07052007MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
238
The City Council of the City of Dunn held a Regular Meeting on Thursday, July 5, 2007, at 7 :00 p.m.
in the Dunn Municipal Building. Present was 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, City Planner Steven Neuschafer, Code Enforcement Officer Steven
King, Police Chief B.P. Jones, Fire Chief Austin Tew, City Clerk Debra West, and Daily Record
Reporter Steve Reed.
Mayor J. Dal Snipes and City Attorney P. Tilghman Pope were absent, out of town
INVOCATION
Mayor Pro Tern Olds 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
No action taken
Items Added to the Agenda:
• none
Agenda Items Removed:
• none
PRESENTATION
Police Chief B.P. Jones presented School Resource Officer Byron Tyndall with the Criminal Justice
Education and Training Standards Commission Advanced Law Enforcement Certificate.
PUBLIC COMMENT PERIOD
Mayor Pro Tern Olds opened the floor for a (30) minute public comment period.
Hearing no comments, the public comment period was closed.
J PUBLICHEARINGS
REZONING REQUEST PZ -03 -07
PIN #1516 -45- 7711.000
PIN #1516 -45- 6664.000
PIN #1517 -45- 7572.000
700 "' BLOCK OF S. FAYETTEVILLE AVENUE
The public has been notified that oral and written comments will be heard and received concerning the
request by Christopher West (applicant) to rezone an existing block including three parcels of land totaling
2t acres located at the 700 block of S. Fayetteville Avenue
This property is currently zoned I -10; Restricted Industrial District and is requested to be rezoned to
CO; Office and Institutional District.
The public hearing was duly advertised on June 12, 2007 and June 26, 2007.
Mayor Pro Tem Olds asked if there was anyone present to speak for or against this rezoning request.
Applicant, Christopher West stated he would like to rezone this property for the purpose of developing a
gymnastics gym. This would benefit the community by offering something for the children in this area as
well as family involvement.
Hearing no further comments, the public hearing was closed
� REZONING REQUEST PZ -04 -07
PIN #1507 -91- 3435.000
1601 W. CUMBERLAND STREET
The public has been notified that oral and written comments will be heard and received concerning the
request by Wayne T. Barbour (applicant) to rezone an existing parcel of land totaling 0.511 acres located at
1601 W. Cumberland Street.
This property is currently zoned C -2; Shopping Center District and is requested to be rezoned to C -3;
Highway Commercial District.
The public hearing was duly advertised on June 12, 2007 and June 26, 2007.
Mayor Pro Tern Olds asked if there was anyone present to speak for or against this rezoning request
239
Hearing no comments, the public hearing was closed.
ALLEY CLOSURE
500 BLOCK OF E. POPE STREET AND E. BAY STREET
RUNNING NORTH -SOUTH
BETWEEN S. ELM AVENUE AND S. WASHINGTON AVENUE
The public has been notified that oral and written comments will be heard and received concerning the
request to permanently close the alley in the 500'" block of E. Pope Street and E. Bay Street running north-
south between S. Elm Avenue and S. Washington Avenue.
The public hearing was duly advertised on June 12, 19, 26, and July 3, 2007.
Mayor Pro Tom Olds asked if there was anyone present to speak for or against this alley closure. / "�
Hearing no comments, the public hearing was closed.
VOLUNTARY ANNEXATION PETITION ANX -01 -07
WELLONS REALTY, INC.
PARCEL #02- 1507 -0054 AND #02 -1507- 0054 -03
N. POWELL AVENUE FROM FRIENDLY RD. TO ASHE AVE.
The public has been notified that oral and written comments will be heard and received concerning the
question of voluntary contiguous annexation of 8.97 and 4.13 acres of property owned by Wellons Realty,
Inc. This property is located along Powell Avenue from Friendly Road to Ashe Avenue and is identified by
the Harnett County Tax Department as Parcel #02- 1507 -0054 and #02- 1507- 0054 -03.
The public hearing was duly advertised on June 19, 2007.
Mayor Pro Tern Olds asked if there was anyone present to speak for or against this annexation.
Hearing no comments, the public hearing was closed.
DEMOLITION OF HOUSE
601 E. BROAD STREET
The public has been notified that oral and written comments will be heard and received concerning the
demolition of the dwelling owned by TLMG, LLC and located at 601 E. Broad Street. \
The public hearing was duly advertised on June 19, 2007 and June 26, 2007.
Mayor Pro Tem Olds asked if there was anyone present to speak for or against this demolition.
Hearing no comments, the public hearing was closed.
DEMOLITION OF HOUSE
605 E. BROAD STREET
The public has been notified that oral and written comments will be heard and received concerning the
demolition of the dwelling owned by TLMG, LLC and located at 605 E. Broad Street.
The public hearing was duly advertised on June 19, 2007 and June 26, 2007.
Mayor Pro Tern Olds asked if there was anyone present to speak for or against this demolition.
Hearing no comments, the public hearing was closed.
DEMOLITION OF HOUSE
607 N. KING AVENUE
The public has been notified that oral and written comments will be heard and received concerning the
demolition of the dwelling owned by Pauline Williams and located at 607 N. King Avenue.
The public hearing was duly advertised on June 19, 2007 and June 26, 2007.
Mayor Pro Tern Olds asked if there was anyone present to speak for or against this demolition.
Hearing no comments, Mayor Pro Tom Olds closed public hearings and reconvened the regular council
meeting at 7:10 p.m.
CONSENTITEMS
Minutes - Council considered approval of minutes of the June 7, 2007 Council meeting.
Averasboro Fire District Contract- Council considered approval of the Averasboro Fire District Contract for
Fiscal Year 2007 -08. A copy of the Averasboro Fire District Contract is incorporated into these minutes as
Attachment #1.
Motion by Council Member Godwin, seconded by Council Member Maness to approve all consent items.
Motion unanimously approved.
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240
ITEMS FOR DECISION
REZONING REQUEST PZ -03 -07
PIN #1516 -45- 7711.000
PIN #1516 -45- 6664.000
PIN #1516 -45- 7572.000
700 0 i BLOCK OF S. FAYETTEVILLE AVENUE
A request was received from Christopher West (applicant) to rezone three parcels of property making up
the 700 1h block of S. Fayetteville Avenue totaling approximately two acres.
This property is currently zoned I -10; Restricted Industrial District and is requested to be rezoned to CO;
Office and Institutional District.
The Planning Board met on June 19, 2007 and recommended approval of this request.
Motion by Council Member Joey Tart, seconded by Council Member Billy Tart to approve the request
received from Christopher West (applicant) to rezone three parcels of property making up the 700' block
of S. Fayetteville Avenue (PIN #1516 -45- 7711.000, PIN #1516 -45- 6664.000, PIN #1516 -45- 7572.000)
from I -10; Restricted Industrial District to CO; Office and Institutional District based on the following
justification:
1. The request to change the zoning from I -10 to CO is consistent with the 2030 Land Use Plan
2. The request is not inconsistent with the evolving land use pattern for this area. The
surrounding land uses are Industrial or residential in nature and this change will be acceptable
since both office and residential uses are allowed in the CO District.
3. The permitted uses in the CO District are not considered detrimental to the neighborhood and
would be a benefit to the entire community. Furthermore, the allowable uses of the CO
District will be more compatible with the surrounding area than those allowable uses in the
current I -10 District.
Motion unanimously approved.
REZONING REQUEST PZ -04 -07
PIN #1507 -91- 3435.000
1601 W. CUMBERLAND STREET
A request was received from Wayne T. Barbour (applicant) to rezone a parcel located at 1601 W.
Cumberland Sheet. This parcel is approximately one -half of an acre.
This property is currently zoned C -2; Shopping Center District and is requested to be rezoned to C -3;
Highway Commercial District.
The Planning Board met on June 19, 2007 and recommended approval of this request.
Motion by Council Member Godwin, seconded by Council Member Maness to approve the request
received from Wayne T. Barbour (applicant) to rezone 1601 W. Cumberland Street (PIN #1507 -91-
3435.000) from C -2; Shopping Center District to C -3; Highway Commercial District based on the
following justification:
1. The request to change the zoning from C -2 to C -3 is consistent with the 2030 Land Use Plan for
this area.
2. The request is not inconsistent with the existing and evolving land use pattern for this area. The
surrounding land uses are C -3 or Civic/Religious in nature and this change would be acceptable.
3. The permitted uses in the C -3 District are not considered detrimental to the neighborhood and
would be a benefit to the entire community.
Motion unanimously approved.
CONSIDERATION OF RESOLUTION AND ORDER
TO PERMANENTLY CLOSE ALLEY IN THE 500"
BLOCK OF E. POPE ST. AND E. BAY ST. RUNNING
NORTH -SOUTH BETWEEN S. ELM AVE. AND S.
WASHINGTON AVE.
The Resolution of Intent to close the above referenced alley was adopted by the City Council on June 7,
2007 and the public hearing was held tonight.
Should Council wish to proceed with the closing of this alley, a Resolution and Order is attached for
consideration.
Motion by Council Member Galbreath, seconded by Council Member Joey Tart to adopt the Resolution
and Order to close the alley in the 500" block of E. Pope Street and E. Bay Street running north -south
between S. Elm Avenue and S. Washington Avenue. Motion unanimously approved. A copy of
Resolution and Order (R2007 -13) permanently closing the alley in the 500 block of E. Pope St. and E. Bay
St. running north -south between S. Elm Ave. and S. Washington Ave. is incorporated into these minutes as
Attachment #2.
241
CONSIDERATION OF ANNEXATION ORDINANCE
WELLONS REALTY, INC.
PARCEL #02 -1507 -0054 AND #02 -1507- 0054 -03
N. POWELL AVE. FROM FRIENDLY RD. TO ASHE AVE.
At the June Council meeting, the City Council approved a Resolution Fixing Date of Public Hearing on
question of voluntary contiguous annexation of the following property owned by Wellons Realty, Inc. and
located along N. Powell Avenue from Friendly Road to Ashe Avenue.
Tract I— Parcel #02- 1507 -0054 northeastern portion of this parcel containing 8.97 acres
Tract II — Parcel #02 -1507- 0054 -03 together with the right of way of N. Powell Avenue containing 4.13
acres
Motion by Council Member Maness, seconded by Council Member Billy Tart to adopt an ordinance to
extend the corporate limits of the City of Dunn by the annexation of 8.97 and 4.13 acres of property
identified by Harnett County as Parcel #02- 1507 -0054 and #02- 1507- 0054 -03 located along N. Powell
Avenue from Friendly Road to Ashe Avenue and owned by Wellons Realty, Inc. Motion unanimously
approved. A copy of this Ordinance (02007 -08) extending the corporate limits of the City of Dunn by
annexation of 8.97 acres of PARCEL #02 -1507 -0054 and 4.13 acres of PARCEL #02- 1507- 0054 -03 is
incorporated into these minutes as Attachment #3.
CONSIDERATION OF ORDINANCE
TO DEMOLISH HOUSE
601 E. BROAD STREET
Motion by Council Member Galbreath, seconded by Council Member Godwin to adopt the ordinance
directing the Building Inspector to proceed with the demolition of the dwelling located at 601 E. Broad
Street. Motion unanimously approved. A copy of this Ordinance (02007 -09) Directing the Building
Inspector to remove /demolish the dwelling located at 601 E. Broad Street is incorporated into these
minutes as Attachment #4.
CONSIDERATION OF ORDINANCE
TO DEMOLISH HOUSE
605 E. BROAD STREET
Motion by Council Member Billy Tart, seconded by Council Member Godwin to adopt the ordinance
directing the Building Inspector to proceed with the demolition of the dwelling located at 605 E. Broad
Street. Motion unanimously approved. A copy of this Ordinance (02007 -10) Directing the Building
Inspector to remove /demolish the dwelling located at 605 E. Broad Street is incorporated into these
minutes as Attachment #5.
CONSIDERATION OF ORDINANCE
TO DEMOLISH HOUSE
607 N. KING AVENUE
Motion by Council Member Maness, seconded by Council Member Billy Tart to adopt the ordinance
directing the Building Inspector to proceed with the demolition of the dwelling located at 607 N. King
Avenue. Motion unanimously approved. A copy of this Ordinance (02007 -11) Directing the Building
Inspector to remove /demolish the dwelling located at 607 N. King Avenue is incorporated into these
minutes as Attachment #6.
CONSIDERATION OF RESOLUTION
AUTHORIZING DISPOSITION OF
SURPLUSPROPERTY
Manager Autry asked that the Council adopt a resolution authorizing disposition of surplus property. The
City auction is normally held in town with limited bidders. Mr. Autry stated he was contacted by Aycock
Auction Company of Kenly advising they were holding the Johnston County auction on July 28, 2007 and
asked that the City of Dunn join with Johnston County in this auction. Aycock Auction will also advertise
the auction. Mr. Autry explained that the City of Dunn will "piggyback" off of the County of Johnston bid
proposal received from Aycock Auction. He stated that the City of Dunn should see a higher sales price by
marketing to a wider potential base of buyers.
Motion by Council Member Joey Tart, seconded by Council Member Godwin to adopt the resolution
authorizing the disposition of surplus property and authorize the services of Aycock Auction Company of
Kenly, NC to sell surplus equipment on Saturday, July 28, 2007 at 10:00 a.m. at the Johnston County
Livestock Arena located off Highway 210 in Smithfield. Motion unanimously approved. A copy of
Resolution (R2007 -14) authorizing the disposition ofsurplus property is incorporated into these minutes as
Attachment #7.
It was suggested that a list of the surplus property be posted on the government channel in addition to the
advertisement in The Daily Record.
CONSIDERATION OF INSURANCE RESOLUTION
FOR WORKERS' COMPENSATION
Mayor Pro -Tem Olds stated that attached is an updated resolution which will replace a resolution adopted
by the City Council on July 6, 2006 as it relates to approving the renewal of the workers' compensation
insurance through Snipes Insurance Services, Inc.
Mr. Olds stated that pursuant to N.C.G.S. 14 -234, if the City is going to do business with an elected
official, it must do so in an open meeting by specific resolution. The City is proposing to renew the
workers' compensation coverage through Snipes Insurance and the City Council must therefore pass a
specific resolution authorizing such action. The renewal is effective for FY 2007 -2008.
Motion by Council Member Billy Tart, seconded by Council Member Joey Tart to adopt the resolution
authorizing the City of Dunn to renew the workers' compensation coverage through Snipes Insurance.
Motion unanimously approved. A copy of the Resolution (R2007 -I5) authorizing the City of Dunn to
renew workers' compensation through Snipes Insurance is incorporated into these minutes as
Attachment #8.
ADMINISTRATIVE REPORTS
Motion by Council Member Godwin, seconded by Council Member Joey Tart to approve the
Administrative Reports. Motion unanimously approved.
EXECUTIVE REPORTS
242
Council Member Godwin congratulated School Resource Officer (SRO) Byron Tyndall and commended
him in receiving the advanced law enforcement certificate as well as the great job he does as SRO. He also
recognized Police Chief Jones for the reflection that this type of certificate has on his department.
Council Member Galbreath thanked the Police Department, county and state emergency responders, and
citizens that played a part in finding missing person J.W. Malloy.
Mayor Pro Tem Olds read a letter from the Malloy family thanking everyone for finding their loved one.
Mayor Pro Tem Olds announced that Mayor Snipes is on a much needed vacation and City Attorney Pope
had prior plans.
Mayor Pro Tem Olds wished Council Member Godwin's mother well as she underwent surgery today.
CLOSED SESSION
Motion by Council Member Godwin, seconded by Council Member Maness to enter Closed Session
pursuant to the North Carolina Open Meetings law to discuss a matter relating to personnel at 7:28 p.m.
Motion unanimously approved.
Closed Session
Closed Session adjourned at 7:50 p.m.
Motion by Council Member Maness, seconded by Council Member Godwin to approve the minutes of the
closed session as recorded by City Clerk Debra G. West. Motion unanimously approved.
With no further business to discuss the meeting was adjourned at 7:47 p.m.
' ,,,NiIfi lh,
CITY O ''�
'GORPO
Donnie Olds
S — Mayor Pro Tem
Attest: CAROB
Djo.a- ,2j.1
bebraG. West
City Clerk