110620031008
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Thursday, November 6, 2003, at
7 :00 p.m. in the Dunn Municipal Building. Present was Mayor Abraham Oudeh, Mayor Pro -Tem
Michael Womble, Council Members Joey Tart, Toby Sumner, Donnie Olds, George Robinson and
Paul Bass. Also present was City Manager Michael Uskiewicz, Assistant City Manager/Public
Works Director Ronnie Autry, Human Resources /Safety Officer Moses Gallion, City Planner /Code
Enforcement Officer Julie Reid, Recreation Director Perry Hudson, Police Chief Timothy Benware,
Fire Chief Austin Tew, City Engineer Ed Powell, City Attorney P. Tilghman Pope, City Clerk Debra
West, and Daily Record Reporter Lisa Farmer.
INVOCATION
Mayor Oudeh opened the meeting at 7:00 p.m. and asked Toby Sumner to give the invocation. Afterwards,
the pledge of allegiance was repeated.
PRESENTATION
Mayor Oudeh presented Public Utilities Director Joe Campbell a retirement plaque, in appreciation of his
25 years of service to the City of Dunn.
Mr. Campbell thanked the Mayor and Council. He also thanked the employees of the Water and
Wastewater Plants for their help and cooperation through the years.
Mayor Oudeh closed the regular meeting and opened public hearings at 7:04 p.m.
PUBLIC HEARINGS
VOLUNTARY ANNEXATION
TILGHMAN AND POPE PROPERTY
The public has been notified that oral and written comments will be heard and received concerning the
question of voluntary contiguous annexation of 41.72 acres of property owned by Granville Tilghman,
Johnson and Elaine Tilghman and Mary T. Pope. This property is located on Highway 421 east of I -95.
The public hearing was duly advertised on October 23, 2003 and all pertinent data is attached under Item
VI -1.
Mayor Oudeh asked if there was any comment from the public. Hearing none, he closed the public hearing
in reference to same.
REZONING REQUEST
BESTPROPERTY
PIN #1527 -16 -0414
The public has been notified that oral and written comments will be heard and received concerning the
request by Gene and Linda Best to rezone the property located on the east side of Jernigan Road (SR1810)
midway between US 301 North and Hobson Road in the extra territorial jurisdiction (ETJ) of the City of
Dunn.
This property is zoned R -20 Single Family Dwelling and is requested to be rezoned to C -3 Highway
Commercial.
The public hearing was duly advertised on October 21, 2003 and October 28, 2003 and all pertinent data is
attached under Item VI -2.
Mayor Oudeh asked if there was any comment from the public. Hearing none, he closed the public hearing
in reference to same.
REZONING REQUEST
COATS DISTRIBUTING INC.
PIN #1507 -91 -4098 and 1507 -90 -7954
The public has been notified that oral and written comments will be heard and received concerning the
request by Coats Distributing Inc. to rezone two (2) parcels of land located on the south side of US 421
West of Powell Avenue.
The property is zoned I -10 Restricted Industrial and is requested to be rezoned to C -3 Highway
Commercial.
The public hearing was duly advertised on October 21, 2003 and October 28, 2003 and all pertinent data is
attached under Item VI -3.
Mayor Oudeh asked if there was any comment from the public. Hearing none, he closed the public hearing
in reference to same.
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REZONING REQUEST
MML & ASSOCIATES
CARLIE C AND JOYCE MCLAMB
PIN # 1516 -76- 7138,1516 -6 -7175, 1516 -76- 7009,1516 -76- 6097,1516 -76 -6064
The public has been notified that oral and written comments will be heard and received concerning the
request by MML Associates and Carlie C and Joyce McLamb to rezone five (5) parcels of land located
along Washington Avenue between East Cumberland Street and East Broad Street.
This property is zoned R -7 Residential and is requested to be rezoned to C -3 Highway Commercial
The public hearing was duly advertised on October 21, 2003 and October 28, 2003 and all pertinent data is
attached under Item VI -4.
Mayor Oudeh asked if there was any comment from the public. Hearing none, he closed the public hearing
in reference to same.
CODE AMENDMENTS
CHAPTERS 11 (LICENSES AND BUSINESS REGULATIONS) AND 22 (ZONING)
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 amend the City of Dunn Code of Ordinances, Chapters
11 (Licenses and Business Regulations) and 22 (Zoning).
Revisions under consideration are:
a. Adding "Family Care Home" to Sections 22 -1, 22 -71, 22 -81, and 22 -101
b. Adding "Motels, Hotels and associated conference facilities" to Section 22 -162
c. Revising Section 22 -1 "Restaurant, drive -in"
d. Revising Section 11 -2 "Sales on streets or sidewalks - Generally"
e. Revising Section 11 -259 "Advertising; signs" (Yard Sale Signs)
f. Revising Section 22 -255 "Temporary Signs"
g. Revising Section 22 -296 "Miscellaneous " and Adding Section 22 -297 "Special Provisions"
h. Adding Section 22 -57 "Non - residential Incidental Accessory Uses"
i. Revising Sign Permit Fees
j. Revising Section 22 -292 (1) a, 5; (2) b, 5; (3) a, 5; and (4) a "Attached Signs"
The public hearing was duly advertised on October 21, 2003 and October 28, 2003 and all pertinent data is
attached under Item VI -5.
Mayor Oudeh asked if there was any comment from the public.
Mr. Billy Barfield asked for an explanation of these proposed amendments and changes.
City Planner /Code Enforcement Officer Julie Reid stepped forward. She stated that the proposed changes
to these ordinances are based on three (3) things:
1. Where there is a conflict between two provisions of the City's Code of Ordinances.
2. Where there has been a revision to the state statutes that requires the City to change it's
ordinance.
3. To clean up the ordinance and get it into a format that is easier to use by the general public.
Mayor Oudeh asked Mr. Barfield what particular changes did he need explained. Mr. Barfield responded
family care homes.
Mrs. Reid explained that the definition "family care home" was added by the general statutes a couple of
years ago, and the purpose was to prohibit discrimination for handicapped persons in housing. She added
that it defines "family care home" specifically as an adult care home with support and supervisory
personnel that provides room and board, personal care and habilitation services in a family environment for
not more than six (6) resident handicapped persons. She further stated that this part of the statute prohibits
municipalities from requiring any kind of conditional use permit or rezoning. They are a permitted use by
state statute in all residential districts. She stated that this proposed code change would add "family care
home" to all residential districts.
Council Member Tart asked Ms. Reid if this particular code change was just bringing the City Code up to
meet the state statute. Reid responded yes, adding that the City's ordinance does not have a provision for
"family care homes ", which is different than a group home or child care facility.
Mayor Oudeh asked if there was any more comment from the public. Hearing none, Mayor Oudeh closed
the public hearings and reconvened the regular Council meeting at 7:10 p.m.
CONSENT ITEMS
Mayor Oudeh asked if there were any consent items that Council wished to pull for further discussion.
Mayor Pro -Tem Womble stated that he did not want to pull an item from the consent agenda, but had a
concern with the sealed bid amounts received for four (4) surplus vehicles. He added that these amounts
seem very low and asked if anyone had determined whether or not these bids were reasonable.
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Manager Uskiewicz stated that he had not. He added that there were a number of bidders and these bids
were higher than received at the 2002 auction.
Council Member Bass stated that these cars would bring more at a public auction.
Manager Uskiewicz stated that protocol was followed; these vehicles have been surplused and have been
used quite extensively. He added that it is for council's concurrence to approve or reject these bids.
Attorney Pope stated that if this issue is going to be discussed at length, and voted on separately, then they
need to pull it from the consent agenda.
The following consent items were considered by Council:
Minutes- Council considered approval of minutes of the October 2, 2003 meeting
Textile Resolution - Council considered approval of a textile resolution asking local officials to
communicate with the President and Congress on the trade issue. A copy ofthis Textile Resolution (82003-
22) is incorporated into these minutes as Attachment #1.
Reimbursement Resolution - Council considered approval of a Reimbursement Resolution for the Highway
421 widening project. A copy ofthis Reimbursement Resolution (R2003 -23) for the Highway 421 widening
project is incorporated into these minutes as Attachment #2.
LGC Authorizing Resolution - Council considered approval of a Local Government Commission
Authorizing Resolution authorizing the filing of an application for approval of a financing agreement for
the Highway 421 widening project. A copy of this LGC Authorizing Resolution (R2003 -24) for the
Highway 421 widening project is incorporated into these minutes as Attachment #3.
Motion by Council Member Bass, seconded by Council Member Sumner to approve all consent items with
the exception of surplus vehicles bid approval. Motion unanimously approved.
Surplus Vehicles Bid Approval - Council pulled this item from the consent agenda and placed under
decision. The highest bids received for four (4) surplus vehicles are as follows: 1994 Ford Crown Victoria
@ $730, 1992 Chevrolet Caprice @ $825 and 1997 Black Pontiac Bonneville SSEi @ $925 — High bid for
these (3) vehicles received by Auto Discount of Dunn, NC and 1994 Ford Crown Victoria @ $452 received
by Harris Royal of Dunn, NC.
ITEMS FOR DECISION
VOLUNTARY ANNEXATION
�✓ TILGHMAN AND POPE PROPERTY
At the October Council meeting, the City Council approved a Resolution Fixing Date of Public Hearing on
question of voluntary contiguous annexation of 41.72 acres of property owned by Granville Tilghman,
Johnson and Elaine Tilghman and Mary T. Pope and located on Highway 421 east of I -95.
Pursuant to N.C. G. S. 160A -31, the notice of tonight's public hearing was advertised on October 23, 2003.
Motion by Council Member Tart, seconded by Council Member Olds to adopt an ordinance to extend the
corporate limits of the City of Dunn by the annexation of 41.72 acres of property located on Highway 421
east of I -95 and owned by Granville Tilghman, Johnson and Elaine Tilghman, and Mary T. Pope. Motion
unanimously approved. A copy of this ordinance (02003 -10) to extend the corporate limits of the City of
Dunn is incorporated into these minutes as Attachment #4.
REZONING REQUEST
BESTPROPERTY
PIN #1527 -16 -0414
A request was received from Gene and Linda Best to rezone the property located on the east side of
Jernigan Road (SR1810) midway between US 301 North and Hobson Road in the extra territorial
jurisdiction (ETJ) of the City of Dunn. This property is zoned R -20 Single Family Dwelling and is
requested to be rezoned to C -3 Highway Commercial.
The Planning Board met on October 14, 2003 and recommended approval of the rezoning request.
Motion by Council Member Olds, seconded by Council Member Tart to rezone the property (PIN #1527-
16 -0414) located on the east side of Jernigan Road (SR1810) midway between US 301 North and Hobson
Road in the ETJ of the City of Dunn from R -20 Single Family Dwelling to C -3 Highway Commercial.
Motion unanimously approved.
REZONING REQUEST
COATS DISTRIBUTING INC.
PIN #1507 -91 -4098 and 1507 -90 -7954
A request was received from Coats Distributing Inc. to rezone two (2) parcels of land located on the south
side of US 421 West of Powell Avenue in the City of Dunn. This property is zoned I -10 Restricted
Industrial and is requested to be rezoned to C -3 Highway Commercial.
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The Planning Board met on October 14, 2003 and recommended approval of the rezoning request
Motion by Council Member Olds, seconded by Council Member Tart, to rezone two (2) parcels of property
(PIN #1507 -91 -4098 and 1507 -90 -7954) located on the south side of US 421 West of Powell Avenue from
I -10 Restricted Industrial to C -3 Highway Commercial. Motion unanimously approved.
REZONING REQUEST
MML & ASSOCIATES AND CARLIE C AND JOYCE MCLAMB
PIN #1516 -76 -7138, 1516 -76 -7175, 1516 -76- 7009,1516 -76- 6097,1516 -76 -6064
A request was received from NIlvII, Associates and Carlie C and Joyce McLamb to rezone five (5) parcels
of land located along Washington Avenue between East Cumberland Street and East Broad Street in the
City of Dunn. This property is zoned R -7 Residential and is requested to be rezoned to C -3 Highway
Commercial.
The Planning Board met on October 14, 2003 and recommended approval of the rezoning request.
Motion by Council Member Tart seconded by Coancil Member Robinson to rezone five (5) parcels of
property (PIN #1516 -76 -7138, 1516 -76 -7175, 1516 -76 -7009, 1516 -76 -6097, 1516- 76- 6064) located along
Washington Avenue between East Cumberland Street and East Broad Street from R -7 Residential to C -3
Highway Commercial. Motion unanimously approved.
CODE AMENDMENTS
CHAPTERS 11 and 22
Council will find attached proposed code amendments to Chapters 11 and 22.
The Planning Board met on October 14, 2003 and voted unanimously in favor of this code amendment.
City Attorney Pope stated that with respect to the proposed code amendments, he and the City Planner
discussed why the changes were necessary prior to drafting the amendments. He added that the majority of
these code amendments is to bring the City in compliance with applicable state statutes and case law that
have been handed down. He further stated that many portions of the City's code has not been revised since
the early 1970's. He stated that in other areas of the code, there were inconsistencies with respect to one
zoning area to another, adding that he and the Planner did review these. He also added that he reviewed all
the requested changes to the ordinance prior to them being presented to the Planning Board. He further
stated that he does not have any recommended charges or additions.
Council Member Tart stated that he had a couple of questions for Mrs. Reid. He added that earlier today,
he spoke with Mrs. Reid about making a few changes to the proposed amendments. He asked Mrs. Reid to
go over these changes. The changes that need to be made are as follows:
• Item g. Section 22 -296 "Miscellaneous" Temporaly Signs
General Provisions (2 sentence, replace map with the word sketch)
• General Provisions (2 " sentence, after the word applications, insert a semi -colon ;
followed by the words except political signs.
• General Provisions (3` sentence typographical error; the word be should be inserted after
the word shall
Council Member Olds stated that he had a question as it pertains to sales on streets and sidewalks (section
11 -2). He added that the proposed change indicated that any person or entity that wishes to sell on the
street cannot do so without approval of the City Council. He asked if this applies to businesses as well.
Mrs. Reid responded that this particular section tl:als with sales on public streets and public sidewalks
only. She stated that the first provision says that it is unlawful for folks to sell things on the public
sidewalk, adding that this provision has been in the City's ordinance since 1954. In referencing Section 1I-
2. a) Azithaut approval from the eity eeuneil she fit - ther stated that no where in the City ordinance, does it
require the City Council's approval in it's permitting or licensing process, adding that these last few words
do not make any sense in this context, therefore, they were deleted.
Council Member Tart asked Mrs. Reid if it is unlawful to have a sidewalk sale. She responded that there is
a provision in the ordinance for a temporary use. Sae added that for an example, if the downtown business
association wanted to have a special downtown sidewalk sale, they could apply for a temporary use permit,
which has to be signed by the City Manager. She further stated that under those circumstances, they can
have sidewalk sales, but not as an individual and not sporadically. She stated that the purpose of this is to
prevent people from impeding the public sidewalk or public streets and the delivery of emergency services.
Council Member Sumner asked Mrs. Reid what will be charged for these temporary permits. She
responded that she does not recall a permit fee for temporary uses, adding that she has never collected a fee.
Council Member Tart noted that under item 5i, (proposed sign permit fee schedule), no charges are shown
for this permit fee.
Motion by Council Member Tart, seconded by Council Member Robinson to approve the proposed code
amendments as presented with changes as noted above. Motion unanimously approved. Ordinance
(02003 -11) filed in Ordinance Book
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BOARD APPOINTMENT
PLANNING BOARD
Manager Uskiewicz stated that one (1) opening remains on the in -town membership of the Planning Board.
He asked that Mr. Willie Suggs be appointed to the planning board as an in -town member.
Motion by Council Member Bass, seconded by Council Member Sumner to appoint Mr. Willie Suggs to
the Planning Board in -town membership. Motion unanimously approved.
Term Begins Term Ends
11/6/2003 11/6/2006
RURAL CENTER
CONFLICT OF INTEREST STATEMENT
Manager Uskiewicz explained that the City received a grant from the Rural Center and this conflict of
interest statement is necessary in order to finalize the grant obligations so that the City may follow the
criteria the Rural Center has established.
Motion by Council Member Sumner, seconded by Council Member Robinson to approve the conflict of
interest statement required by the Rural Center. Motion unanimously approved.
FINANCING PROPOSALS
PURCHASE OF VEHICLES
Manager Uskiewicz stated that attached are the financing proposals for five (5) city vehicles, which
Council approved to purchase in September. The proposals received for the installment purchase
($101,000 to be financed over a five year period) are as follows:
Financial Institution Rate Origination Fee
First Citizens Bank 2.98% $300
RBC Centura 3.20% $350
New Century 3.50% fixed all expenses incurred
Manager Uskiewicz recommended the financing proposal be awarded to First Citizens Bank
Motion by Council Member Olds, seconded by Council Member Sumner to award the financing proposal
offered by First Citizens Bank for the installment purchase of $101,000 to be financed over a five (5) year
period for five (5) vehicles at an interest rate of 2.98% with annual payments in arrears. Motion
unanimously approved.
CERTIFICATE OF SUFFICIENCY
HIGHWAY 421 WIDENING
Manager Uskiewicz stated that attached is the certificate of sufficiency for the Highway 421 widening
petition. He added that this is a necessary step to move this project forward and this process establishes it
as a project. He further stated that sufficient signatures and frontages have been received and that he
anticipates receiving additional signed petitions.
Mayor Oudeh asked Mr. Uskiewicz if he had to have an agreement from everyone. Mr. Uskiewicz
responded no.
Motion by Council Member Olds, seconded by Council Member Robinson to approve the certificate of
sufficiency for the Highway 421 widening petition. Motion unanimously approved. A copy of this
certificate ofsufficiency for the Highway 421 widening petition is incorporated into these minutes as
attachment #5.
SURPLUS VEHICLES
BID APPROVAL
Manager Uskiewicz stated that it is Council's determiration as to what to do with these vehicles.
Motion by Mayor Pro -Tern Womble, seconded by Council Member Bass to reject the bids received and to
re -bid these vehicles. Motion unanimously approved.
Council Member Bass suggested selling the cars by public auction rather than sealed bid, noting that the
cars would probably bring double the money by auction.
Manager Uskiewicz stated that he would have to research this with the City Attorney.
Council Member Olds questioned that if the cars went to public auction, would there be a service fee.
Council Member Bass responded there is a seller's fee, based on the price it brings. He added that the bid
can be rejected if it doesn't bring an acceptable price.
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INFORMATION
Manager Uskiewicz announced that the next council meeting will be held on December 4, 2003 at 7:00
p.m. and an invitation is extended to all the Council to attend a Veteran's celebration in front of the General
Lee Museum on Sunday, November 9, 2003 at 3:00 p.m.
Council Member Olds announced that a meeting will be held at 6:30 p.m. on Monday, November 10, 2003
at East Granville Street Church of God for District 2. He invited all citizens of District 2 to come out and
attend this special meeting.
Manager Uskiewicz announced that the meeting for District 5 will be held at 7:45 p.m. on Monday,
November 10, 2003 at the First Presbyterian Church.
With no further discussion, the following burial rights were executed:
1. Tyrone & Shelia Cameron and their heirs, Block 13, Lot 39, Spaces 1 -4, Resthaven Cemetery.
2. Deborah Prichard and her heirs, Block 15, Lot 29, Space 4, Resthaven Cemetery.
3. Dafford Funeral Home and heirs, Block 13, Lot 55, Spaces 1 -4, Resthaven Cemetery.
4. Lisa Ellis and heirs, Block 15, Lot 2, Space 2, Resthaven Cemetery.
5. Dafford Funeral Home and heirs, Block 11, Lot 40, Space 8, Resthaven Cemetery.
6. Betty M. Warren and heirs, Block 15, Lot 56, Space 6, Resthaven Cemetery.
7. Lanita C. Matthews and heirs, Block 11, Lot 46, Space 2, Resthaven Cemetery.
8. Dorothy Kirsey and heirs, Block 11, Lot 55, Spaces 1 -3, Resthaven Cemetery.
9. Mary Walden and heirs, Block 11, Lot 46, Space 3, Resthaven Cemetery.
10. Harvey Walden, Jr. and heirs, Block 11, Lot 46, Space 4, Resthaven Cemetery.
11. Robert & Evelyn Fun and heirs, Block 00, Lot 15, Spaces 1 -2, Greenwood Cemetery.
12. Jessie M. Brown and his heirs, Block 11, Lot 46, Space 1, Resthaven Cemetery.
13. Randy Davis and his heirs, Block 15, Lot 56, Space 4, Resthaven Cemetery.
14. Dafford Funeral Home and their heirs, Black 11, Lot 1, Space 6, Resthaven Cemetery.
15. Margie Eastman and her heirs, Block 13, Lot 39, Spaces 5 -6, Resthaven Cemetery.
16. Dafford Funeral Home and their heirs, Black 11, Lot 67, Space 7, Resthaven Cemetery.
17. Relia H. Lockamy and her heirs, Block 13, Lot 58, Space 5, Resthaven Cemetery.
With no further business to discuss, the meeting was adjourned at 7:25 p.m.
C,1TY ot-
GORPOR,, : - - Oudeh
F = M or
Z • SEAL �
Attest: -� '•
''"
Debra G. West
City Clerk