04052007211
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Thursday, April 5, 2007, 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 Ray Godwin, Jr. 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, Fire Chief Austin
Tew, Interim Police Chief B.P. Jones, City Attorney P. Tilghman Pope, City Clerk Debra West, and
Daily Record Reporter Shelia Ogletree.
INVOCATION
Mayor Snipes opened the meeting at 7:00 p.m. and asked Council Member Maness to give the invocation.
Afterwards the Pledge of Allegiance was repeated.
AGENDA ADJUSTMENT
Motion by Council Member Billy Tart seconded by Mayor Pro Tem Olds to adopt the April 5, 2007
meeting agenda with changes, if any, as listed below.
Items Added to the Agenda:
• Resolution Authorizing the Transfer of Maintenance Responsibility of White Line Road and A
Newly Constructed Connector between White Line Road and US 421 From NCDOT to the City of
Dunn under "Items for Decision"
• Closed Session
Agenda Items Removed:
• none
PRESENTATION
Presentation was made after public hearings to allow time for all parties to be present.
PUBLIC COMMENT PERIOD
Mayor Snipes opened the floor for a (30) minute public comment period.
Dana Cochran — 503 W. Pope Street — Spoke on behalf of the Dunn Area Chamber of Commerce
Beautification & Image Committee and distributed flyers announcing the Dunn Community Spring Clean-
up Day on Saturday, June 2 " beginning at 8:30 a.m. She asked for volunteers and for the Council to
organize clean -up efforts in their specific areas.
Mrs. Cochran announced and asked for participation in the "Boogie Down on Broad Street" concert on
Thursday, April 12" from 5:30 — 9:00 p.m.
Mayor Snipes expressed appreciation to this committee for their hard work in the recent erection of the City
of Dunn Welcome Sign.
Billy Barfield — 1304 Guy Avenue — Spoke in opposition of the Council appointing a downtown steering
committee with representatives that reside outside the downtown taxing district which was recently
discussed during the budget retreat in February. This steering committee which will appoint members to
the downtown development council, should only be comprised of representatives from within the
downtown taxing district. He also expressed a safety concern with the sidewalks and streets in downtown
Dunn.
With no further comments, Public Comment period was closed.
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ORDINANCE AMENDMENT OA -01 -07
CHAPTER 8 — ARTICLE II
FIRE PREVENTION CODE
The public has been notified that oral and written comments will be heard and received concerning the
request by the City of Dunn Fire Department to repeal Section 8 -33 (Modification), amend Section 8 -36
(Appeals) and add new Section 8 -38 (Citations) to Chapter 8, Article II, Fire Prevention Code.
The public hearing was duly advertised on March 22, 2007 and March 29, 2007.
Mayor Snipes asked if there was anyone present to speak for or against this ordinance amendment.
Hearing no comments, public hearing was closed.
CONDITIONAL USE PERMIT CU O1 -07
511 SPRING BRANCH ROAD
PIN #1516 -72- 9015.000
A request was received from Tony Curtis Smith to allow a Tavern business at 511 Spring Branch Road.
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This property is currently zoned C -3; Highway Business District and a Conditional Use hearing is required
in the Zoning Ordinance, for this type of use.
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.
The public hearing was duly advertised on March 13 and March 27, 2007
City Attorney Pope introduced CU 01 -07, a request by Tony Curtis Smith for a Conditional Use Permit to
allow a Tavern business at 511 Spring Branch Road. The hearing on this matter is judicial in nature and
will be conducted in accordance with special due process safeguards.
Swearing -Lt:
City Attorney Pope administered oaths to: }
City Planner Steven Neuschafer
Explanation of Proceeding
Attorney Pope explained that testimony will first be given by City Planner Steven Neuschafer, then from
the applicant and their witnesses, and then from opponents to the request. Parties may cross - examine
witnesses after the witness testifies when questions are called for. Written evidence, such as reports, maps,
or exhibits, may be introduced during or at the end of each witness's 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.
City Attorney Pope opened the hearing on Case #CU 01 -07 Conditional Use Permit Application and asked
for testimony from City Planning Director Steven Neuschafer.
Testimony from the Planner
Planner Neuschafer asked that the documents contained behind tab #14 in the City Council packet which
includes the Planning Department staff report, conditional use application, warranty deed, maps, and
notification to adjacent property owners, and excerpts of zoning ordinance Section 22 Division 8; C -3
Highway Commercial District and Article IX, Conditional Uses be entered as evidence. This property was
used as retail and as a guest center in the past. The size of the property is .44 acres. Due to the size of the
existing structure, the parking requirements would be approximately (1) per 100 gross square feet for
restaurant use and (1) per 300 gross square feet for assembly use. The surrounding properties are also
zoned C -3; Highway Business. The Planning Board recommended the Council deny the proposal based on
evidence they received during their meeting. This evidence states that the direct impact to the adjacent
businesses and inadequate parking on the site are detrimental impacts upon the local youth, churches, and
residences in the area and due to the fact that the requested use and anticipated occupancy ratings would
not be adequately served by the current (17) parking spaces on site since the building is approximately
4,000 square feet in size. (A copy of these documents entered as evidencefor Case #CU 01 -07 Conditional
Use Permit is incorporated into these minutes as Attachment #1)
At the end of the City Planner's testimony, Attorney Pope asked if there were any questions of the City
Planner, from either the proponents, opponents or other interested citizens who had been sworn to test
or by the City Council.
No comments were received.
Testimony from the Applicant /Proponents
No comments were received on behalf of the applicant or other proponents.
Testimony from Opponents
No one spoke in opposition of the request.
Attorney Pope entertained questions from the City Council members.
With no questions, motion was made by Council Member Joey Tart and seconded by Council Member
Maness to close the public hearing at 7:15 p.m.
PRESENTATION
PROCLAMATION PRESENTATION
REGINA AUTRY AND SCOTT EPPERSON
Mayor Snipes and Council Member Galbreath, liaison to the Police Department, presented Dunn Police
Department detectives Regina Autry and Scott Epperson with a proclamation recognizing their heroic
actions on February 22, 2007. A copy of Proclamation (P2007 -06) recognizing detectives Regina Auny
and Scott Epperson is incorporated into these minutes as Attachment #2.
CONSENTITEMS
Minutes - Council considered approval of minutes of the March 1, 2007 Council meeting.
Minutes - Council considered approval of minutes of the March 15, 2007 Special Call meeting.
213
Tax Releases/Refunds- Council considered approval of Tax Releases/Refunds #196 - 4219. A copy of Tax
Releases /Refunds are filed in the office of the Tax Collector.
DOT Mowing Agreement- Council considered approval of the 2007 mowing agreement between the NC
Department of Transportation (DOT) and the City of Dunn for mowing state right -of -ways within the City
Limits. A copy of this DOT mowing agreement is incorporated into these minutes as Attachment #3.
Destruction of Records ( Finance - Police - Administration - Goveming Body - Planning -Human Resources -
Building Inspections Departments)- Council considered approval of destruction of records that have
exceeded the required retention time pursuant to the Municipal Disposition Schedule. A list of those
records that have exceeded the required retention schedule and approved for destruction is incorporated
into these minutes as Attachment #4.
Proclamation- Council considered approval of a proclamation designating April 29 through May 5, 2007 as
Municipal Clerks Week. Mayor Snipes read the Proclamation and recognized City Clerk Debra G. West.
A copy of Proclamation (P2007 -07) Municipal Clerks Week is incorporated into these minutes as
Attachment #5.
Proclamation- Council considered approval of a proclamation designating April 15 through April 21, 2007
as National Library Week. Council Member Maness read the Proclamation. Mayor Snipes recognized City
Librarian Mike Williams and his staff. A copy of Proclamation (P2007 -08) National Library Week is
incorporated into these minutes as Attachment #6.
Motion by Council Member Godwin, seconded by Council Member Joey Tart to approve all consent items.
Motion unanimously approved.
ITEMS FOR DECISION
AUDIT REPORT FY 2005 -2006
Phyllis Pearson of Petway, Mills & Pearson, PA gave a summary of the FY 2005 -2006 audit for the City of
Dunn
Financial statements were fairly stated and in conformity with generally accepted accounting principles.
No adjustments were made to the financial statements. No significant matters were found in the body of
the audit report and they did not issue a management letter.
Ms. Pearson commended the City for maintaining records that were verifiable and complete.
Financial Highlights:
i • The assets of the City of Dunn exceeded its liabilities at the close of the fiscal year by
$21,603,990.
• The government's total net assets increased by $621,388, primarily due to increases in the
water /sewer activities net assets.
• As of the close of the current fiscal year, the City of Dunn's governmental funds reported
combined ending fund balances of $3,541,912 a decrease of $211,763 in comparison with the
prior year. Approximately 56.06 percent of this total amount, or $1,985,720, is available for
spending at the government's discretion.
• At the end of the current fiscal year, unreserved fund balance for the General Fund was
$1,985,720, or 23.47 percent of total general fund expenditures for the fiscal year.
• The City of Dunn's total debt decreased by $633,511 (8.89 %) during the current fiscal year.
• The City of Dunn currently has a BBB+ bond rating with Standard and Pours, and a rating of A3
with Moody's Investment Service.
Ms. Pearson made the council aware that requirements for internal controls will take effect for the 2007-
2008 audit and suggested that the City strengthen internal controls.
She commended the City in their audit.
Motion by Mayor Pro Ten Olds, seconded by Council Member Galbreath to accept the audit report as
presented. Motion unanimously approved.
ORDINANCE AMENDMENT OA -01 -07
CHAPTER 8 — ARTICLE II
FIRE PREVENTION CODE
This is a proposed ordinance amendment to the City of Dunn Code of Ordinances to repeal Section 8 -33
(Modification), amend Section 8 -36 (Appeals) and to add new Section 8 -38 (Citations) to Chapter 8,
Article II, Fire Prevention Code.
Attorney Pope stated that the primary reason for this change is to bring the code current. As an example, he
explained that the general statutes allow civil penalties to be imposed when a facility exceeds occupancy
ratings. As the current code is written, it does not contain a civil penalty for such occurrences; however,
the current law will allow it.
Attorney Pope explained that this ordinance amendment will give the Fire Department an enforcement
mechanism to impose civil penalties in the event certain violations are found.
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Motion by Council Member Godwin, seconded by Council Member Billy Tart to approve ordinance
amendment OA- 01 -07. Motion unanimously approved. A copy of Ordinance (02007 -04) is incorporated
into these minutes as Attachment V.
CONDITIONAL USE PERMIT CU O1 -07
511 SPRING BRANCH ROAD
PIN #1516 -72- 9015.000
A request was received from Tony Curtis Smith to allow a Tavern business at 511 Spring Branch Road
This property is currently zoned C -3 Highway Business District and a Conditional Use hearing is required
in the Zoning Ordinance, for this type of use.
Mayor Snipes entertained discussion and/or motion on conditions, if any, to impose on this Conditional Use
Permit.
Motion by Council Member Galbreath, seconded by Council Member Maness to deny CUP #01 -07 based
on the following findings of fact. Motion unanimously approved.
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 1 (7) a, The Conditional Use is listed in the
ordinance.
2. The requested use is essential or desirable to the public convenience or welfare. It is not desirable
for the community based on the negative comments expressed and as there have not been similar
businesses in this area in the past.
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. There will be direct impact to the
adjacent businesses due to the lack ofparking on the site and there are detrimental impacts upon
the local youth, churches and residences in the area.
4. The requested use will be in conformity with the land development plan. The location of this
request is an established commercial area along a major thoroughfare although the issuance of
this permit will not be appropriate with the anticipated growth pattern offuture residential
development identified in the Land Use Plan.
5. Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or
are being provided. All facilities are available as this structure has been in place for many years,
however the requested use and the anticipated occupancy rating would not be adequately served
by the 17 +/- parking spaces on the site, thus impacting the surrounding properties.
BOARD APPOINTMENTS -BETSY JOHNSON
REGIONAL HOSPITAL (BJRH) AUTHORITY
(MAYORAL APPOINTMENT)
Mayor Snipes made the following re- appointments to the BJRH Authority with terms beginning April 1,
2007 and expiring March 31, 2010 or until such time that the new Harnett Health System, Inc. Board
assumes governing authority:
Mr. Ray A. Weeks
Mr. T.C. Godwin, Jr.
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REGIONAL HOSPITAL (BJRH) BOARD OF TRUSTEES
(COUNCIL APPOINTMENT)
Motion was made by Council Member Joey Tart and seconded by Mayor Pro Tem Olds to reappoint Dr.
David J. Allison, MD to the BJRH Board of Trustees with a term beginning April 1, 2007 and expiring
March 31, 2010 or until such time that the new Harnett Health System, Inc. Board assumes governing
authority. Motion unanimously approved.
ASSESSMENT RELEASE NO. 02
TWO TILL LLC
Assessment Release No. 2 for the City of Dunn to reimburse Two Till LLC costs incurred to complete the
Food Lion entrance to this property (East Pointe Shopping Center) during the U.S. 421 widening project.
Motion by Mayor Pro Tern Olds, seconded by Council Member Billy Tart to approve Assessment Release
No. 2 for Two Till LLC in the amount of $25,000 from the total assessment of $49,754.86 for Parcel
#58334.
Council Member Godwin stated he is not in favor of this reimbursement based on the amount of public
taxpayer's subsidizes used for this project.
Ayes
Nays
Olds
Godwin
Billy Tart
Galbreath
Joey Tart
Maness
Mayor Snipes
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Motion carried 4 -3. A copy of Assessment Release No. 02 is incorporated into these minutes as
Attachment 98.
AUTHORIZATION TO INSTALL ADDITIONAL STOP SIGNS
GROVE PARK AND BRIARCLIFF SUBDIVISIONS
Manager Autry explained that due to an increase in traffic flow and safety concerns, citizens are requesting
that the City install additional stop signs in the Grove Park and Briarcliff Subdivisions.
Proposed locations for stop sign installation are as follows:
Grove Park Subdivision
• Intersection of Saturn Street and Venus Drive
• Intersection of Saturn Street and Mars Drive
° • Intersection of Saturn Street and Jupiter Drive
Briarcliff Subdivision
• Intersection of Thomdale Drive and Coleridge Drive
Motion by Council Member Galbreath, seconded by Mayor Pro Tom Olds to authorize installation of stop
signs at the specified locations in Grove Park and Briarcliff Subdivisions.
Additional discussion was held about the justification for installing signs in the Briarcliff Subdivision. In
particular, Thomdale and Coleridge are dead -end streets. There are no plans for extension of these streets.
Council Member Joey Tart suggested tabling or removing the Briarcliff Subdivision sign request.
Amendment to the motion by Council Member Joey Tart, seconded by Council Member Billy Godwin to
authorize installation of stop signs in the Grove Park Subdivision and deny the recommendation to install
signs as specified for Briarcliff Subdivision. Motion unanimously approved.
Amended motion unanimously approved
ADOPTION OF RESOLUTION
TRANSFERRING MAINTENANCE
OF WHITE LINE ROAD AND A NEWLY
CONSTRUCTED CONNECTOR BETWEEN
WHITE LINE ROAD AND US 421 FROM
NCDOT TO THE CITY OF DUNN
In a resolution adopted by the Dunn City Council on August 4, 2005, maintenance of White Line
Road/Radio Station Road (SR 1814) was transferred from the City of Dunn to the NC Department of
Transportation (DOT) in order that White Line Road be aligned during the I -95 relocation project.
The construction phase is now complete. This resolution authorizes the transfer of White Line Road as
well as a newly constructed 434' three -lane connector between White Line Road and U.S. 421 back to the
City of Dunn maintenance.
Motion by Council Member Godwin, seconded by Council Member Billy Tart to adopt the Resolution
Authorizing the Transfer of Maintenance Responsibility of White Line Road and the newly constructed
434' three -lane connector to the City of Dunn. Motion unanimously approved. A copy ofResolution
(R2007 -07) transferring maintenance of White Line Road and the three -lane connector to the City of Dunn
is incorporated into these minutes as Attachment 49.
ITEMS FOR DISCUSSION
AND /OR DECISION
SUMMER HOURS
Manager Autry explained that for the past three years, the City Council has approved summer operating
hours for City offices. The summer hours of 7:30 a.m. — 4:00 p.m. begin June I" and end August 31 ".
Motion by Mayor Pro Tem Olds, seconded by Council Member Galbreath to adopt the summer operating
hours of 7:30 a.m. — 4:00 p.m. beginning June I" and ending August 31" for the City of Dunn employees.
Motion unanimously approved.
I
The public will be notified via water bills, government channel and the city website.
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 May 15` at 8:30 a.m. in the Council Chambers.
ADMINISTRATIVE REPORTS
Motion by Mayor Pro Tem Olds, seconded by Council Member Galbreath to approve the Administrative
Reports. Motion unanimously approved.
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EXECUTIVE REPORTS
Mayor Snipes was wished a happy birthday by the Council.
Council Member Godwin expressed concern about the traffic pattern on US 421, specifically with vehicles
required to make a right turn out of Cracker Barrel or Wendy's and then making a u -turn around the median
to travel back into town. This creates a dangerous situation and he asked that the Manager make contact
with the Department of Transportation about this issue.
Council Member Billy Tart and Buddy Maness wished everyone a wonderful Easter
Mayor Pro Tem Olds announced that the Police Athletic League is in the process of planning an
appreciation banquet for the athletes and parents involved in the Pal program on May 18 " Ads will be sold
and all proceeds will be used to help fund PAL activities.
Council Member Galbreath commented about trash and debris left by the street when a tenant is evicted
from a rental unit. He has received numerous calls concerning this issue in his district. The City is
working to amend the city ordinance as it relates to enforcement of this issue.
Manager Autry reminded everyone of the Mayor's Prayer Breakfast on May 3 as well as the Leaders of
Tomorrow Program.
Mayor Snipes reminded the council of Town Hall Day on May 9 and a presentation by Dr. James Johnson
of the Institute of Government on May 10 entitled "Leading and Managing in Turbulent Times" that will
be held at the Harnett County Governmental Complex Commons Area.
CLOSED SESSION
Motion by Council Member Godwin, seconded by Council Member Joey Tart to enter Closed Session
pursuant to the North Carolina Open Meetings law to consult the City Attorney on a legal matter and to
discuss a personnel matter at 8:12 p.m. Motion unanimously approved.
Closed Session
Closed Session adjourned at 9:20 p.m.
Motion by Council Member Godwin, seconded by Council Member Billy Tart to approve the minutes of
the closed session as recorded by City Attorney Pope. Motion unanimously approved.
With no further business to discuss, the meeting was adjourned at 9:25 p.m.
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City Clerk
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