05042006MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
121
The City Council of the City of Dunn held a Regular Meeting on Thursday, May 4, 2006, at 7:00 p.m.
in the Dunn Municipal Building. Present was Mayor J. Dal Snipes, Mayor Pro Tern Donnie Olds,
Council Members Buddy Maness, Bryan Galbreath, Billy Tart, Billy R. Godwin, Jr. and Joey Tart.
Also present was Interim City Manager Ronnie Autry, Human Resources Officer Moses Gallion,
City Planner Steven Neuschafer, Librarian Mike Williams, Police Chief Tim Benware, City
Attorney P. Tilghman Pope, City Clerk Debra West, and Daily Record Reporter Jason Beck.
INVOCATION
Mayor Snipes opened the meeting at 7:00 p.m. and asked Pastor Joann Mercer of Grove Presbyterian
Church to give the invocation. Afterwards the Pledge of Allegiance was repeated.
AGENDA AD JUSTMENT
Interim City Manager Autry explained this addition to the agenda process.
Motion by Council Member Godwin, seconded by Council Member Joey Tart to adopt the May 4, 2006
meeting agenda with changes, if any, as listed below.
Items Added to the Agenda: Closed Session to discuss real property
Agenda Items Removed: none
Other Changes: none
PUBLIC COMMENT PERIOD
Mayor Snipes opened the floor for a (30) minute public comment period.
Mr. Carrell Robinson stepped forward to bring to the Council's attention the number of pre- teenage
children on the street after appropriate hours. He noted that the same problem exist during school hours for
school -age children. They appear gang affiliated by their dress. He asked that the Council consider
implementing an age appropriate curfew for the City as other surrounding cities have. He thanked the
Council for any consideration given to his comments.
PUBLIC HEARINGS
REZONING REQUEST
PZ 02 -06
PIN #1516 -38 -2808
1005 W. CUMBERLAND STREET
The public has been notified that oral and written comments will be heard and received concerning the
request by Jernigan Brothers, Inc. to rezone one parcel of property located at 1005 W. Cumberland Street
(15,000 square feet — street frontage 100 feet).
This property is currently zoned R -10 Single Family Dwelling District and is requested to be rezoned to
C -O Office and Institutional District.
The public hearing was duly advertised on April 11, 2006 and April 25, 2006.
Mayor Snipes asked if there was anyone present to speak for or against this rezoning request
Attorney Dwight Snow, representative for the applicants stepped forward and stated that his comments will
apply to both properties being considered for rezoning tonight. He represents both petitioners. He gave the
background of these properties. Both lots front Highway 421 and are located across the street from Wayne
Avenue Shopping Center which is zoned C -2 Shopping Center District. Both lots have a street frontage of
100' and a depth of 150' and on each lot is located a single family residential house. These properties have
been used for rental purposes for the past several years. Currently 1001 W. Cumberland is occupied by a
rental family and 1005 W. Cumberland is vacant. The Jernigan Brothers would like to receive the highest
and best use for their property. With the change from residential to commercial use occurring along the
421 corridor, the Jernigan Brothers would like to join into this as far as the improvement of the property
and getting the best use out of it. Mr. Snow asked the Council to follow the recommendation of the
Planning Board which considered both of these petitions at its April 18' meeting. He stated that the
Planning Board covered the four (4) points in determining a rezoning petition and unanimously adopted a
recommendation for the Council to rezone these properties from R -10 to C -0. Those 4 points are:
• The rezoning is reasonable based upon the surrounding conditions. The two (2) major business
corridors in Dunn are I -95 and Highway 421. In the last few years, several houses along Highway
421 have been rezoned from residential houses to commercial uses (usually office /institutional
uses). He gave examples of similar uses in this particular area. The Council recently rezoned the
Ciconne property on the corner of S. General Lee and Highway 421 to C -O.
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The impact of the zoning change is in the public interest and does not significantly harm the
surrounding properties. Commercial growth is what every small town is searching for, to benefit
its citizens. With increased commercial use, you find increased economic activity and an increase
in the tax base. When changing the zoning, the significance of the impact of the zoning on the
surrounding properties of the neighbors is minimal. The potential of harm to the surrounding area
would be less. These properties have previously been rented to good and bad tenants. An office
setting would present a better environment for this area.
The zoning changes are warranted due to changing conditions in the Highway 421 area. The 2030
Land Use Plan calls for commercial growth among the I -95 and Highway 421 corridor.
The rezoning achieves the purpose and is consistent with the Land Use Plan. He read page 79-
section 5 of the Land Use Plan which states that "the City of Dunn will need to plan for 834 -1100
new areas in commercial property. The 2020 growth strategy should be to encourage infill
commercial within the City Limits where approximately 230 acres of vacant commercial lands and
100 acres of vacant office lands are designated in the future use plan for commercial purposes."
Mr. Snow pointed out that this rezoning request complies with the comprehensive Land Use Plan.
Mr. Snow stated that the Jernigan Brothers desire to be good neighbors. Prior to bringing this petition
forth, they spoke with the majority of their neighbors that did not oppose this rezoning request. A small
number of neighbors that live on Divine Street, on the back side of this property might be opposed to some
of the potential uses under Office/Institutional. He offered letters of support from several contiguous
property owners such as Ed Oliphant, Marcus Phillips, Jeffrey Surles stating they are not opposed to this
rezoning request.
Mayor Snipes asked if there was anyone else present to speak for or against this rezoning request.
Mr. William N. Creel, Jr. stepped forward to speak in reference to both properties (1001 & 1005 W.
Cumberland). He owns an adjacent property. He spoke with concerns about this rezoning. Of the five (5)
parcels contiguous to this rezoning, he has received permission to speak on behalf of James and Jane Yates,
Mr. Ed Oliphant and Marie Warren. He added that Mr. Oliphant has signed a letter giving the Jernigan
Brothers no opposition to professional office or institutional use. Mr. Creel stated that he did not oppose
office and institutional type uses for this property. He stated that after meeting with Planning Director
Neuschafer and receiving a copy of the allowed uses in a C -0 District, he became concerned about other
uses that may be allowed there. He stated that five (5) surrounding property owners are also concerned
with the allowed uses. He is not objecting to the proposed use by the Jernigan's but he is opposed to the
possible other uses of this property. He agreed that the rezoning request met all criteria as stated by
Attorney Snow. He is concerned with the broad uses allowed in the C -O District that may impact the
neighborhood. He requested that the Council recognize that families live in this area and would like
protection from the potential future uses that could be allowed in these dwellings. In speaking with City
Council Member Godwin, a proposed overlay district was suggested. r �
Mr. John Tart of 905 W. Divine Street stepped forward. He stated that he along with other property owners
have an interest in the additional uses allowed in the C -O District. He does not have a problem with the
Jernigan's proposed use; however, he suggested an overlay district from General Lee Avenue to Watauga
Avenue to put restrictions for offices /low traffic businesses/businesses for daytime hours. Residents would
have some protection if an overlay district was considered.
Mr. Joe Miriello, state certified real estate appraiser of 103 Shelley Drive stepped forward and stated that
Mr. Jernigan contacted him and asked what was the highest and best use of this property. He told Mr.
Jernigan that from I -95 to the Erwin City Limits, 99% of the land bordering Highway 421 has the best use
as commercial. He understands the neighbors concerns. He cautioned that if the Council starts restricting
commercial property, then everyone's property could apply. He stated that common sense tells you that
some of the allowed uses such as a golf course, hospital, etc. cannot be put on these lots. He hopes the
Council does not start restricting certain uses within a category.
Mr. Glynn Jernigan stepped forward. He stated that he does not propose any use that would hurt the
neighborhood. He asked that he be treated like anyone else in the Highway 421 area who has applied for
C -O (commercial offices). He does not ask for any special zoning district.
Mr. Lynn Jernigan stated that he respects these neighbors. He asked that the Council consider the rezoning
of this property to C -O.
Mrs. Lillian Leggotino, an adjoining neighbor, spoke in support of the rezoning.
REZONING REQUEST
PZ 03 -06
PIN #1516 -38 -2882
1001 W. CUMBERLAND STREET
The public has been notified that oral and written comments will be heard and received concerning the
request by Cecil Glynn Jernigan (owner) to rezone one parcel of property located at 1001 W. Cumberland
Street (15,000 square feet — street frontage 100 feet).
This property is currently zoned R -10 Single Family Dwelling District and is requested to be rezoned to
C -O Office and Institutional District.
The public hearing was duly advertised on April 11, 2006 and April 25, 2006.
Mayor Snipes stated that this property is adjacent to 1005 W. Cumberland. All public comments heard for
the previous property will apply to this parcel as well.
Mayor Snipes asked if there were any additional comments from the public. Hearing none, public hearing
was closed.
ORDINANCE AMENDMENT
REQUEST — OA -01 -06
DIVISION 4 — SECTION 311
OFF -SITE ADVERTISING SIGNS
(BILLBOARDS)
The public has been notified that oral and written comments will be heard and received concerning the
request by Roy S. Tart and Ricky D. Tart to amend the maximum size of Off -Site Advertising Signs
(Billboards).
The current size is 400 square feet and the request is to allow up to 1200 square feet.
The public hearing was duly advertised on April 11, 2006 and April 25, 2006.
Mayor Snipes asked if there was anyone present to speak for or against this ordinance amendment request.
Mr. Ricky D. Tart, applicant and resident of Oak Island, North Carolina, stepped forward and stated that
East of I -95 is a busy corridor. The City of Dunn Code limits outdoor advertising signs to 400 square feet.
The State of North Carolina limits billboards to 1200 square feet. Interstate 95 corridor is the only area that
he is asking the Council to consider. The existing signs in this area range from 480 square feet to 900
square feet. He and his brother, Roy Tart request that the Council consider raising the size from the current
400 square feet to a size more in line with existing signs (480'- 900').
Mr. Roy Tart of 1104 Guy Avenue stated that he is not asking for anything special. When driving down I-
95, you cannot read a 400 square foot sign. He asked that the Council increase it to a size that can be seen
from I -95 near Exit 73.
Mayor Snipes asked if there was anyone else present to speak for or against this ordinance amendment.
Hearing none, motion by Mayor Pro Tem Olds, seconded by Council Member Billy Tart to close the public
hearings and reconvene the regular council meeting at 7:55 p.m. Motion unanimously approved.
CONSENTITEMS
111 The following items were considered by Council:
Minutes - Council considered approval of minutes of the April 6, 2006 Council meeting
Permit to Continue Business under Original License at New Location - Council considered approval of
EquiPlus Mortgage Corp. to continue business from 1132 W. Broad Street to 201 S. Orange Avenue.
Tax Releases/Refunds- Council considered approval of Tax Release/Refund #115. Tax Releases /Refunds
are filed in the office of the Tax Collector.
Budget Amendments - Council considered approval of Budget Amendments #89 - #90. A copy of Budget
Amendments #89 - #90 is incorporated into these minutes as Attachment W.
Proclamation - Council considered approval of a proclamation designating May 4, 2006 as National Day of
Prayer. Mayor Snipes read the Proclamation. A copy of Proclamation (P2006 -07) National Day of Prayer
is incorporated into these minutes as Attachment #2.
Proclamation - Council considered approval of a proclamation designating May 4, 2006 as Leaders of
Tomorrow. Mayor Snipes read the Proclamation and recognized Triton High School students that
participated in the Leaders of Tomorrow Program. A copy of Proclamation (P2006 -08) Leaders of
Tomorrow is incorporated into these minutes as Attachment #3.
Motion by Council Member Galbreath, seconded by Council Member Joey Tart to approve all consent
items. Motion unanimously approved.
ITEMS FOR DECISION
REZONING REQUEST
PZ 02 -06
PIN #1516 -38 -2808
1005 W. CUMBERLAND STREET
A request was received from Jernigan Brothers, Inc. (Owners) to rezone one parcel of property located at
1005 W. Cumberland Street (15,000 square feet— street frontage 100 feet).
This property is currently zoned R -10 Single Family Dwelling District and is requested to be rezoned to
C -0 Office and Institutional District.
123
The Planning Board met on April 18, 2006 and recommended approval of this request.
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Council Member Godwin stated that he is prepared to make a motion with regard to a resolution to this
issue. He has had conversations with several of those affected by this rezoning issue. He has heard both
sides of this issue. He shares the concerns of his neighbors with reference to traffic and the potential uses
that could be allowed in a C -O District. He stated that the Council may need to take another look at the
uses allowed in the C -O District. It is difficult to deny the rezoning because it does meet the rezoning
criteria. He would like to see them approve the request as presented but also propose an overlay district.
This is a tool that will allow more restrictive uses in certain zoning classifications. He stated that this is a
unique area from General Lee to Watauga. An overlay district will allow the Council to rezone the property
and in conjunction it will remove some of the uses that the neighbors object to and he agrees with. He
suggested that the Council direct City Planner Neuschafer to bring back an overlay district for
consideration.
Mayor Pro Tern Olds stated that the property meets all of the requirements for rezoning. He added that
regardless of how you vote, you cannot please everybody all of the time. He is concerned with rewriting
the zoning ordinance. In time, all of Cumberland Street will be zoned commercial. Seventy -five percent of
this street is already zoned C -O.
Motion by Council Member Godwin, seconded by Council Member Joey Tart to approve the rezoning
request as recommended by the Planning Board for PZ02 -06 and adopt the findings as presented by the
Planning Board and direct the Planning Director to present back at the next Council meeting a proposal for
an overlay district for this portion of the Cumberland Street corridor.
Mayor Snipes asked if there was further discussion.
Mayor Pro Tem Olds stated that if he understands the motion, the City Planner will present at a later date a
proposal to change the motion.
Mayor Snipes responded that the Council will rezone this property tonight, but a more restrictive overlay
district will be presented to the Council at a later date.
Council Member Godwin stated that the overlay district proposal will be presented back to the Council
which will modify some of the uses for this particular part of Cumberland Street. Restrictions would apply
to this area.
Mayor Snipes stated that the overlay district could possibly be restrictive from General Lee Avenue to
Watauga or it may be from Orange Avenue to a designated area.
Council Member Galbreath clarified that at the time the overlay district is presented, the Council can either
accept or reject the proposal.
Council Member Maness pointed out that any proposal for the overlay district will be subject to the
Planning Board by public hearing as well as the Council. The overlay will come back before the Council at
a later time.
Discussion was held about the affect the overlay district will have on other properties already zoned C -O
Council Member Galbreath stated that it may be 60 -90 days before the Council considers the overlay
district.
Further discussion was held about the properties on Highway 421 and allowing the residential
neighborhoods to remain in tact.
Motion unanimously approved.
REZONING REQUEST
PZ 03 -06
PIN #1516 -38 -2882
1001 W. CUMBERLAND STREET
A request was received from Cecil Glynn Jernigan (Owner) to rezone one parcel of property located at
1001 W. Cumberland Street (15,000 square feet — street frontage 100 feet).
This property is currently zoned R -10 Single Family Dwelling District and is requested to be rezoned to
C -0 Office and Institutional District. �.
The Planning Board met on April 18, 2006 and recommended approval of this request.
Motion by Council Member Godwin, seconded by Joey Tart to approve the rezoning request as
recommended by the Planning Board for PZ03 -06 and adopt the findings as presented by the Planning
Board and direct the Planning Director to present back at the next Council meeting a proposal for an
overlay district for this portion of the Cumberland Street corridor. Motion unanimously approved.
ORDINANCE AMENDMENT
REQUEST — OA -01 -06
DIVISION 4 — SECTION 311
OFF -SITE ADVERTISING SIGNS
(BILLBOARDS)
A request was received from Roy S. Tart and Ricky D. Tart to amend the maximum size of off -site
advertising signs (billboards).
The current size is 400 square feet and the request is to allow up to 1200 square feet.
The Planning Board met on April 18, 2006 and unanimously voted to deny recommending the request.
Motion by Council Member Godwin, seconded by Mayor Pro -Tem Olds to table this agenda item. Motion
carried 5 -1. Opposed by Council Member Galbreath.
ACCEPT MUNICIPAL SERVICE
DISTRICT REPORT AND SET PUBLIC
HEARING DATE FOR DISTRICT APPROVAL
Mayor Snipes explained that the Municipal Service District Report is before the Council for adoption. The
Council will need to set the proposed tax rate for this district in the report. Once the Council approves the
report and proposed tax rate, they will call for a public hearing to allow all affected property owners within
this district to speak for or against this new downtown taxing district.
City Planner Neuschafer stated that in order to finalize this report, the Council will need to agree upon the
actual district boundaries. The boundary set out encompasses 28 blocks within the Central Business
District. He explained that there are 256 parcels within this district and the current tax value of all eligible
real property in the Municipal Service District is estimated to be approximately $20,490,000.
Mr. Neuschafer asked that the Council look at Insert "A" — setting the tax rate. He presented a table chart
establishing the various tax rates and the generated value of each tax increment. For instance, if a property
is valued at $100,000 and the downtown district tax is set at .08, then that property tax bill would increase
$80 per year.
The proposed tax rate set by Council could go down from the proposed rate but it cannot go higher. After
the public hearing, the rate can be reduced, but it cannot go up.
Further discussion was held about the areas and uses of property which fall within this district.
Mr. Neuschafer explained that there are few towns with a downtown tax rate in the teens. Most rates are
set at twenty cents and above.
Motion by Council Member Galbreath, seconded by Council Member Godwin to set the proposed tax rate
at .14 for the Municipal Service District, adopt the proposed report and district boundaries. Motion
unanimously approved.
Motion by Mayor Pro -Tem Olds, seconded by Council Member Godwin to set a public hearing date for
June 15, 2006 at 7:00 p.m.
Mayor Snipes entertained further discussion.
There was a conflict with the June 15 date. Further discussion was held to establish a date for the public
hearing.
Mayor Pro Tem Olds withdrew his motion.
Motion by Mayor Pro Tem Olds, seconded by Council Member Godwin to set a public hearing date for
Monday, June 26 at 7:00 p.m. to consider adopting the district. Motion unanimously approved.
SET DATE FOR SPECIAL
CALL MEETING - BUDGET
WORK SESSION
Motion by Council Member Maness, seconded by Council Member Godwin to set a Special Call
Meeting/Budget Work Session for Tuesday, May 23 at 4:00 p.m. in the Council Chambers. Motion
unanimously approved. .
ADMINISTRATIVE REPORTS
Motion by Council Member Galbreath, seconded by Council Member Billy Tart to approve the
Administrative Reports. Motion unanimously approved.
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EXECUTIVE REPORTS
Council Member Godwin announced the Hamett Regional Theater will present a musical "The Adventures
of Tom Sawyer" on May 12, 13, 19, 20, and 21, 2006 and encouraged everyone to come out and support
HRT.
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Council Member Billy Tart thanked Dana Cochran for her service to the Dunn Tourism for the past eight
(8) years. Dana will be going into a new endeavor. He thanked her for all she has done to promote Dunn.
Mayor Pro Tem Olds reminded the public of the plate sale sponsored by the Police Athletic League (PAL)
on Friday, May 5.
Council Member Galbreath commended Dunn Housing Authority Director Darlene Maynard and the
executive board of the Housing Authority. They recently received a capital funding grant from the Federal
Government in the amount of $430,000 to provide central heating and air conditioning to all of the Housing
Authority properties, including Powell Village, Washington Heights, Harnett Terrace and McKay Courts.
Mr. Galbreath recognized the Police Chief and several eighth -grade students in their presentation to the
PAL Advisory Board concerning violence in the school system. They were seeking to obtain a five -
hundred dollar grant from the National Crime Prevention Council. Their presentation was excellence. He
commended School Resource Officer Ricky Jackson for the job he is doing at Dunn Middle.
Interim Manager Autry reminded the Council of Town Hall Day on Wednesday, June 7' City Clerk Debra
West would like to pre- register all of those that plan to attend by Friday, May 19 This is a time to
network with Legislatures.
Mayor Snipes also thanked Dana Cochran for her service to the Tourism Board. 'She will be entering the
private business sector and he stated that he appreciates the service she has given to the City and citizens.
He thanked the City staff for taking part in the Leaders of Tomorrow shadow program with Mr. Currin and
his AP Government class of sophomores, juniors, and seniors of Triton High School.
Mayor Snipes read a letter of thanks from the family of the late Louis Joseph.
9:00 p.m. Motion by Council Member Joey Tart, seconded by Mayor Pro Tern Olds to enter closed session
to discuss the possible real estate transaction of city owned property. Motion unanimously approved.
Closed Session
Motion by Council Member Godwin, seconded by Council Member Joey Tart, to approve the minutes of
the closed session as recorded by City Attorney Pope. Motion unanimously approved.
Action of Closed Session
Motion by Mayor Pro Tern Olds, seconded by Council Member Maness to sell city owned property (City
parking lot located across from The Daily Record) to Adams Graphics for $92,000.
*Clerks Note: A Resolution authorizing the advertisement ofan offer to purchase certain property was
adopted by the City Council on May 11, 2006. A public notice of offer to purchase this property was
advertised on May 16, 2006.
With no further business to discuss, the meeting was adjourned at 9:25 p.m.
Attest:
Dom. 2. lJ�
Debra G. West
City Clerk
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