09062007248
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Thursday, September 6, 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, City Planner Steven Neuschafer,
Recreation Director Perry Hudson, Public Works Director Billy Addison, Public Utilities Director
Dean Gaster, Fire Chief Austin Tew, 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 Maness 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
PUBLIC COMMENT PERIOD
Mayor Snipes opened the floor for a (30) minute public comment period.
Ms. Mellicent Massey, representing The Working Group, Inc., announced their community event scheduled
for September 8, 2007. She requested donations for the entertainment, and announced that they will be
registering voters during this event.
Hearing no further comments a motion was made by Council Member Billy Tart and seconded by Council
Member Maness to close the public comment period. Motion unanimously approved.
PUBLICHEARINGS
REZONING REQUEST PZ -05 -07
PIN #1516 -57- 5975.000
304 W. BROAD STREET
The public has been notified that oral and written comments will be heard and received concerning the
request by James Little (applicant) to rezone a parcel of land totaling 0.48± acres located at 304 W. Broad
Street.
This property is currently zoned R -10; Single Family Residential District and is requested to be rezoned to
CO; Office and Institutional District.
The public hearing was duly advertised on August 14, 2007 and August 21, 2007.
Mayor Snipes asked if there was anyone present to speak for or against this rezoning request.
Hearing no continents, the public hearing was closed.
REZONING REQUEST PZ -06 -07
PIN #1506 -79- 0376.000
1601 ERWIN ROAD
The public has been notified that oral and written comments will be heard and received concerning the
request by Melissa Stevens (applicant) to rezone an existing parcel of land totaling 0.69± acres located at
1601 Erwin Road.
This property is currently zoned C -3; Highway Commercial District and is requested to be rezoned to R -10;
Single Family Residential District.
The public hearing was duly advertised on August 14, 2007 and August 21, 2007.
Mayor Snipes asked if there was anyone present to speak for or against this rezoning request.
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Hearing no comments, the public hearing was closed
ORDINANCE AMENDMENT OA -01 -07
ARTICLE III - DISTRICTS
ADDING SECTION 22 -59 LANDSCAPING
The public has been notified that oral and written comments will be heard and received concerning the
request by the City of Dunn Planning Department to add Section 22 -59 Landscaping Regulations to the
City of Dunn Code of Ordinances. This is a new section developed to set standards for buffering properties
of conflicting land uses and densities.
The public hearing was duly advertised on August 14, 2007 and August 21, 2007.
Mayor Snipes asked if there was anyone present to speak for or against this ordinance amendment. �1
Hearing no comments, the public hearing was closed
ORDINANCE AMENDMENT OA -02 -07
ARTICLE X — ADMINISTRATION AND ENFORCEMENT
ADDING SECTION 22 -530 CIVIL REMEDIES AND EQUITABLE RELIEF
The public has been notified that oral and written comments will be heard and received concerning the
request by the City of Dunn Planning Department to add Section 22 -530 Civil Remedies and Equitable
Relief to the City of Dunn Code of Ordinances. This is a new section developed to set standards for
enforcement of the Zoning Ordinance.
The public hearing was duly advertised on August 14, 2007 and August 21, 2007.
Mayor Snipes asked if there was anyone present to speak for or against this ordinance amendment.
Hearing no comments, motion by Council Member Joey Tart, seconded by Council Member Godwin to
close public hearings and reconvene the regular council meeting at 7:12 p.m. Motion unanimously
approved.
CONSENTITEMS
Minutes - Council considered approval of minutes of the August 2, 2007 Council meeting.
Minutes - Council considered approval of minutes of the August 23, 2007 Special Call meeting.
Budget Amendments - Council considered approval of Budget Amendments #2 - #3. A copy of Budget
Amendments #2 - #3 is incorporated into these minutes as Attachment W.
Tax Releases/Refunds- Council considered approval of Tax Releases/Refunds #126 - #132. A copy of Tax
Releases /Refunds is fled in the office of the Tax Collector.
A motion was made by Mayor Pro Tem Olds and seconded by Council Member Galbreath to approve all
consent items. Motion unanimously approved.
ITEMS FOR DECISION
REZONING REQUEST PZ -05 -07
PIN #1516 -57- 5975.000
304 W. BROAD STREET
A request was received from James Little (applicant) to rezone a parcel located at 304 W. Broad Street
totaling 0.48± acres.
This property is currently zoned R -10; Single Family Dwelling District and is requested to be rezoned to
CO; Office and Institutional District.
The Planning Board met on August 21, 2007 and recommended approval of this request.
Motion by Council Member Godwin, seconded by Council Member Maness to approve the request
received from James Little (applicant) to rezone a parcel located at 304 W. Broad Street (PIN #1516 -57-
5975.000) from R -10; Single Family Dwelling District to CO; Office and Institutional District based on the
following justification:
1. CO uses are consistent with the 2030 Land Use Plan for this area.
2. The amendment is not inconsistent with the evolving land use pattern for this area. The
surrounding land uses are office 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.
Motion unanimously approved.
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REZONING REQUEST PZ -06 -07
PIN 41506 -79- 0376.000
1601 ERWIN ROAD
A request was received from Melissa Stevens (applicant) to rezone a parcel located at 1601 Erwin Road
totaling 0.69± acres.
This property is currently zoned C -3; Highway Commercial District and is requested to be rezoned to R -10;
Single Family Dwelling District.
The Planning Board met on August 21, 2007 and recommended approval of this request.
Motion by Mayor Pro Tem Olds, seconded by Council Member Galbreath to approve the request received
from Melissa Stevens (applicant) to rezone 1601 Erwin Road (PIN #1506 -79- 0376.000) from C -3;
a Highway Commercial District to R -10; Single Family Dwelling District based on the following
justification:
1. R -10 uses are consistent with the 2030 Land Use Plan for this area.
2. The amendment is not inconsistent with the surrounding land uses which are both (historically
mixed commercial and residential) in this area. This change will be acceptable since this parcel
has always been residential.
3. The permitted uses in the R -10 District are act considered detrimental to the neighborhood and
would be a benefit to the entire community.
Motion unanimously approved.
ORDINANCE AMENDMENT OA -01 -07
ARTICLE III - DISTRICTS
ADDING SECTION 22 -59 LANDSCAPING
Mayor Snipes explained that this is a new Section developed to set standards for buffering properties of
conflicting land uses and densities. These standards will create requirements for a planted or structural
barrier between specified uses. It will also establish the minimum standards for landscaping new and
expanded parking lots.
The Planning Board met on August 21, 2007 and recommended approval of this ordinance amendment.
Planner Neuschafer stated that the Planning Board has been working on this ordinance for over a year.
This ordinance came in a previous form to the City Ccuncil and was tabled for further study. The Planning
Board made further modifications to this ordinance before bringing it back to the City Council for
consideration. Mr. Neuschafer explained that this ordinance consists of buffering landscape requirements
to protect different land uses. Parking lot landscaping requirements are included as well. Mr. Neuschafer
pointed out that this ordinance not only protects existing properties and uses, but it is not too burdensome to
new developments and properties.
Motion by Council Member Godwin, seconded by Council Member Joey Tart to approve the request from
the Planning Department to amend the Zoning Ordinance by adding Section 22 -59 Landscape Regulations,
revoke Section 22- 164(b), Section 22- 183(b) and reclassify as Reserved Sections 22- 345.6, 22 -345.7 and
22- 345.10. Motion unanimously approved. A copy of Ordinance (02007 -12) is incorporated into these
minutes as Attachment #2.
ORDINANCE AMENDMENT OA -02 -07
ARTICLE X — ADMINISTRATION AND ENFORCEMENT
ADDING SECTION 22 -530 CIVIL REMEDIES
AND EQUITABLE RELIEF
Mayor Snipes explained that this is a new Section developed to set standards for enforcement of the Zoning
Ordinance, Chapter 22 of the City of Dunn Code of Ordinances. This new Section covers notice given for
violations and penalties for violations.
The Planning Board met on August 21, 2007 and recommended approval of this ordinance amendment.
Planner Neuschafer stated that the current ordinance is very vague as it relates to the steps and procedures
that the City may take with enforcement of the zoning ordinance. This proposal sets out an exact time
frame and methodology to remedy or abate a zoning violation.
i
Motion by Council Member Galbreath, seconded by Mayor Pro Tem Olds to approve the request from the
Planning Department to amend the Zoning Ordinance by adding Section 22 -530 Civil Remedies and
Equitable Relief and revoke Section 22 -249 and reclassify as Reserved. Motion unanimously approved.
A copy of Ordinance (02007 -13) is incorporated into these minutes as Attachment #3.
FINAL SUBDIVISION PLAT APPROVAL
FOR THE "COTTAGES AT GLENEAGLES"
WELLONS REALTY, INC.
Manager Autry explained that during the November 21, 2006 meeting, the Planning Board approved the
Preliminary Plat for this single family dwelling subdivision. This land has been zoned for the R -10
subdivision. This subdivision has also been annexed into the City by request of the owner; and at this time
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the improvements required by City Code are being completed. City staff have reviewed the construction
plans and inspected the completed work.
The Planning Board met on August 21, 2007 and recommended approval of this final plat.
Motion by Mayor Pro Tern Olds, seconded by Council Member Maness to approve the final subdivision
plat for the "Cottages at Gleneagles" for Wellons Realty, Inc. Motion unanimously approved.
CONSIDERATION OF
SOLID WASTE CONTRACT
AMENDMENT
REPUBLIC WASTE SERVICES
Manager Autry stated that during the Dunn City Council Special Call Meeting of March 15, 2007,
discussion was held with regard to extending the existing garbage contract with Republic Waste Services.
The City Council renewed the agreement for an additional three (3) year term beginning July 1, 2007 and
ending June 20, 2010.
In addition, the Council asked the City Manager to negotiate with Republic Waste for an additional two (2)
year extension.
This amendment sets the same terms of the original contract with an annual CPI (consumer price index)
increase and if approved, will extend the contract beginning July 1, 2010 and ending June 30, 2012.
Motion by Council Member Joey Tart, seconded by Mayor Pro Tern Olds to approve an additional two (2)
year extension to the existing Solid Waste Contract with Republic Waste Services beginning July 1, 2010
and ending June 30, 2012. Motion unanimously approved. A copy of this Amendment to the Solid Waste
Contract is incorporated into these minutes as Attaclmient #4.
Council Member Maness noted the importance of extending this contract. The reason for the extension was
attributed to the extensive savings for the taxpayers by locking in the same rates with only a consumer price
index increase each year.
Mayor Snipes noted that the City is paying well below the market price for garbage service and will
continue to pay below the market price for the next five (5) years.
TEMPORARY STREET CLOSING
THE WORKING GROUP
Manager Autry explained that the Working Group, Inc. is requesting that the following streets be closed
from 9:00 a.m. until 7:30 p.m. on Saturday, September 8, 2007 for their street intervention and HIV /AIDS
awareness event.
• East end of E. Townsend Street running east along Carr Street to N. Elm Avenue
• N. Washington Avenue from E. Vance Street to E. Carr Street
Motion by Mayor Pro Tem Olds, seconded by Council Member Galbreath to approve the temporary street
closures as requested by the Working Group, Inc. Motion unanimously approved.
TEMPORARY STREET CLOSING
FRIENDS OF THE CANCER CENTER BENEFIT
Manager Autry explained that the Friends of the Cancer Center are requesting that the following streets be
closed from 5:00 p.m. until 12:00 a.m. on Saturday, October 6, 2007 for their fundraiser event to be held at
the Dunn Shrine Center.
• Wilson Avenue from Edgerton Street to Harnett Street
• Edgerton Street from Wilson Avenue to Clinton Avenue
Motion by Council Member Billy Tart, seconded by Council Member Godwin to approve the temporary
street closures as requested by the Friends of the Cancer Center. Motion unanimously approved.
CONSIDERATION OF RESOLUTIONS TO
ASSIGN ANNEXATIONS TO VOTING
DISTRICTS/WARDS
Manager Autry explained that the Council is being asked to adopt three (3) resolutions that assign voting
districts /wards for three (3) separate voluntary annexations which have been recorded for commercial and
undeveloped vacant property. Although this will not involve any voters at this time, this process will
assure that the annexed property is assigned to the correct voting district/ward.
Mr. Autry stated that these resolutions will be forwarded to the US Justice Department and the Harnett
County Board of Elections office.
Motion by Council Member Maness, seconded by Mayor Pro Tern Olds to adopt three (3) Resolutions
Establishing the Voting Ward Designation for Land Annexed Into the City of Dunn, Corporate Limits.
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Motion unanimously approved. A copy ofResolutions (R2007 -16), (R2007 -17), and (R2007 -18)
Establishing the Voting Ward Designation for Annexed Land is incorporated into these minutes as
Attachment #5.
Council Member Galbreath pointed out that this will affect Wards 6, 1 and 4. Mayor Snipes stated that it
does not affect any individuals living in these wards at the current time but will with future growth.
AWARD BID FOR BANK FINANCING
CAPITAL PURCHASES FOR FY 07 -08
Manager Autry explained that a request for financing proposals was submitted to all approved financial
institutions for the financing of the following equipment approved for Fiscal Year 2007 -2008:
Backhoe for Cemetery $32,000
m Police Car $25,000
Fire Radios $24,000
Playground Equipment $40,000
Mower for Recreation $ 9,000
Financing Not to Exceed $130,000
The proposals received are as follows:
Financial Institution Term Rate Total interest and fees
First Citizens Bank 3 years 3.55% $ 9,530.00
BB &T 3 years 3.75% $ 9,749.99
RBC Comma 3 years 3.69% $ 9,809.85
Suntrust 3 years 3.85% $10,010.00
Motion was made by Council Member Joey Tart and seconded by Council Member Maness to award
financing to First Citizens Bank at a rate of 3.55% with three (3) annual payments in arrears. Motion
unanimously approved.
"NO PARKING" ZONE
200 BLOCK OF SOUTH LUCKNOW SQUARE
Manager Autry explained that a letter of request has been received from the Dunn Rescue Squad to
eliminate approximately 80 feet of public parking in the 200 Block of South Lucknow Square directly in
front of the rescue vehicle bays. This will allow rescue to have clear access to the roadway to respond to
calls.
Motion by Council Member Billy Tart, seconded by Council Member Godwin to approve a "No Parking
Zone" for approximately 80 feet in the 200 Block of South Lucknow Square directly in front of the Dunn
Rescue Squad vehicle bays. Motion unanimously approved.
Discussion was held about the need to place a "Do Not Block" sign at the Highway 421 exit to keep it clear
from traffic in the event of a call received during train traffic. This request will need to be directed to the
Department of Transportation (DOT) since Highway 421 is a state maintained highway. Manager Autry
was directed to contact DOT about this issue.
AUTHORIZATION FOR FIRE
DEPARTMENT TO ACCEPT THE
HOMELAND SECURITY- ASSISTANCE
TO FIREFIGHTERS GRANT (AFG)
Manager Autry explained that the Dunn Fire Department has the opportunity to accept an award in the
amount of $125,450.00 through the U.S. Department of Homeland Security. The Federal share will be
$119,178.00 and the City's match will be $6,272.00. This is a matching grant of 95/5. The Assistance to
Firefighters Grant (AFG) must be completed by August 8, 2008.
The City of Dunn Fire Department proposes to purchase 26 complete (SCBA) Self Contained Breathing
Apparatus and 26 spare bottles with the AFG funds.
Motion by Council Member Maness, seconded by Mayor Pro Tem Olds to authorize the Fire Department to
accept the Assistance to Firefighters Grant (AFG) in the amount of $119,178.00 and fund the City's match
of $6,272.00. Motion unanimously approved.
,,
The Council commended Fire Chief Tew in obtaining this ,grant , ,' "•.
r '
CONSIDERATION OF MEMORANDUM _
OF AGREEMENT FOR FIRE DEPARTMENT
NEEDS ASSESSMENT ^,
Mayor Snipes explained that discussions have been held with regard to the needs of the City of Dunn Fire
Department. These needs were a priority with the Mayor and Council during budget preparations. The
Fiscal Year 2007 -2008 budget appropriated for the financing of a Fire Service Truck at a cost of
approximately $300,000.00. Bids were received from four (4) vendors and the low bid was $296,886.00.
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To better address the needs of the Fire Department, the North Carolina League of Municipalities has
submitted a proposal to perform a "Needs Assessment" for the City of Dunn. This assessment would
include but is not limited to personnel, equipment, and structures.
Mayor Snipes asked that the Council put the purchase of the Fire Service Truck on hold until this study is
complete.
Much discussion was held about the justification for conducting the assessment. Mayor Pro Tern Olds
questioned why the City would pay an outside agency $7500.00 to tell the Fire Department what they need.
He stated that the Fire Chief and fire department members are in a better position to know what they need.
Several members of the Council stated that an outside agency could better assess the needs of the entire
department by prioritizing those needs.
Motion by Council Member Godwin, seconded by Council Member Joey Tart to approve the Memorandum
of Agreement between the City of Dunn and the North Carolina League of Municipalities for a Fire
Department Needs Assessment at a cost of $7500.00 and approve budget amendment #4. Motion carried
5 -1 with Mayor Pro Tern Olds casting the dissenting vote. A Copy of the Memorandum of Agreement
between the North Carolina League of Municipalities and the City ofDunn to perform a Needs Assessment
for the City of Dunn Fire Department and Budget Amendment #4 are incorporated into these minutes as
Attachment #6.
ADMINISTRATIVE REPORTS
Motion by Council Member Billy Tart, seconded by Council Member Joey Tart to approve the
Administrative Reports. Motion unanimously approved.
EXECUTIVE REPORTS
Council Member Joey Tart expressed appreciation to the Working Group and Friends of the Cancer Center
for the difference they are making in the community.
Council Member Godwin mentioned the interesting article Mayor Snipes sent to the Council about the
Town of Hendersonville.
Council Member Billy Tart expressed appreciation to the Dunn Fire Department for the job they are doing
as well as the other Departments in the City of Dunn.
Council Member Maness announced that a candidates forum will be held on Monday, September 17, 2007
at 7:00 p.m. in the Council Chambers. He encouraged everyone to attend.
Council Member Galbreath recognized Mr. Charles Malloy, who was in the audience earlier tonight. Mr.
Malloy requested an additional (30) day extension at the August Council meeting, to complete repairs at a
dilapidated structure located at 405 N. Elm Avenue. He thanked Mr. Malloy for completing the repair of
this structure. This proves that when the citizens cooperate with the City Administration and Council,
families can be placed into a structure that otherwise, would have been torn down.
Council Member Galbreath reminded citizens of the PAL Golf Tournament on September 1P beginning at
11:00 a.m. at the Chicora Country Club. He thanked PAL for sponsoring a Family Fun Day held at
Codrington Park Pool recently.
Manager Autry recognized and welcomed Utilities Director Dean Gaster, who will be responsible for
water and wastewater plant compliance. Some duties at Public Works have been separated. Public Works
Director Billy Addison will be responsible for overseeing the distribution systems, water /sewer
maintenance, sheets and cemeteries.
Mayor Snipes asked that citizens observe and pay attention to the bus traffic with school starting back.
Mayor Snipes announced that he along with City Engineer Ed Powell and Manager Autry met with Nancy
Guthrie, representative from the Clean Water Management Trust Fund Grant ( CWMTF), to receive an
update on the City's application. The CWMTF grant recipients will be announced on October 8 and 9,
2007. The City of Dunn has been working very hard to obtain a three (3) million dollar grant.
Mayor Snipes wished City Attorney Pope a Happy Birthday.
With no further business to discuss, the meeting was adjourned at 8:13 p.m.
Attest:
Debra G. West
City Clerk
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