02012007MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Thursday, February 1, 2007, 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 Ray Godwin and Joey
Tart. Also present was City Manager Ronnie Autry, Human Resource Officer Moses Gallion,
Interim Public Works Director Billy Addison, City Planner Steven Neuschafer, Chief Building
Inspector Mike Blackmon, Recreation Director Perry Hudson, Librarian Mike Williams, Fire Chief
Austin Tew, Interim Police Chief B.P. Jones, City Attorney P. Tilghman Pope, City Clerk Debra
West, and Daily Record Reporter Steve Reed.
INVOCATION
Mayor Snipes opened the meeting at 7:00 p.m. and asked Council Member Galbreath to give the
invocation. Afterwards the Pledge of Allegiance was repeated.
AGENDA ADJUSTMENT
Motion by Mayor Pro Tem Olds, seconded by Council Member Joey Tart to adopt the February 1, 2007
meeting agenda with changes, if any, as listed below.
Items Added to the Agenda:
• Resolution in Support of Campbell University and Norman Adrian Wiggins School of Law under
"Items for Decision"
• Closed Session — Legal Matter to consult the City Attorney
Agenda Items Removed:
• none
PUBLIC COMMENT PERIOD
Mayor Snipes opened the floor for a (30) minute public comment period.
Hearing no comments, motion by Council Member Godwin, seconded by Council Member Joey Tart to
close the Public Comment period. Motion unanimously approved.
\ j Mayor Snipes closed the regular meeting and opened public hearings at 7:04 p.m.
PUBLIC HEARINGS
PRELIMINARY ASSESSMENT ROLL
BRUCE DRIVE CURB AND GUTTER PROJECT
The public has been notified that the preliminary assessment roll for the street improvement project along
the east side of Bruce Drive ranning south from Erwin Road to the end of Bruce Drive and along the west
side of Bruce Drive from Erwin Road south 566 feet has been prepared.
The "Notice of Preparation of Preliminary Assessment Roll and Public Hearing" were mailed to owners of
all property subject to assessment on January 16, 2007.
The public hearing was duly advertised on January 18, 2007.
Mayor Snipes asked if there was anyone present to speak for or against the preliminary assessment roll.
Hearing no comments, public hearing was closed.
ORDINANCE AMENDMENT OA -05 -06
ADDING SECTION 22 -204 AND 22 -205
OVERLAY DISTRICT TO C -O OFFICE
AND INSITUTIONAL DISTRICT
This is a reconsideration of a request to create Section 22 -204 and 22 -205 under Division 10 in Chapter 22
of the City of Dunn Zoning Ordinance. These new sections will be an overlay district to the C -O; Office
and Institutional District. This overlay will limit the list of permitted uses along the W. Cumberland Street
corridor from the railroad tracks west to the intersection with Erwin Road.
The public hearing was duly advertised on January 18, 2007 and January 25, 2007.
Mayor Snipes asked if there was anyone present to speak for or against this ordinance amendment
9M
Mr. Sherrill Goodman - 901 W. Divine St. — property adjacent to proposed overlay district. Three
residential lots that were a part of this neighborhood were made commercial not long ago. As a premier
neighborhood, this began to concern them. They do not want anything to affect the quality of life in this
neighborhood. An overlay zone would provide a mechanism to protect the neighborhood. He asked that
the overlay district be approved.
WE
Michael Knott, owner of commercial property at Ellis and Cumberland (Med Fast Urgent Care) expressed
concern with the future selling market of his property if an overlay district is approved. It would de -value
the commercial aspect and the financial results of his property. He is a Physician's Assistant and his
property has been zoned commercial for approximately fifteen to sixteen years. He understands the views
of the residents, however this ordinance does not address what happens to his business should it burn down.
He would be required to obtain special use permits. This ordinance does not address the aspect of being
able to sell this property to another medical provider. He does not agree with the restrictions that this
overlay district will impose upon his commercial business.
Mr. Bill Creel - 905 W. Cumberland St. spoke in favor of modifying the current proposed overlay district.
When he first spoke to Planner Neuschafer with regards to the proposal that came before the Council a few
months ago, he was told that surrounding property owners would be notified of the Planning Board
meeting, however, he was never advised. He thought this overlay district would be from Orange to
Watauga and not the entire area from Railroad to Erwin Road. He understands Mr. Knott's concern. In
talking with folks from other surrounding towns, the City of Dunn's C -O district's permitted uses are too
broad. The City Council should look at revising the entire C -O district. He did not oppose the original
proposal by the Jernigan Brothers to use their commercial property for professional offices which is
acceptable to the neighbors. This area was residential long before it became commercial. An overlay
district would help to curtail extra traffic in this area. He asked that an amendment be sent back to the
Planning Board to condense the overlay district from Orange to Watauga, not Railroad to Erwin Road. The
Planning Board's last meeting was attended by only (4) of the (7) members. He would like to see the area
condensed to include only the area from Orange Avenue to Watauga Avenue.
Mayor Snipes asked if there was anyone else present to speak for or against this ordinance amendment.
Hearing no comments, public hearing was closed.
DEMOLITION OF HOUSE
610 N. MCKAY AVENUE
The public has been notified that oral and written comments will be heard and received concerning the
demolition of the dwelling owned by Flagstar Bank and located at 610 N. McKay Avenue.
The public hearing was duly advertised on January 19, 2007 and January 26, 2007.
Mayor Snipes asked if there was anyone present to speak for or against this demolition.
Hearing no comments, motion by Council Member Billy Tart, seconded by Mayor Pro Tem Olds to close
public hearings and reconvene the regular council meeting at 7:20 p.m. Motion unanimously approved.
CONSENTITEMS
Minutes - Council considered approval of minutes of the January 4, 2007 Council meeting.
Tax Liens Advertisement- Council considered approval for the Tax Collector to advertise tax liens on
March 21, 2007 for outstanding 2006 taxes on real property.
Tax Liens Advertisement Costs - Council considered approval for the Tax Collector to increase advertising
costs for tax liens from $4.00 to $5.00 per parcel for the 2006/2007 tax year.
Budget Amendments - Council considered approval of budget amendments #11 - #13. A copy of Budget
Amendments #I1 - #13 is incorporated into these minutes as Attachment #1.
Proclamation - Council considered approval of a Proclamation recognizing the month of February as Black
History Month. Mayor Pro Tem Olds read the Proclamation. A copy of Black History Month Proclamation
(P2007 -01) is incorporated into these minutes as Attachment #2.
Planning Board Appointment- Council considered appointment of Blaine Everhart (303 W. Pearsall Street)
to fill the unexpired term held by Bob Westmoreland and ending June 30, 2007.
Motion by Council Member Joey Tart, seconded by Council Member Billy Tart to approve all consent
items. Motion unanimously approved.
ITEMS FOR DECISION
ADOPT RESOLUTION CONFIRMING
ASSESSMENT ROLL AND LEVYING
ASSESSMENTS
BRUCE DRIVE CURB AND GUTTER PROJECT
The City Council held a public hearing earlier tonight to hear objections from all persons interested
regarding the Preliminary Assessment Roll for the Bruce Drive curb and gutter project. After the hearing,
the governing body may make any proper corrections in the assessment roll, and shall then adopt a
Resolution Confirming Assessment Roll and Levying Assessments.
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7:29 p.m. - Motion by Council Member Joey Tart, seconded by Mayor Pro Tem Olds to adopt the
Resolution Confirming Assessment Roll and Levying Assessments for the Bruce Drive curb and gutter
project with an interest rate of 8 %. Motion unanimously approved. A copy of this Resolution (R2007 -02)
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Confirming Assessment Roll and Levying Assessments for Bruce Drive project is incorporated into these
minutes as Attachment #3.
ORDINANCE AMENDMENT OA -05 -06
ADDING SECTION 22 -204 and 22 -205
OVERLAY DISTRICT TO C -O OFFICE
AND INSTITUTIONAL DISTRICT
This request is to amend the CO; Office and Institutional District (Division 10 Section 22 -204 and 205) by
adding two sections of text which would restrict the number of permitted uses for the detailed portion of W.
Cumberland St. (south side). The Planning Board has sent this item forward after holding their public
hearing and tabling the item for further review on October 25, 2006.
The Planning Board met again on January 16, 2007 and brought the item off the table. After some
discussion, the Board voted unanimously to recommend that this ordinance amendment not be approved.
Pursuant to City Code 22 -30, when the recommendation of the Planning Board is to deny the proposed
amendment, the amendment shall not become effective except by a favorable vote of three- fourths (3/4) (5
members) of the City Council. There should be a statement of how the proposed change does or does not
uphold the findings in the adopted City of Dunn 2030 Land Use Plan.
Council Member Godwin stated that this ordinance amendment originated from May of 2006 after the
Council rezoned two parcels of property on W. Cumberland Street. He is in favor of the overlay district;
however, he is not in favor of the current proposal. The geographical area is too large. It is not always
easy to balance residential and commercial interests. He suggested that rather than vote on the
recommendation as presented, to send this back to the Planning Board to consider a geographically reduced
overlay district. If they limit this district from Orange to Watauga, it would not cause any problems to
existing commercial establishments but would also give some assurance of protection to the property
owners in this area. He proposed that the Planning Board consider a smaller overlay district without the
same negative impact on the existing commercial properties.
Motion by Council Member Godwin, seconded by Council Member Joey Tart to send OA -05 -06 back to
the Planning Board to reconsider reducing the boundaries of the overlay district from South Orange
Avenue to South Watauga Avenue.
Council Member Billy Tart stated that there is not an existing overlay district in Dunn. The Highway 421
area is a commercial district. The C -O District is already a restricted use of the commercial district and he
has a problem with restricting an existing restriction.
j Mayor Pro Tern Olds, ex- officio member of the Planning Board, expressed concern that under the present
zoning, there are seventeen (17) permitted uses in the C -O district. The overlay district would restrict this
area to six (6) uses. Land owner usage would decrease from seventeen (17) uses to six (6) uses. He
questioned if this would impose a hardship upon the landowners.
Council Member Maness expressed concern about creating a new overlay concept. The Planning Board
has studied this issue carefully. He is not sure that using an overlay to accomplish an additional restriction
is the correct way to go. As Mr. Creel stated earlier tonight, if it is the opinion of the public and the
Planning Board that the current C -O should be revised, then that is the point to start at. He does not support
instituting an overlay district.
Council Member Galbreath concurred with Mr. Godwin's suggestion to send this amendment back to the
Planning Board. The citizens tonight have expressed concern about this issue; however, by sending it back
to the Planning Board for review, he is not speaking to the fact of how he will vote on this issue.
Council Member Joey Tart suggested that surrounding property owners be advised of the proposed overlay
district that the Planning Board will be considering should this motion be approved.
With no further discussion, Mayor Snipes called for the vote.
Ayes Nays
Godwin Billy Tart
Joey Tart
Buddy
Olds
Galbreath
Motion carried 5 -1.
ADOPT ORDINANCE TO DEMOLISH
HOUSE
610 N. MCKAY AVENUE
Mayor Snipes entertained a motion to demolish this structure.
Motion by Mayor Pro Tem Olds, seconded by Council Member Maness to approve the ordinance directing
the Building Inspector to remove or demolish the house at 610 N. McKay Avenue.
Mayor Snipes asked for further discussion
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Council Member Godwin asked if Flagstar Bank owned this property.
Building Inspector Blackmon stated that this property was foreclosed on owners, Jacob E. Evans, Sr. and
Ann R. Evans. From there, the house went to EquiPlus Mortgage and then to Flagstar Bank. He has been
in contact with individuals of Flagstar Bank and they are aware they own this house. Flagstar Bank did not
respond to condemnation correspondence sent by the Inspections Department. The property was also
posted with condemnation notices. The house is standing open to the public. The Police Department
responded to a report that someone was stealing copper piping from under the house.
Motion unanimously approved. A copy of this Ordinance (02007 -02) Directing the Building Inspector to
remove /demolish the dwelling located at 610 N. McKay Avenue is incorporated into these minutes as
Attachment #4.
ELECTION FILING FEES
Pursuant to N.C.G.S. 163 -294.2 (e), the filing fees for municipal elections must be set by the governing
body no later than the day before candidates are permitted to begin filing notices of candidacy. The Harnett
County Board of Elections office has requested that the filing fees be submitted to them as soon as possible.
The governing board shall have the authority to set the filing fee at not less than five dollars ($5.00) nor
more than one percent (1 %) of the annual salary of the office sought. This fee shall be paid to the board of
elections at the time notice of candidacy is filed.
Our filing fees in 1999 and 2003 were $27.00 for council members and $42.00 for Mayor. The filing
period begins July 6' at 12 noon and ends July 20" at noon. All candidates will file at the Board of
Elections office in Lillington. Also City Elections will be held October 9" and run -offs on November 6t
Motion by Council Member Galbreath, seconded by Mayor Pro Tern Olds to set the 2007 election filing fee
at $27.00 for council members and $42.00 for Mayor.
Mayor Snipes asked for further discussion.
Council Member Maness suggested that the amounts be rounded to even numbers, $30.00 for council
members and $45.00 for the Mayor, for simplicity purposes.
With no further continents, motion unanimously approved.
ACCEPTANCE OF
POLICE ATHLETIC LEAGUE
(PALYEP)GRANT
A Police Athletic League Youth Enrichment Program Grant (PALYEP) has been awarded to the Dunn
Police Athletic League through the National Association of Police Athletic Leagues of Florida. The grant
was awarded to allow P.A.L. to purchase athletic equipment to further enhance three existing programs.
Dunn P.A.L. will work in partnership with local police departments in conjunction with the Governor's
Crime Commission Gang Grant to better serve the area youth. Grant monies will also enhance PAL'S
current basketball program, track and field program and weight/fitness training programs. Dunn P.A.L.
currently has over 350 youth on its roster, and has a continual need to enhance its programs.
The City of Dunn Police Athletic /Activities League has been awarded $7,500 in grant revenues. The grant
only requires a local in -kind match which Dunn P.A.L. has satisfied. The City is not required to match the
grant with any cash.
Upon acceptance, this grant will become effective February 5, 2007, and will continue until December 31,
2007.
Motion by Council Member Galbreath, seconded by Council Member Billy Tart to authorize the Police
Athletic League to accept the Police Athletic League Youth Enrichment Program Grant (PALYEP).
Motion unanimously approved.
r /�
RESOLUTION IN SUPPORT
OF CAMPBELL UNIVERSITY AND
NORMAN ADRIAN WIGGINS
SCHOOL OF LAW
Mayor Snipes stated that this resolution supports keeping the Campbell School of Law in Harnett County,
encouraging the Campbell Board of Trustees to resist efforts to relocate the Norman Adrian Wiggins
School of Law to Raleigh, North Carolina or any location other than as an integral part of the main campus
of Campbell University in Buies Creek, North Carolina.
Council Member Godwin, Campbell Law School Alumni Class of 1986, stated that Campbell has a great
economic impact on Dunn and Harnett County. He read the proposed resolution prepared by
City Attorney Tilghman Pope who is also a graduate of the Norman A. Wiggins School of Law.
Motion by Council Member Maness, seconded by Mayor Pro Tom Olds to adopt the Resolution in Support
of Campbell University and Norman Wiggins School of Law. Motion unanimously approved. A copy of
this Resolution (R2007 -03) in support of Campbell University and Norman Adrian Wiggins School of Law
is incorporated into these minutes as Attachment #5
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ADMINISTRATIVE REPORTS
Motion by Council Member Galbreath, seconded by Council Member Joey Tart to approve the
Administrative Reports. Motion unanimously approved.
EXECUTIVE REPORTS
Mayor Pro Tom Olds thanked the citizens for their support in the recent Martin Luther King Celebration in
the City of Dunn and asked that the City continue to work under this year's theme "One America".
Council Member Galbreath recognized Mr. Walter Dafford who was recently honored by the Beauty of
Dunn Masonic Lodge on January 19, 2007 for his service to that particular lodge as well as his service to
\ this community, county and state.
Mr. Galbreath sent congratulations to Police Officers Angie Hinson and John Parker. Officer Hinson was
recently promoted to Lieutenant and Officer Parker to Sergeant. He thanked Chief B.P. Jones for his
guidance and leadership with the Police Department.
Mr. Galbreath thanked all organizations and individuals that commemorated the life and legacy of Dr.
Martin Luther King during the recent King Holiday. Particularly, he thanked the Hamett County NAACP
Youth Council, Harnett County MLK Committee and Harnett County NAACP.
Mr. Galbreath encouraged all minority business leaders, owners and managers to come out to a free
luncheon sponsored by the Dunn Area Chamber of Commerce on Thursday, February 22, 2007 from
11:30 a.m. —1:00 p.m. at Triangle South Enterprise Center Cafeteria located in the 600 block of S.
Magnolia Avenue.
Mayor Snipes asked Recreation Director Perry Hudson to step forward to make a special announcement.
Mr. Hudson announced that the City of Dunn in conjunction with the Dunn Area Booster Club has been
selected to host the 2007 North Carolina Dixie Youth Majors Baseball Tournament to be held July 20" —
27` at Tart and Tyler Park. It will consist of sixteen (16) teams from across the state. The winner of the
tournament will advance to the World Series. This will be an economic boom for the City of Dunn. They
anticipate approximately 1,500 - 2,000 people to attend this event.
Mayor Snipes stated that it's quite an accomplishment to be chosen for this event. Council Member
Maness stated that citizen Carolyn Brewington is already recruiting volunteers for this event.
Mr. Hudson encouraged anyone that would like to volunteer their time, to contact the Recreation office or
visit the City of Dunn website.
Mayor Snipes announced the upcoming Budget Retreat to•be held this weekend, February 3 -4, 2007 at the
Sheraton in New Bern.
Mayor Snipes gave a State of the City address for the year 200046.gavean update of accomplishments
during the last twelve months.
• Continued efforts in revising ordinances and codes- 6learly defining growth
• Sent a message to developers that the City of Duns is liusmess'friendly
• Adopted the official City of Dunn zoning map and adol ted'the revised Flood Damage Prevention
Ordinance
• Continued growth of both residential and commercial properties — adopted final plats for East
Pointe and Willow Run Subdivision
• Completion of Hampton Inn, Waffle House, several new medical offices on Tilghman Drive and
Betsy Johnson Regional Hospital's continued renovations, expansions at Machine and Welding
and Gray Metal South
• Growth added to the tax base and provided new jobs for our citizens
• Downtown continues to grow with new businesses and expanded businesses (ex: Sonage Salon
and Carolina Therapy)
• Major project for 2007 — $1 million dollar expansion and renovation to Adams Graphics —
business /private partnership that this council was involved to help bring about this transaction
• Established Downtown Municipal Tax District whereby property owners in this district pay an
additional tax on themselves that stays in the district and is used for future enhancement in the
district
• Vibrant downtowns are vital to the City
• City is sound and well reserved
• Progressive pursuit of grant money — six (6) new grants primarily in the Police Department to help
fight crime and gang awareness and activities
• Began construction of Curb and Gutter Project on Bruce Drive
• Submitted a North Carolina Department of Transportation Rail Access Application to assist a new
company to locate a manufacturing facility here
• In concert with Harnett County Economic Development, the City of Dunn took the lead in
submitting an application for a Community Development Block Grant for the construction of a
water tank at Edgerton Industrial Park for the expansion and growth of that park
• Awarded and began a major drainage improvement project on Highway 421
• Currently in the application process for $3 million dollar Clean Water Management Trust Fund
Grant to enable the City to correct our storm sewer overflows that continue to be a problem
193
• Sewer lateral camera purchased to assist the City in monitoring the infiltration problems
• Police Department upgraded their fleet and communication equipment
• Chief Jones has done an outstanding job in his last six (6) months in reorganizing the department
and facilities
• Police Athletic League (PAL) organized and held a graffiti clean-up day and has also organized
two community forums to discuss gang awareness
• City website has been updated — more user friendly
• Increased staff at the Dr. P.K. Vyas MD Recreation Center in order to remain open longer hours
and also to make sure that this facility is maintained at the highest standards
• Will continue to meet and work with Fire Chief Tew and his department to listen to their needs
• The City including the downtown area has never been cleaner — positive comments heard by the
citizens
• Library resources continue to grow — many programs available to all citizens
• Excellent leadership at City Hall with City Manager Ronnie Autry
• Reminded the public of all the resources and services available to the citizens of Dunn
Mayor Snipes thanked Manager Autry, his management team and the employees of the City of Dunn.
CLOSED SESSION
Motion by Council Member Godwin, seconded by Council Member Billy Tart to enter Closed Session
pursuant to the North Carolina Open Meetings law to discuss a legal matter at 8:25 p.m. Motion
unanimously approved.
Closed Session
Closed Session adjourned at 8:40 p.m.
Motion by Mayor Pro Tern Olds, 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 Council Member Godwin, seconded by Council Member Joey Tart to repeal the Ordinance to
Demolish the structure at 906 N. King Avenue. A copy of Ordinance (02007 -03) repealing the demolition
of906 N. King Ave. is incorporated into these minutes as attachment #6.
With no further business to discuss, the meeting was adjourned at 8:45 p.m.
Attest:
Debra G. West
City Clerk
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Mayor
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