dangerous area. This would be a significant safety hazard. Mr. Turnage stated that the drastic change in landscaping and curb appeal to allow for parking would be designed for a business and not a residence. He added that there is ample vacant commercial buildings through -out Dunn without changing the complexity and serenity of this neighborhood. He thanked the Planning Board for allowing him to voice his concern during their meeting about this rezoning and forwarding a recommendation to the City Council for disapproval. He urged the Council to concur with the Planning Board's recommendation. Mr. Marshall Miller, attorney representing Mr. and Mrs. Dinh stepped forward. He explained that the current location of Mr. and Mrs. Dinh's operation, The Nail Palace, is being sold to Walgreens, therefore, his clients have purchased this property in excess of $200,000.00 in order to open The Nail Palace there. Mr. Miller gave examples of allowed uses in the current C -0 classification. He stated that he understood the neighbor's concern about the integrity of the neighborhood; however he added that this is a situation where you have to pick your evils. He has suggested to the neighborhood that they sit down together to discuss this issue and go over the site plan to make this as least intrusive to the neighborhood. He asked that the City Council table this matter until an opportunity is given to work out this request with the neighbors. Mr. Miller pointed out that the C -0 District does allow for the type of businesses that would dramatically increase traffic in this neighborhood. He would like to give the neighbors an opportunity to resolve this 73 issue and put a business in place there that would not interfere or minimize the integrity of the neighborhood. Mr. Miller explained that Mr. and Mrs. Dinh have been in Dunn for ten years. They employ six (6) people and have been good corporate citizens of Dunn. They deserve to have some consideration as well. People that want to invest their money in the City should be given an opportunity to operate and run their business. All along Highway 421, offices can be seen. He respectfully requested that the City Council consent to changing this zone to C -4. Mayor Snipes asked if anyone else would like to speak for or against this rezoning request. Judge Wiley Bowen, representing Mr. and Mrs. Thompson, stepped forward. He stated that if the City Council tables this matter, it will only prolong the agony and anguish felt by the people of this neighborhood. He pointed out that should this property be rezoned, the ownership could change in the future, making it wide open for other businesses to come in. Judge Bowen stated that the laws and facts in this situation suggest that the City Council should concur with the Planning Board's recommendation. He pointed out that Section 22 -2 of the Dunn City Code states that the zoning regulations and the districts set forth in this Chapter have been made in accordance with a comprehensive plan. Before the ordinance was adopted, there was a comprehensive plan put together for the City. The ordinances were adopted from this comprehensive plan based upon the districts and the recommendations of a lot of input that went into the comprehensive plan. Purposes of this plan used terms such as promoting general welfare, reasonable consideration, character, particular suitability, conserve the value of buildings and to encourage the most appropriate use. Judge Bowen pointed out that citizens who bought property in this neighborhood did it knowing that the ordinances were in place and that they could rely on that. He explained that this area is a buffer area, a residential area on one side and a business area on the other side and in between there is a buffer. Businesses and residential areas have to meet at some point with a buffer between the two. This buffer is the result of a comprehensive plan as a result of an ordinance adopted and in place. Judge Bowen stated that should the council reject the Planning Board's recommendation and approve this change to the business, it would not be in keeping with the code. He added that the changes would not improve nor conserve the value of the homes on S. Orange and W. Divine Street and it would not encourage citizens to purchase and improve the homes on S. Orange. The proposed changes would not be in keeping with the comprehensive plan. When the law is considered, the evidence is applied and the facts are found, the Planning Board's recommendation should be concurred with. Mayor Snipes asked if there was anyone else present to speak for or against this rezoning request. Hearing none, motion by Mayor Pro -Tem Olds, seconded by Council Member Maness to close the public hearing and reconvene the regular council meeting at 7:17 p.m. Motion unanimously approved. CONSENTITEMS Mayor Snipes asked if there were any consent items that Council wished to pull for further discussion. Hearing none, the following items were considered by Council: Minutes - Council considered approval of minutes of the September 1, 2005 Council meeting. Tax Releases/Refnnds- Council considered approval of Tax Releases/Refunds #61 - #77. Tax Releases /Refunds are filed in the office of the Tax Collector. Motion by Council Member Joey Tart, seconded by Mayor Pro -Tem Olds to approve all consent items. Motion unanimously approved. Motion by Council Member Joey Tart, seconded by Mayor Pro -Tem Olds to add to the agenda the following item for Decision: Blocking of Street — Magnolia Avenue frone the corner of Granville Street to Cole Street ITEMS FOR DECISION REZONING REQUEST — PZ 06 -05 201 S. ORANGE AVENUE PIN #1516 -48- 2136.000 At the time of application, a request was received from Billy and Nicole Dinh (Representative) for Jernigan's Auto Sales, L.L.C. (owner) to rezone one parcel of property located at 201 S. Orange Avenue. Since the application filing, Billy and Nicole Dinh have purchased this property. This property is currently zoned C -O Commercial Office and is requested to be rezoned to C -4 Neighborhood Business District for the purpose of operating a nail salon. The Planning Board met on September 27, 2005 and unanimously recommended to deny this rezoning request. Mayor Pro -Tem Olds stated that during the Planning Board meeting, there was a concern that establishing a business would further add additional traffic to Highway 421. He also pointed out some of the other concerns that were mentioned tonight. 74 Motion by Mayor Pro -Tern Olds, seconded by Council Member Godwin to deny the request by Billy and Nicole Dinh to rezone 201 S. Orange Avenue from C -O Commercial Office to C -4 Neighborhood Business District. Mayor Snipes asked if there was further discussion. Council Member Godwin stated that this City Council is pro- business and they do a lot of things to encourage business and development in order to foster growth from an economic stand - point. He does not want this denial request to be perceived by the public as being anti - business. He has spoken with all the people involved with this request, including Mr. and Mrs. Dinh. The neighbors that are opposed to this request have weighed the options and they understand that the current use of this property is C -O and it could be used for one of those permitted uses. Council Member Godwin pointed out that the neighbors would like for this property to remain as a residential use. They understand that the current zone of C -O would allow for a business as long as it is in compliance with the C -0 permitted uses: however, as a C -0 permitted use, the property can still be used as a residence. If it was rezoned to C -4, then residential uses would not be allowed. He thanked the citizens who represented both sides of this issue for their open dialog and communication with him and each other. Mayor Snipes asked if there was further discussion. Council Member Maness pointed out another concern. In viewing the Planning Board's meeting tape, the Chairman of the Planning Board asked the acting Planning Director if this change would constitute spot zoning in light of the fact that there are not any C -4 properties surrounding this particular piece of property. City Manager Uskiewicz responded that this would constitute spot zoning since it does not fall within the comprehensive plan. Motion carried 5 -1. Ayes Noes Olds Galbreath Godwin Maness Billy Tart Joey Tart CONSIDERATION OF PROPOSAL TO PREPARE NATIONAL REGISTER NOMINATION FOR DOWNTOWN HISTORIC DISTRICT Manager Uskiewicz explained to the Council that before them is a proposed submittal from an individual who comes highly recommended and qualified to prepare a National Registry for the Downtown Business District. A historic study was conducted by Harnett County and the study concluded that portions of Dunn's downtown district did meet certain criteria to be included in the National Register for historic significance. Monies were budgeted ($15,000) to hire a consultant in order to accomplish this National Register nomination. The City is at a point where they need to hire the proposed consultant, Diane Young of Salisbury, in order to accomplish the necessary steps. Mayor Pro -Tern Olds asked if the downtown area is nominated by the commission as a historic district, does it open the door for special grant money. Manager Uskiewicz responded there are various tax incentives for property owners that do work on these facilities. Manager Uskiewicz stated that this proposal only covers the downtown district and not the residential district. The price would change only if the council decided to have the residential area evaluated for historic significance. Motion by Council Member Joey Tart, seconded by Council Member Billy Tart to approve the proposal of $4,850.00 submitted by Downtown Graphics Network, Inc. to provide services for a National Register Nomination for the Downtown Dunn Historic District. Mayor Snipes asked if there was further discussion. Council Member Maness asked if an excess of $4,850.00 is required, would this come back before the council for approval. Manager Uskiewicz responded yes. Motion unanimously approved. VOTING DELEGATE 2005 NCLM BUSINESS MEETING The North Carolina League of Municipalities will hold their annual business meeting on Tuesday, October 18, 2005 at 8:45 a.m. in Hickory. 75 Any municipality that plans to attend must have their governing board authorize a voting delegate and an alternate voting delegate to attend this meeting in order to cast a vote. Motion by Council Member Galbreath, seconded by Council Member Maness to designate Mayor Pro -Tem Olds as a voting delegate and Mayor Snipes as an alternate voting delegate representing the City of Dunn, NC at the 2005 North Carolina League of Municipalities annual business meeting on Tuesday, October 18, 2005 in Hickory. Motion unanimously approved. RESOLUTION AUTHORIZING THE SURPLUS AUCTION The City Council is being asked to adopt a resolution which authorizes City Manager Michael Uskiewicz to hold a public auction to sell surplus personal property on Saturday, October 22, 2005 at 9:00 a.m. at the Public Works Impound Lot. Motion by Council Member Godwin, seconded by Council Member Joey Tart to adopt the Resolution Authorizing Manager Uskiewicz to hold a public auction to sell surplus personal property on October 22, 2005. Motion unanimously approved. A copy of this Resolution (R2005 -16) Authorizing the Su7plus Auction is incorporated into these minutes as Attachment #1. RESOLUTION AUTHORIZING THE DISPOSITION OF PROPERTY BY PRIVATE SALE The City Council is being asked to adopt a resolution which authorizes City Manager Michael Uskiewicz to dispose of a 1997 Freightliner Leaf Track (VIN #1FV6HLAA4VH729577) by private sale. Mr. Uskiewicz explained that some surrounding municipalities are interested in purchasing this truck. Motion by Council Member Galbreath, seconded by Mayor Pro -Tem Olds to adopt the Resolution Authorizing Manager Uskiewicz to dispose of the 1997 Freightliner Leaf Truck by private sale at fair market value. Mayor Snipes asked if there was further discussion. Council Member Maness asked if a purchase price has been determined. Manager Uskiewicz responded that he will find the fair market value of this equipment prior to making the sale. Motion was amended by Galbreath /Olds by adding fair market value. Motion unanimously approved. A copy of this Resolution (R2005 -17) Authorizing the private sale of surplus property is incorporated into these minutes as Attachment #2. BLOCKING OF STREET MAGNOLIA AVENUE A request was received today from Rebecca Leggett to block Magnolia Avenue from the corner of Granville Street to Cole Street on Saturday, October 22, 2005 from 2:00 p.m. until 6:00 p.m. for the purpose of a family reunion. Motion by Mayor Pro -Tem Olds, seconded by Council Meruber:Galbreath to grant the request to block Magnolia Avenue from Granville Street to Cole Street on Saturday, October 22, 2005 from 2:00 p.m. until 6:00 p.m. Motion unanimously approved. Mayor Snipes added that this is a large family gathering with a lot of children and family members going back and forth from 908 N. Magnolia Avenue to an open field area across the street. ITEM FOR DISCUSSION AND /OR DECISION FLOOD PREVENTION ORDINANCE/MAPS Mayor Snipes yielded to City Manager Uskiewicz. Manager Uskiewicz stated that this issue is actually an administrative report. Mr. Uskiewicz stated that the new flood insurance rate maps have arrived. A meeting will be held by FEMA and the flood plain mapping people sometime in October. At that time, FEMA will be soliciting public input and information. Mr. Uskiewicz explained that the purpose of this statement is make the public aware that these maps are on file. Should residents want to view the maps to find if their property has been added or deleted from the flood plain, the maps will be available in the administration office. The offices are open from 8:00 a.m. - 5:00 p.m. Monday through Friday. Mr. Uskiewicz stated that he attended a meeting on September 27, 2005 and found that the proposed flood prevention ordinance will become mandatory. There are some areas of Dunn that have been deleted but there are other areas that have been added. This may be a concern to some of the developers and citizens. He asked that the public come in to view these maps. 76 ADMINISTRATIVE REPORTS Motion by Council Member Galbreath, seconded by Council Member Billy Tart to approve the Administrative Reports. Motion unanimously approved. EXECUTIVE REPORTS Council Member Maness thanked the fire, police, and rescue personnel and the council members that attended the community service on September 11, 2005 at Glad Tidings Church. It was a great event. Mayor Pro -Tem Olds thanked the citizens of District 2 and 3 for their attendance and support at the recent district meeting as well as the city officials for sharing ideas, suggestions and information to the citizens who were present. Citizens were encouraged to become involved in the monthly council meetings. Council Member Galbreath also thanked the citizens of District 2 and 3 for their participation in the recent district meeting. He thanked the Police Department and officers for the fine job they are doing in protecting the city. He recently had an opportunity to do a ride along with the officers. Council Member Joey Tart pointed out that the recent ribbon cutting held at the new Recreation Center was great. He thanked Dr. Vyas for his generous gift to the center as well as the other donors. It is a great facility. He is proud that this facility was built under the leadership of this council. Mayor Snipes commended Mayor Pro -Tem Olds and Council Member Galbreath for hosting the recent District 2 and 3 meeting. It was a well attended meeting and they have received good feed -back. He reminded the council of the upcoming NCLM meeting in Hickory. Mayor Snipes encouraged the public to visit the new Recreation Center. He gave special thanks to Recreation Director Perry Hudson and his staff as well as the Public Works staff in getting this facility open. Mayor Snipes announced that Council Member Joey Tart has just returned from a relief mission in the hurricane areas. Also Council Member Billy Godwin will be heading out soon to assist this area. He asked Council Member Joey Tart to give a report of his recent visit to this hurricane area. Council Member Joey Tart reported on the devastation of these areas. He also reported on the support that North Carolina is giving this area. Groups are feeding 5,000 to 6,000 people per day. He stated that it is the human spirit and love of God that draws people to help these areas. It gives you an overly blessed feeling once you come back home and see what you have. Mayor Snipes recognized and congratulated City Manager Uskiewicz on his accomplishment as being one of twenty five students graduating from the first class of the Public Executive Leadership Academy at the Institute of Government, University of North Carolina in Chapel Hill. This course coveted a six month period. With no further business to discuss, the meeting was adjourned at 7:45 p.m. Mrr OITY p� t., �'GORP0R ��� S FAL .,1AA^Jf��\\.ttff ^r"',Th' CA ROB -��e'' �� " 1111110,,, Debra G. West City Clerk /�1