1201200581
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Thursday, December 1, 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, Asst. City Manager/Public Works
Director Ronnie Autry, Human Resources /Safety Officer Moses Gallion, City Planner Steven
Neuschafer, Recreation Director Perry Hudson, Police Chief Tim Benware, City Engineer Ed Powell,
City Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter Lisa Farmer.
INVOCATION
✓ Mayor Snipes opened the meeting at 7:01 p.m. and asked Council Member Galbreath 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 7:04 p.m.
PUBLIC HEARINGS
REZONING REQUEST — PZ 07 -05
PIN #1516 -74 -3294
120 SPRING BRANCH ROAD
The public has been notified that oral and written comments will be heard and received concerning the
request by Fred C. Hawley, Jr. (Representative) for Barbara W. Bass/Nancy C. Hawley (Owners) to rezone
one parcel of property located at 120 Spring Branch Road (.42 acre on the south side of Spring Branch
Road between S. Little Avenue and E. Canary Street).
This property is currently zoned R -M Residential Multi - Family and is requested to be rezoned to C -3
Highway Commercial District.
The public hearing was duly advertised on November 15, 2005 and November 22, 2005.
Mayor Snipes asked if there was anyone present to speak for or against this rezoning request. Hearing none,
public hearing was closed.
REZONING REQUEST — PZ 08 -05
PIN #1516 -67 -4968
PIN #1516 -67 -5913
103 W. HARNETT STREET
The public has been notified that oral and written comments will be heard and received concerning the
request by Saving Grace Ministries/lan C. Thornton (Representative) for Machine and Welding Supply
Company, Inc. (Owner) to rezone two parcels of property located at 103 W. Harnett Street (on the south
side of West Harnett Street at the intersection of Railroad Avenue).
This property is currently zoned I -10 Restricted Industrial District and is requested to be rezoned to C -1
Central Commercial District.
The public hearing was duly advertised on November 15, 2005 and November 22, 2005.
Mayor Snipes asked if there was anyone present to speak for or against this rezoning request. '
Mr. Ian Thornton of Saving Grace Ministries stepped forward to speak in favor of this rezoning request.
Mr. Thornton stated that Saving Grace Ministries has served the public for the last five (5) years. They
provide help for those with alcohol and drug addictions, give out food and assist the needs of people.
Mayor Snipes asked if there was anyone else present to speak for or against this rezoning request.
Hearing none, motion by Council Member Billy Tart, seconded by Mayor Pro Tem Olds to close the public
hearings and reconvene the regular council meeting at 7:06 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 November 3, 2005 Council meeting.
Tax Releases/Refunds- Council considered approval of Tax Release/Refund #83. Tax Releases /Refunds are
filed in the office of the Tax Collector.
FN
Permit to Continue Business under Original License at New Location- Council considered approval of a
Privilege License Permit to continue a business (Candy Bouquet - Johnnie Gautier) from 604 -A Dunn Erwin
Road to 124 -A E. Broad Street based upon approval of the new location by the Fire Department and
Building Inspections Department. Privilege License Permits to continue business under original license at
a new location are filed in the office of the Tax Collector.
Motion by Council Member Joey Tart, seconded by Council Member Galbreath to approve all consent
items. Motion unanimously approved.
ADJUSTMENT OFAGENDA
Motion by Council Member Godwin, seconded by Council Member Maness to add the following items to
the agenda:
Items for Decision:
Authorizing Resolution -Clean Water Management Trust Fund Grants Program
Authorizing Resolution - Supplemental Grants Program
Closed Session
Motion unanimously approved
ITEMS FOR DECISION
REZONING REQUEST PZ 07 -05
PIN #1516 -74 -3294
120 SPRING BRANCH ROAD
A request was received from Fred C. Hawley, Jr. (Representative) for Barbara W. Bass and Nancy C.
Hawley (Owners) to rezone one parcel of property located at 120 Spring Branch Road (.42 acre on the
south side of Spring Branch Road between S. Little Avenue and E. Canary Street).
This property is currently zoned R -M Residential Multi - Family District and is requested to be rezoned to
C -3 Highway Commercial District.
The Planning Board met on November 22, 2005 and unanimously recommended approval of this rezoning
request.
Mayor Snipes yielded to City Attorney Pope for comments.
Attorney Pope stated that in reviewing this rezoning case, none of the adjacent properties abutting the
property in question are zoned commercial. They are all zoned residential. This would be considered spot
zoning which under most circumstances is not legal in the State of North Carolina; however, in his
research, it is legal in the State of North Carolina to do spot zoning if it is supported by a reasonable basis.
There are a number of factors that the courts will look at in determining whether a spot zoning was
reasonable. Some of the factors include:
• The size of the tract being rezoned
• The compatibility with the land use if it is rezoned
• The benefits to the owners of the property if rezoned
• The detriment to the surrounding properties if rezoned
• The relationship between the proposed use and the existing use of the surrounding properties
Mr. Pope stated that if the City Council is inclined to rezone this property, it would be appropriate that the
council make some findings that some of the factors listed above have been met. He advised that the
council send this case back to the Planning Board and request that they take into consideration all of the
factors and make some findings and recommendations to the council for consideration at the January
meeting.
It was discussed that the Planning Board review this case again and bring back written findings of facts to
the council.
Motion by Mayor Pro Tern Olds, seconded by Council Member Godwin to refer the rezoning request for
120 Spring Branch Road (PIN #1516 -74 -3294) back to the Planning Board for reconsideration. Motion
unanimously approved.
REZONING REQUEST PZ 08 -05
PIN #1516 -67 -4968
PIN #1516 -67 -5913
103 W. HARNETT STREET
A request was received from Saving Grace Ministries/Ian C. Thornton (Representative) for Machine and
Welding Supply Company, Inc. (Owners) to rezone two parcels of property located at 103 W. Harnett
Street (on the south side of W. Harnett Street at the intersection of Railroad Avenue).
This property is currently zoned I -10 Restricted Industrial District and is requested to be rezoned to C -1
Central Commercial District.
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The Planning Board }nqt on November 22, 2005 and unanimously recommended approval of this rezoning
request.
Motion by Council Member Galbreath, seconded by Mayor Pro Tem Olds to approve the request by Saving
Grace Ministries/Ian C. Thornton to rezone 103 West Harnett Street (PIN #1516 -67 -4968 and #1516 -67-
5913) from I -10 Restricted Industrial District to C -1 Central Commercial District. Motion unanimously
approved.
ADOPTION OF
2030 LAND USE PLAN
The City Council was presented with the proposed 2030 Land Use Plan document at the November Council
Meeting.
Discussion was held about having a workshop at a later date to review this document.
The council discussed scheduling a work session to review this large document.
Mayor Snipes entertained a motion to table.
Motion by Mayor Pro Tern Olds, seconded by Council Member Maness to table adoption of the 2030 Land
Use Plan. Motion unanimously approved.
RESOLUTION TO CREATE CIVIC CENTER
COMMITTEE
City Attorney Pope explained that this resolution establishes a Civic Center Committee. During the
November Council meeting, there was discussion about the council creating an advisory committee with
respect to the future of the former Civic Center property that is owned by the City of Dunn. It was
suggested that a committee be created where each council member would appoint one person to represent
their district and the Mayor would appoint someone at- large.
This committee will consist of a seven (7) member committee charged with investigating the current
condition of the Civic Center and the possible future uses of the Civic Center for the public use and benefit
of the City of Dunn. Included within their responsibilities would be the possible future uses, the cost that it
would take to implement any of those uses and potential funding sources for any of those recommendations
that they might bring forward to the council. They would summarize all of the options and recommend one
of them to the council. The resolution provides for a six (6) month time period from the date of adoption
for the committee to complete their work and to prepare a written report and oral presentation back to the
City Council with respect to their duties. The City Manager, City Planner, and City Clerk and such
additional city staff as might be necessary will assist them to carry out their duties.
Motion by Mayor Pro Tem Olds, seconded by Council Member Galbreath to adopt the Resolution to Create
a Civic Center Committee. Motion unanimously approved. A copy of Resolution (R2005 -19) Creating a
Civic Center Committee is incorporated into these minutes as Attachment #1.
It was discussed that Recreation Director Perry Hudson assist in an advisory capacity to this committee.
APPOINTMENTS TO CIVIC
CENTER COMMITTEE
At the November Council meeting, Mayor Snipes recommended that a seven (7) member committee be
appointed at the December Council Meeting to consider the future of the Civic Center property. Each
council member was asked to nominate a citizen from their district and the Mayor would nominate at at-
large member to serve on this committee. The nominees are as follows:
At -large Member
Keith Finch
400 S. Orange Avenue
District 1
Buddy Creed
202 Eldridge Drive
District 2
Hoover Adams
1403 Lakeshore Drive
District 3
Michael Bethea
106 N. Washington Avenue
District 4
Brad Heath
107 Winterlochen Drive
District 5
Walt Smith
611 W. Pearsall Street
District 6
Joe Miriello
103 Shelly Drive
Motion by Council Member Joey Tart, seconded by Council Member Billy Tart to accept the appointments
presented to serve on the Civic Center Committee. Motion unanimously approved.
ADOPTION OF CITY COUNCIL
MEETING DATES FOR 2006
The following council meeting dates were proposed for the year 2006.
01 -05 -06 07 -06 -06
02 -02 -06 08 -03 -06
03 -02 -06 09 -07 -06
04 -06 -06 10 -05 -06
05 -04 -06 11 -02 -06
06 -01 -06 12 -07 -06
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Motion by Council Member Maness, seconded by Council Member Joey Tart to adopt the 2006 Council
meeting dates as presented. Motion unanimously approved.
STATE OF N.C.
DEVELOPMENT ZONE
REDESIGNATION
As authorized in N.C.G.S. 105- 129.3A, the purpose of the state development zone is to provide economic
incentives to stimulate new investment and job creation in economically distressed urban areas. The
redesignation was last approved in January, 2005. Unless changed by legislation, this extension will keep
the zone in effect until January 1, 2008. The City of Dunn has included the Town of Erwin in this
development zone.
Motion by Mayor Pro Tern Olds, seconded by Council Member Maness to approve the application for
redesignation of the Development Zone for the City of Dunn and authorize the Mayor to sign. Motion
unanimously approved. A copy of the Development Zone Application for the City of Dunn is incorporated
into these minutes as Attachment #2.
AWARD OF BID
WATER PLANT IMPROVEMENTS
Manager Uskiewicz explained that bids were received on Tuesday, November 22, 2005 for water plant
improvements; however, they came in higher than projected. He asked that the Council table this item.
Motion by Council Member Joey Tart, seconded by Council Member Galbreath to table the award of bid
for water plant improvements. Motion unanimously approved.
RESOLUTION TO REDUCE SPEED LLVHT
US HIGHWAY 421 FROM I -95 SOUTH
TO THE DUNN CITY LIMITS
The City Council does not have the authority to set the speed limits on state maintained highways, therefore
the Council is being asked to adopt a Resolution requesting that the Department of Transportation lower the
speed limit from 55 mph to 45 mph on US Highway 421 from I -95 South to the Dunn City Limits. With
the construction of a new shopping center, 55 mph is too fast for the increased amount of traffic on this
portion of US Highway 421.
Assistant City Manager/Public Works Director Ronnie Autry explained that this resolution is in 1
conjunction with moving the City Limit Sign for the newly developed area of Highway 421 that was
annexed into the City Limits. The Department of Transportation (DOT) will not move the City Limit Sign
until the City submits a new map to DOT. Also DOT advised that now would be the time to request a
reduction of speed in this location.
Motion by Mayor Pro-Tern Olds, seconded by Council Member Billy Tart to adopt the Resolution
requesting to reduce speed to the Department of Transportation on US Highway 421 from I -95 South to the
Dunn City Limits. Motion unanimously approved. A copy ofResolution (R2005 -20) to request DOT to
reduce speed is incorporated into these minutes as Attachment #3.
ITEM FOR DISCUSSION
AND /OR DECISION
POLICE STAFFING PROPOSAL
The Council is being asked to review a proposal with regard to police staffing issues. It would cost
approximately $100,000 per year ($78,000 in salary and benefits and $22,000 for cars and equipment) to
develop a proposed plan for additional staffing.
Police Chief Benware stepped forward and explained the proposal is to hire two (2) new officers as soon as
possible for a mid shift patrol. Mid shift will be a two (2) week rotating shift working from 1:00 p.m. to
1:00 a.m. Monday thru Thursday and from 3:00 p.m. to 3:00 a.m. on Friday, Saturday and Sunday. This
covers the most active period of time.
This proposal came with the help of a group of officers that formed in September, 2004. Overtime is not
sustainable over long periods of time therefore new staff was proposed.
At the end of the Governor's Highway Safety Grant program on September 30, 2006, it is proposed that
those two (2) officers be reassigned and added to the two (2) shifts, thereby giving them two (2) additional
officers each night throughout the week to cover mid shift from 1:00 a.m.untill:00 p.m. or 3:00 a.m. until
3:00 p.m.
Chief Benware explained that these new officers will be assigned to relieve stress on manpower during
peak crime times through increased patrols in target areas.
The proposed additional staff would require tapping into the fund balance.
Motion by Mayor Pro -Tem Olds, seconded by Council Member Galbreath to authorize Chief Benware to
hire two (2) additional police officers as soon as possible. Motion unanimously approved.
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Council Member Godwin commended Chief Benware for proposing this plan in reaction to public concerns
received.
ITEMS FOR DECISION
AUTHORIZING RESOLUTION
CLEANWATER MANAGEMENT
TRUST FUND GRANTS PROGRAM
The City of Dunn is pursuing a North Carolina Clean Water Management Trust Fund Grant in the amount
of $2,995,000 to assist the City in financing improvements to the sewer system to reduce overflows to
Mingo Swamp and the Black River. The Eastside pumping system will be expanded and Equalization
Facilities will be added to the Wastewater Treatment Plant.
Manager Uskiewicz stated that this is a re- application to resubmit for this grant. Modifications were made
to the 2005 -2006 budget with regard to rate structures to qualify the City for this grant.
City Engineer Ed Powell stepped forward to explain that the City did not receive funding for this grant
previously because the average water and sewer rates for average users did not hit what was considered a
high unit cost level, meaning the bill was less than 1 %z% of the median family household income. Actions
by the Council to adjust the water and sewer rates in the 05 -06 budget brought the City above the high unit
cost level; thereby, enhancing the City's eligibility to receive this'grant. -
These needed improvements at the wastewater treatment plant will avoid overflows which are the source of
fines and penalties that the City of Dunn has been faced with.
The City should know if they have been selected for this grant by March or April of 2006.
Motion by Council Member Joey Tart, seconded by Council Member Godwin to adopt the Authorizing
Resolution to apply for a Clean Water Management Trust Fund Grant. Motion unanimously approved. A
copy of Resolution (R2005 -21) authorizing the City to applyfor the CRMTFG is incorporated into these
minutes as Attachment #4.
AUTHORIZING RESOLUTION
SUPPLEMENTAL GRANTS PROGRAM
City Engineer Powell explained that the City of Dunn received a Capacity Building Grant from the Rural
Center to conduct a water and sewer rate study. The City was successful in receiving two (2) $400,000
grants to undertake sewer line rehabilitation and replace deteriorated pipe systems in the City.
The Rural Center now has money left from these programs and is accepting applications for small grant
amounts. This supplemental grant application will be submitted to the Rural Center in an effort to help the
City pay the local match requirement for the Clean Water Management Trust Fund Grant.
Motion by Council Member Joey Tart, seconded by Council Member Maness to adopt the Authorizing
Resolution to apply for the Supplemental Grants Program. Motion unanimously approved. A copy of
Resolution (R2005 -22) authorizing the City to apply for a Supplemental Grants Program is incorporated
into these minutes as Attachment #5.
ADMINISTRATIVE REPORTS
Motion by Mayor Pro Tem Olds, seconded by Council Member Galbreath to approve the Administrative
Reports. Motion unanimously approved.
EXECUTIVE REPORTS
Council Member Joey Tart expressed sympathy to the family of Daily Record Reporter Robert McNeill,
who passed away recently.
Council Member Godwin wished everyone a safe and Merry Christmas and he thanked the City staff for
providing an updated code book.
Council Member Billy Tart wished everyone a Merry Christmas and Happy New Year.
Council Member Maness wished everyone a Merry Christmas and prosperous and blessed New Year. He
thanked everyone that attended the community Thanksgiving service.
Mayor Pro Tern Olds wished everyone a Merry Christmas and prosperous New Year
Council Member Galbreath thanked the pastor and members of St. John Missionary Baptist Church for
reaching out to the community on November 19, 2005 in the "Feed the Children" Event. He wished a
Happy Holiday to the community.
Manager Uskiewicz wished a Happy Holiday to the city staff. He commended the Code Enforcement staff,
and Police and Public Works Department staff in their efforts to clean up an area on E. Broad Street that
was addressed during a recent public comment period.
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Mayor Snipes thanked all of the council for their hard work this year. He commended the council in their
actions of support for the Police Department tonight.
Mayor Snipes wished everyone a Merry Christmas and wished everyone a safe holiday season.
Mayor Snipes entertained a motion to go into closed session.
8:04 p.m. Motion by Council Member Godwin, seconded by Council Member Billy Tart to enter closed
session to discuss a personnel and legal matter. Motion unanimously approved.
Closed Session
9:15 p.m. Closed Session Adjourned
Motion by Mayor Pro -Tern Olds, seconded by Council Member Maness to approve the minutes of the
closed session as recorded by City Attorney Tilghman Pope. Motion unanimously approved.
With no further business to discuss, the meetinj was adjourned at 9:16 p.m.
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Mayor
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City Clerk
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