08112015157
MINUTES
CITY OF DUNN
DUNN, NORTH CAROLINA
The City Council of the City of Dunn held a Regular Meeting on Tuesday, August 11, 2015, at 7:00
p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem Chuck
Turnage, Council Members Buddy Maness, N. Carnell Robinson, Frank McLean, Billy Tart, and
Billy Barfield. Also present was City Manager Ronnie Autry, Assistant City Manager Steven
Neuschafer, Finance Director Drew Holland, Human Resources Director Anne Thompson, Public
Works Director Billy Addison, Public Utilities Director Dean Gaster, Planning Director Samantha
Wullenwaber, Chief Building Inspector Steven King, Police Chief Jimmy Pope, Librarian Mike
Williams, City Clerk Debra West, Administrative Support Specialist Melissa Dudley, City Attorney
P. Tilghman Pope and Daily Record Reporter Keilah Goff.
Council Member Robinson arrived at 7:10 pm.
INVOCATION
Mayor Harris opened the meeting at 7:00 p.m. and asked Police Chaplain and Pastor of East Granville
Street Church of God of Prophecy, Apostle Dennis Manuel, to give the invocation.
Afterwards, the Pledge of Allegiance was repeated.
AGENDA ADJUSTMENT AND APPROVAL
Motion by Council Member Maness and seconded by Council Member Tart to adopt the August 11, 2015
meeting agenda with changes, if any, as listed below.
Items Added to the Agenda:
• none
Agenda Items Removed:
• none
Motion unanimously approved.
PRESENTATIONS
National P.A.L. Volunteer
Man of the Year — Nicholas Parrilla
Police Chief Jimmy Pope, Lieutenant Rodney Rowland, Mayor Harris and City Manager Autry presented
Nicholas Parrilla, a seven year member of the Dunn Police Department, with the 2014 National P.A.L.
Volunteer Man of the Year award which was presented to him in May of 2015 during the National P.A.L.
Conference in Salt Lake City, Utah.
PUBLIC COMMENT PERIOD
Mayor Harris opened the floor for a (30) minute public comment period.
Hearing no comments, the public comment period was closed.
Mayor Harris recessed the regular meeting and opened public hearings at 7:08 pm.
PUBLIC HEARINGS
Conditional Use Permit CU -01-15
Randy B. Emanuel
PIN #1516-80-3293.000
608 Spring Branch Road
Mayor Harris stated that this is a request for a Conditional Use Permit [Zoning Ordinance Article IX
Section 22-461 (8) (k)] from Randy Emanuel. The conditional use will allow the operation of a sports bar
at 608 Spring Branch Road.
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. During the deliberation for
decision, questions may only be asked to clarify previous testimony.
The public hearing was duly advertised on July 29, August 4 & 11, 2015.
Mayor Harris yielded to City Attorney Pope.
City Attorney Pope introduced CU 01-15, a request by Randy Emanuel for a Conditional Use Permit to
allow for the operation of a sports bar. The hearing on this matter is judicial in nature and will be
conducted in accordance with special due process safeguards. Attorney Pope asked that all persons who
wish to testify in this case, approach the podium to be sworn or give their affirmation.
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Swearing -In:
City Attorney Pope administered oaths to:
Tammy Emanuel
Judy Langley Britt
Planning Director Samantha Wullenwaber
Explanation of Proceeding
Attorney Pope explained that testimony will first be given by City Planning Director Samantha L.
Wullenwaber, 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. If you want the
Council to see written evidence, such as reports, maps, or exhibits, the witness who is familiar with the
evidence should ask that it be introduced during or at the end of his or her 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. Before beginning your testimony, please clearly identify yourself for
the record.
City Attorney Pope opened the hearing on Case #CU 01-15 Conditional Use Permit Application and asked
for testimony from City Planner Samantha Wullenwaber.
Testimony from the Planner
Planner Wullenwaber asked that the documents contained behind tab #11 in the City Council packet which
includes the conditional use application, Planning Department staff report, statement of justification from
the applicant, maps and all other material be entered as evidence. (A copy of these documents entered as
evidence for Case #CU 01-15 Conditional Use Permit is incorporated into these minutes as Attachment
#1).
Planning Director Wullenwaber stated that the property is currently zoned C-3, which is Highway
Commercial District. The building is currently vacant and was previously used as a daycare. Four years
ago, they applied for a conditional use for a daycare that was approved for that location. The building sits
on .635 +/- acres. According to the Harnett County Tax records, the building is approximately 2400sgft.
There are currently sixteen (16) parking spaces provided at this location. The ordinance requires one (1)
per 50sgft of floor space devoted to public use. She calculated they would need approximately thirty (30)
parking spaces based on the drawing they submitted. To the north, south, east and west, the properties are
zoned C-3; Highway Commercial. The conditional use is Iisted in the conditional uses under the category
of sports bars, dance clubs, and private type of entertainment facilities. It is located in area three of the
Land Use Plan. The 2030 Land Use Plan does list this area as commercial. Municipal water and sewer
service are available at the site. Currently there are two (2) driveway accesses onto Spring Branch Road
which is a NCDOT road. Conditions may be placed upon the conditional use permit, only if the applicant
agrees to the conditions. The planning department suggests the following conditions should the conditional
use be approved and the applicant agrees:
1) All required parking shall be paved and striped or have wheel stops.
2) All state, county and local government requirements shall be met (ABC Board, building code
standards, fire code standards, planning and zoning requirements, etc.).
3) Required security
The Planning Board voted to deny this request during their meeting on August 4, 2015. A majority of the
Council would be required to approve this permit and they shall base their decision on the five (5)
justifications that are included in their packet.
At the end of the City Planner's testimony, Attorney Pope asked if there were any questions of the City
Planner from the Council.
Council Member Maness asked Ms. Wullenwaber how many parking spaces will be required. She
responded that according to the City parking ordinance, thirty (30) spaces are required. Sixteen (16) are
currently striped but there is room to stripe more.
Council Member Robinson asked Ms. Wullenwaber if this building has been vacant for the past five years.
She responded no, they applied for the daycare approximately four years ago; adding that the daycare
hasn't been closed very long.
Council Member Tart asked Ms. Wullenwaber if the building would be required to be sprinkled. She
responded that if the occupancy load exceeds one -hundred (100) people, then the building must be
sprinkled.
Council Member Maness asked Ms. Wullenwaber for the occupancy of this building. She responded that
she is not sure and he would have to ask the applicant.
Attorney Pope asked if there were additional questions of the City Planner. None were heard.
Attorney Pope asked for testimony from the Applicant/Proponents.
Ms. Tammy Emanuel, spoke on behalf of her brother, Randy Emanuel, who is in Iraq. She has power of
attorney to speak on his behalf.
She stated that to clear up some of the questions, there are eighteen (18) existing parking spaces and they
realize they will have to pave for more; however, there is more room to the side to make more parks. The
daycare closed as of December because her brother's daughter, who was running the daycare, got married
and her husband was in the service and they moved. They will need a sprinkler system installed. When
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she met with the Planning Board, she didn't feel that they gave her a justifiable explanation as to why they
didn't approve the sports bar to open. They questioned her brother's character and she wants to say that he
has his United States security clearance to be in Iraq so his character is 100% because he is on a
government job in Iraq. He's not here because he's in Iraq. She stated that they wanted to be an upscale
place where adults can have a drink, eat finger foods & snacks, watch games, drink a beer, and not a full
scale restaurant. They will have to commercialize the kitchen, install a sprinkler system and security. The
plans before the Council were not drawn by an engineer because she did not want to spend that money until
she received approval. She has already talked with an engineer, the health department and with Anthony at
the Fire Department and each person knows what she and her brother plan to do and the engineer has
assured her that he can draw the plans so they will meet all codes for the Planning Board, Fire Marshall and
Health Department. All they are asking for is that the City of Dunn gives them the opportunity. There's
been no improvement on Pope Road except for what her brother has done to his building. Her brother
spent $90,000 to make this building a daycare and now that his daughter is gone and he is coming home, he
wants to make it into a sports bar. This will bring revenue to Dunn and he is asking no one to invest money
in this but himself. Her brother will be the sole person investing his savings into this business so he wants
it to be successful but you guys have the final say if he can even have a try at it.
Attorney Pope asked the Council if they had questions of the applicant/proponents.
Council Member Robinson asked Ms. Emanuel, if based on the space she has, does she have any idea how
many tables she would have and how much occupancy she anticipates on a major event. She responded
that she does not know what it would be on a major event, but the occupancy will be around 225. There is
a lay -out within their agenda packets of the number of tables they are projecting; however, they have not
met an engineer to draw the floor plans. The engineer will be talking to the Fire Marshall to know how
many they need to put in. She stated that they tried previously to get an occupancy of 99 so they wouldn't
have to put in a sprinkler system and she talked with the Fire Marshall and he advised that if they are going
to open up a club, they need a sprinkler system even if there's fifty (50) people and she was in agreement
with this. The Fire Marshall will determine the occupancy and she thinks it is calculated at 15 ft. per
person.
Mayor Pro Tem Turnage stated that her brother mentioned security from 8pm to closing and hours of
operation 12pm — 2am Sunday through Saturday and a bouncer; however, in the application it states
somewhere about a family type atmosphere and they will be charging $1 per person so he asked Ms.
Emanuel if this is a private club. Ms. Emanuel responded yes it will be private and the reason for charging
$1 is because if she charges a membership fee, then she can set up rules and regulations that you have to
follow when you are in the facility and if she doesn't have a membership, then she can't enforce regulations
as easily as she can if you've signed a paper stating that you are going to follow the rules that are listed.
Mayor Pro Tem Turnage stated that this business is strategically located along 1-95 and if somebody wants
to stay in a hotel in the area, will they have to pay this fee. Ms. Emanuel responded yes, they will have to
fill out an application and give their information along with their drivers' license so they will know the
information they are given is true. Mr. Turnage asked if the fee is $1 per visit or $1 per membership. Ms.
Emanuel responded $1 per membership. Mr. Turnage asked Ms. Emanuel if they plan to have live
entertainment. She responded they hope so, and they hope to have a DJ sometime. Mr. Turnage
questioned if the family type atmosphere referenced is a mix of things.
Council Member Robinson asked Ms. Emanuel that since they anticipate serving alcohol, then there will be
some age requirements. She responded yes.
Council Member Maness asked Ms. Emanuel that if alcohol and mixed beverages will be served, then there
is a requirement that a certain percentage of her sales have to be food. She responded yes, she is aware.
Mr. Maness stated that she stated there will be very limited offerings and it will not be a restaurant. Ms.
Emanuel responded they are not opening a restaurant, they are opening a sports bar. If they were opening a
restaurant, she knows there has to be a certain percentage of food sales but they are opening a sports bar
that will serve finger foods. That's the reason she's here because if she opened a restaurant with alcohol
then they can do that and it is approved easier versus opening a sports bar that will serve food and alcohol.
In a restaurant, it is dominantly food and in a sports bar it is dominantly alcohol.
Council Member Maness asked if the primary focus of her business plan is to sell a lot of alcohol. Ms.
Emanuel responded no sir. She stated that she is explaining and she asked does anyone else not understand
what she is saying; if you open a restaurant, you serve food but a sports bar is for drinking, dancing, and
yes there will be food available.
Council Member Maness asked her what security language "WONG" meant. Ms. Emanuel responded that
is a metal detector. Mr. Maness stated that the only bouncer security will be from 8pm — 2am and no
security the rest of the time they are opened which is from 12noon — 7pm and she responded there will be a
metal detector but there will not be a person in the parking lot as far as security from 12noon — 7pm. Mr.
Maness asked about security on the inside from 12noon — 7pm and Ms. Emanuel responded that she is quite
sure her brother will be there for security. Mr. Maness stated that they must go by what is submitted in the
application and asked her if she is saying there will be no security except from 8pm — 2am. She responded
yes, that is on the application. Mr. Maness asked Ms. Emanuel if she is of the opinion that she doesn't need
security from 12noon — 7pm and she doesn't think there is a potential for a problem with a lot of alcohol
consumption. Ms. Emanuel responded not as far as a physical person because everyone will have to go
through a metal detector when they go in so they're not going to be bringing in a knife or a gun; those types
of things will not be allowed at any time. She added that with the later hours, there will be more people
and a security person will be present. Mr. Maness responded that using her own logic if she has a metal
detector, then she will have no guns or knives during those hours either. Ms. Emanuel responded that
security will be used due to the amount of people that will be there during night-time hours versus the
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number of people that will be there during the day -time hours; there will be more people at night. Mr.
Maness said then she feels that with more people there, there's more likely a chance for a problem. Ms.
Emanuel responded there only has to be two people in a room to have a problem to which Mr. Maness
replied that is his point. Mr. Maness stated that is his point, there only has to be two people, but she has no
security from 12noon — 7pm. Ms. Emanuel responded there is security because they will be going through
a metal detector adding that she knows Mr. Maness is saying there's not going to be someone physically
standing there for security. Mr. Maness responded that he is just trying to understand her reasoning and
that is why he is asking the question. He stated that if it only takes two to be a problem, which is what she
said and not him, and that's the reason they have somebody there from 8pm — 2am because of more people
and then he asked her if that's because she thinks with more people, there's a bigger chance for a problem
then she said you only have to have two people for a problem so if that's a true statement, then why does
she not need someone there from 12noon because based on her own interpretation of only needing two
people then she could have a problem at any time. Ms. Emanuel responded that is true but you can have a
problem anywhere you're at; just like right now, there is no one in this room saying a word but the two of
them and he is challenging every word that she says to which Mr. Maness responded no mam, I'm not
challenging you; he's just asking her questions to which she replied that he was challenging her and she is
saying there will not be as many people in this facility during the day so the probability of there being a
problem is not as high but no one can guarantee that there's not going to be a problem at any time of the
day; that is not possible. She added that she can tell him they are setting up security so that when people
come in, they will go through that and hopefully no one will ever get in with a gun, knife or anything that
would hurt anyone but she cannot guarantee that; she can't guarantee that when they go out the door
tonight, there's not going to be someone that may shoot someone. She stated that all she is saying is that
security was set up in this way because late of the night, there will be more people so during the day, there
will not be as many people and that is the reason they have set up security in this way. Ms. Emanuel said
that there is no security at 601 Sports Bar and they are running and operating. She asked what is the
difference in 601 Sports Bar operating with no security, no back exit and she knows this because she went
over there to see for herself, and her brother's bar will have two doors on both ends, two doors on the front
and one door in the back; she's told them what security she will do, she has offered to the City of Dunn to
do anything they ask her to do for this bill to be passed; to install a sprinkler system, add more parking
spaces, whatever they want and all she asked for is the opportunity to be able to do it.
Council Member Robinson asked Ms. Emanuel if she is familiar with the sports bar located right outside of
Lillington on Hwy. 421 to which she replied no sir, she has never been there. Mr. Robinson stated that he
would suggest she visit during the day -time and he has never seen any security there and it is within four
miles of a college. She responded she will visit this sports bar; she doesn't have a problem with that.
Mayor Pro Tem Turnage clarified that earlier, he made reference to a "family atmosphere" being
mentioned in the conditional use application; which it is not in the wording on the application and that term
was used during a discussion he had with a planning board member when he was studying this packet and
that term came up from who was making the presentation. Mr. Robinson thanked Mr. Tumage for the
clarification.
Council Member Billy Tart stated that Ms. Emanuel had mentioned that occupancy can be fifty (50) up to
one -hundred (100) and would seat 225 but there are only 30 parking spaces maximum unless she paved all
around the building and asked Ms. Emanuel where would 50-100 people park. Ms. Emanuel responded
that right now, there are eighteen (18) and there is room for parking down the sides and there is room to
add parking spaces on each side of the existing spaces. Mr. Tart stated that he rode out to the building and
saw a fenced in area with a playground and there is not enough room for parking on that side and there may
be some room for parking on the other side possibly picking up twelve (12) more spaces but even if they
have thirty (30) spaces with two (2) people per car and with 98-100 people, then where are the other people
going to park. Ms. Emanuel responded that she doesn't foresee 100 people in there and she has to go by
what the Fire Marshall says, and he sets the capacity and not her. She stated that the Fire Marshall
measures the building and sets the capacity and Samantha sets how many parking spaces there has to be
and she would show her where they would need to be. Mr. Tart asked where would the other people park.
She responded that the lady that owns the building next door stated that she does not foresee any problem
with the bar being opened there and if they had over -flow parking, it would be alright if they used her
adjoining parking spaces if needed. Ms. Emanuel stated that when she met with the planning board,
Samantha stated that notifications were sent out about the sports bar application and no one responded back
in opposition but the planning board stated that doesn't mean the adjoining owners agree or disagree with
the bar but her theory was when they had to do paperwork when a new business moved in there, they didn't
send in anything in disagreement and that meant to us, that it was fine and that's the reason that she spoke
with the lady next door and the lady next door said she did not have a problem with the bar being put there.
Mr. Tart asked Ms. Emanuel if the lady next door owned that business and Ms. Emanuel responded yes.
Mr. Tart asked Ms. Emanuel if the lady next door gave her anything in writing to this effect and Ms.
Emanuel responded no, she did not because she did not send anything back to Samantha and she just
wanted to talk to the lady next door and meet her personally herself once things happened like they did last
week at the planning board meeting. Mr. Tart stated that in the past, they've had some sports bars and the
number one problem has been security and parking in other peoples' yards, other businesses and beside the
road. He added that based on Ms. Emanuel's testimony tonight, he can't see thirty (30) parking spaces
being enough for the potential of 100 people and the building capacity of 225. He doesn't see how the
maximum of thirty (30) parking spaces is enough. Ms. Emanuel responded that she thinks the way they
figure it is four (4) people per car; whatever the capacity of it is, they divide that by four (4) and that is how
many parking spaces they must have.
Council Member Barfield stated that there has been a lot said about parking spaces and if they recall
several years ago, there was a sports bar in downtown Dunn that was approved and never materialized with
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two parking spaces. He added that be knows this family and Ms. Emanuel and they are good people.
There are several places in town that serve alcohol without sufficient parking.
Council Member Maness asked City Attorney Pope if any conditions were to be suggested or if the Council
followed the Planning Boards' recommendation, to have the conditions put in place, would they be made at
this time. Mr. Pope responded they wilI talk about this.
City Attorney Pope asked if there were any other persons that have any questions of the applicant.
Council Member Tart questioned if Ms. Emanuel was going to serve mixed drinks and beer because with
mixed drinks, he understood a business had to do 50% or more in food sales. He said there was a situation
on this same road when a gentleman wanted a sports bar and he had to have 50% or more in food sales.
Planning Director Wullenwaber answered that this would be a question for the ABC Commission and not a
planning or zoning issue; this would be solely controlled by the ABC Commission. Council Member
Robinson stated that he thinks this rule usually applies to a restaurant applying for an ABC Permit, and not
a bar.
Testimony from Opponents
Ms. Judy Langley Britt, 407 Spring Branch Road, Dunn, NC stated that she grew up in this house, moved
away when she got married and now that her mother and daddy are deceased, she moved back home. This
is definitely not the neighborhood that she left many years ago. She said that within her neighborhood
there are handicapped and elderly people, widows, people that are not yet retired and some very fine strong
Christian people who live in this neighborhood. This neighborhood has been pretty well terrorized by
people going up and down this road at night and down at the motels at I-95. She knows there is a new
motel going up and a nice restaurant but there is a lot of stuff down there that is really bad. For a long time,
every house, except hers, was burglarized, broken into, folks knocking on the doors, and bothering people
all the time. She was not a victim until a few months ago when one night she was in bed watching
television and she had a feeling that someone was watching her; there was a man 12" from her head at the
window. They do not need more of this in their neighborhood; they have all they can tolerate in their
neighborhood. They do not need to bring in any more drinking establishments or anything that would bring
in any more possibility of trouble in this neighborhood. She stated that the police do an excellent job of
patrolling the neighborhood; she has never had one to be rude or disrespect anybody. They have to do a lot
of patrolling in this area and around the motels down this road. She cannot see that they need another
establishment where there is any drinking that would bring any more trouble into that part of town when
you have a new motel coming in and a nice restaurant and you have a group of people that are fine
upstanding Christian citizens. They deserve the right to retire without worrying about people peeping into
our windows, hollering up and down the streets, loud music all night long, you're afraid to take your dogs
out at night because of what's out there in the middle of the street. They deserve a lot better and they do
not under any circumstance, need another drinking establishment in her area. On the moral issue, she also
rode down to look at this building and it really broke her heart to know that it used to be a Christian school
for children, then a daycare and now a liquor joint; how much can they go down? They need to build up
the Town of Dunn and not let it slip any more than it already has.
Attorney Pope asked the Council if they had questions of Ms. Britt. None were heard.
Attorney Pope asked if there were questions of Ms. Britt by any other person that was previously sworn to
provide testimony.
Ms. Emanuel said that as she has stated before and as stated by one of the Council members, her family is a
fine upstanding family. She is a God-fearing woman too but this is her brother's dream. He goes to church
and he knows what God is but that's not what it's about. That building was a faith based school which is
now on Arrowhead Road and her sister owns it. Her nieces ran the daycare and it will be her brother who
runs the sports bar if it's approved but it also goes back to who is doing it and if you do it the right way and
you follow the rules. There are people walking all of these streets that will peep in your windows, not just
on Pope Road or Spring Branch Road.
City Attorney Pope asked Ms. Emanuel if she had any questions of Ms. Britt.
Ms. Emanuel asked Ms. Britt what is her fear of the sports bar being there. Ms. Britt responded she thinks
it will promote more drinking up and down that road and until you have been in your bed at night and you
see someone peeping in the window at you, then you do not know that fear. Ms. Britt said that she shot at
that person and missed them by two inches and she does not wish that person dead but that person had no
right to be at her window. Ms. Britt said she has every right to walk her dog anytime she wants to walk her
dog and on this street, you never know what is coming around the corner. Ms. Britt said that she agreed,
they may be fine people and she's sure they are and she had nothing against her. Ms. Britt said she doesn't
want to live in a neighborhood where there is any establishment that requires a bouncer because bouncer
says there's the possibility of trouble.
Ms. Emanuel asked Ms. Britt if there was a sports bar there when the man was at her window. Ms. Britt
responded no, but you're just adding another person drinking on the road in front of her house and she does
not deserve this.
City Attorney Pope entertained questions from other parties for the applicant/proponents.
Council Member Barfield asked Ms. Britt if there have been any liquor joints on this road. Ms. Britt
responded there is beer, there is drinking, her yard stays full of beer cans, and there used to be liquor joints
on every corner.
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Attorney Pope entertained further questions from the City Council members for the applicant, proponents,
opponents, or for the planner or other sworn persons. He explained that once the public hearing is closed,
the only questions that the Council may pose to the applicant, proponents or opponents shall be for
clarification. No new evidence can be introduced after closing the public hearing. Any additional
conditions that the Council wishes to consider to place upon the use of the land by the applicant, must ask
the applicant if he/she will voluntarily place the condition upon his/her property at this time.
Council Member Maness asked City Attorney Pope if he understood the Planning Director's testimony was
that the Planning Board did recommend that the conditions be placed. City Attorney Pope responded that
three conditions were recommended by staff which were:
1) All required parking shall be paved and striped or have wheel stops
2) All state, county and local requirements shall be met (ABC Board, building code standards, fire
code standards, planning and zoning requirements, etc.)
3) Required security
Council Member Robinson asked Attorney Pope if the above conditions are also enforced for the other
places currently serving alcohol within the City of Dunn. Attorney Pope responded he does not know.
Planner Wullenwaber responded no sir, they are not, this is only because this is a conditional use request;
the other patrons that serve alcohol are restaurants and are not required to have a conditional use permit.
The other sports bar in town has been in business forever and does not have a conditional use permit
because it did not apply at that time. Council Member Maness asked Ms. Wullenwaber if the existing
sports bar on S. Fayetteville Avenue was grandfathered in and not subject to the conditional use and under
a different zoning classification. Ms. Wullenwaber responded yes, it has been there so long.
Council Member Robinson stated that he understands the reasoning for the existing sports bar and it brings
to mind the justification for putting these requirements on a new business when they did not receive any
complaints coming through the police department about the existing businesses; it's an overboard load -up
added expense for a person willing to invest in our community and one of the things that is very troubling
to him is that our community is growing old, there's nothing to do here, there's no entertainment here and a
lot of the people leave church want some entertainment too. They should not make it more difficult to
invest in Dunn.
City Attorney Pope asked if there are any conditions that the Council would like to ask the applicant to
consider in the event of the approval of the conditional use permit:
Council Member Maness stated that he would ask the applicant if she would be willing to accept the
conditions.
City Attorney asked the applicant if she would be willing to accept the conditions of the planning staff:
1) All required parking shall be paved and striped or have wheel stops — she responded yes
2) All state, county and local requirements shall be met (ABC Board, building code standards,
fire code standards, planning and zoning requirements, etc.) — she responded yes
3) Required security - City Attorney Pope stated that this condition, in the event the Council wishes
to ask of the applicant, would require clarification, and questioned if it meant at all times of
operation. Attorney Pope stated that if any of the Council wishes to ask the applicant if she will
accept this condition, now is the time to ask the applicant if she will accept it, in the event the
permit is granted. Council Member Maness stated that it is clear to him that there will not be any
security except as stated in the application; however, for him to even consider this, he thinks
security should be looked at more than from 8pm — 2am. Mr. Maness stated that there have been a
number of incidences back when the motel had a bar that was closed down due to a nuisance
because of multiple calls involving a stabbing and gunshots constantly with all kinds of issues
where the motel is located. Mr. Pope asked Mr. Maness if he is asking the applicant if she would
be willing to accept security at all hours of operation. Mr. Barfield interjected and stated that there
happens to be a sports bar on N. Fayetteville Avenue and he has never seen security there. Mr.
Maness responded to Mr. Barfield that they are not comparing apples to apples; he is talking about
one that has next to no occupancy versus one that has the potential for 225 people. Mr. Barfield
responded there are other places in town that serve alcohol that don't have security. Mr. Maness
asked Mr. Barfield where are sports bars of this size. Council Member Robinson stated that he
would interject and asked Ms. Emanuel if the hours of operation are from 12noon — 2am to which
she responded yes. Mr. Robinson stated that at 12noon in the daytime, there will not be 200
people in the bar. He added that the sports bar that operates over in Lillington serves beverages
and there is no security during the daytime to which Council Member Tart asked if they serve food
in the Lillington bar to which Mr. Robinson responded they do serve food. Mr. Robinson stated
that this seems heavy-handed and there will not be 200 people there before 8pm unless it's Super
Bowl Sunday. Attorney Pope interjected and stated they are only in the public hearing of this
permit so they are only asking what conditions, if any, the applicant would be willing to accept.
When this item is discussed for decision, then the Council may engage further in their opinions
about the application.
City Attorney Pope again asked for any condition the Council would like the applicant to consider
relating to security. Council Member Maness stated that he would like to ask the applicant what she
would be willing to accept beyond what is stated in the application for security. Ms. Emanuel
responded that security all day would be an added expense having to pay someone when there may be
only (2-3) customers at lunchtime. If it was Super Bowl Sunday, they would have security there but to
hire security every day from 12noon — 2am, she would accept it because she knows her brother wants
to open this business. She asked when this item is open for discussion by the Council, can those that
support her help her with the debate at that time. Attorney Pope responded that at this point, they are
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asking her what conditions she would be willing to accept but it doesn't mean those conditions will be
imposed when the Council votes.
City Attorney Pope asked Ms. Emanuel what security, if any, beyond what she has included in her
application, would she be willing to accept as a condition for approval. Ms. Emanuel responded if she
has to accept it, then she will have security from 12noon — 2am if that is what the Council wants.
Attorney Pope asked Ms. Emanuel for clarification, is she stating that she would be willing to accept
the condition for required security at all hours of operation if that is the decision of the Council to
which she responded yes.
City Attorney Pope asked if there are any other conditions that any member of the Council would like to
ask the applicant to consider:
Council Member Barfield asked Ms. Emanuel, if Randy (her brother) cannot be there 14 hours per day,
does he have someone else that will be able to manage the bar. Ms. Emanuel responded yes, he does,
adding that her brother will probably be there 14 hours per day because he now works 12 hour shifts/seven
(7) days per week in Iraq.
With no further testimony, a motion was made by Council Member Barfield and seconded by Council
Member McLean to close the public hearing for CU -01-15 at 8:05 p.m. Motion unanimously approved.
Ordinance Amendment OA -01-15
Chapter 20; Article III of the
Subdivision Ordinance
(Tabled by Planning Board)
Mayor Harris stated that this is a request to hereby amend Chapter 20, Subdivision Ordinance, of the City
of Dunn Code of Ordinances; Article III.
This is a request to amend section 20-73, text changes to the sidewalk requirements for subdivisions.
The public hearing was duly advertised on July 21', August 4511 & 11`h 2015.
Mayor Harris explained that this item was tabled by the Planning Board at their August 4th, 2015 meeting
until a future Planning Board meeting, possibly in November of 2015.
Mayor Harris asked if there was anyone present that wished to speak for or against this ordinance
amendment.
Hearing no comments, Mayor Harris closed the public hearing.
Ordinance Amendment OA -02-15
Chapter 22; Article III of the
Zoning Ordinance
(Tabled by Planning Board)
Mayor Harris stated that this is a request to hereby amend Chapter 22, Zoning Ordinance, of the City of
Dunn Code of Ordinances; Article III.
This is a request to amend section 22-58, text changes to the development standards section of the zoning
ordinance to include sidewalks and street trees.
The public hearing was duly advertised on July 21", August 4`h & 11 `h, 2015.
Mayor Harris explained that this item was tabled by the Planning Board at their August 4th, 2015 meeting
until a future Planning Board meeting, possibly in November of 2015.
Mayor Harris asked if there was anyone present that wished to speak for or against this ordinance
amendment.
Hearing no comments, Mayor Harris closed the public hearing.
Demolition of House
306 N. Magnolia Avenue
PIN #1516-77-7476.000
Mayor Harris stated that the public has been notified that oral and written comments will be heard and
received concerning the demolition of the dwelling located at 306 N. Magnolia Avenue, Dunn, NC.
The public hearing was duly advertised on July 28, 2015 and August 4, 2015.
Mayor Harris asked if there was anyone present that wished to speak for or against this demolition.
Hearing no comments, Mayor Harris closed the public hearing and reconvened the regular meeting at 8:08
p.m.
CONSENT ITEMS
Minutes — Council considered approval of minutes of the July 7, 2015 City Council meeting.
164
Destruction of Municipal Records - Council considered approving the destruction of Finance Department
records which 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 #2.
Surplus Resolution — Council considered approval of a Resolution Authorizing the Disposition of Personal
Property by electronic means through www.GovDeals.com. A copy of Surplus Resolution (R2015-12) is
incorporated into these minutes as Attachment #3.
Motion by Council Member Robinson and seconded by Council Member Barfield to approve all consent
items. Motion unanimously approved.
ITEMS FOR DECISION
Conditional Use Permit CU -01-15
Randy B. Emanuel
PIN #1516-80-3293.000
608 Spring Branch Road
Mayor Harris stated that this is a request from Randy Emanuel to operate a sports bar at 608 Spring Branch
Road. This property is currently zoned C-3; Highway Commercial District.
The Planning Board met on August 4, 2015, reviewed the request and asked for comments from the public.
After hearing the request from the applicant and others present to speak for the conditional use request and
no one present to speak in opposition to the request, the planning board recommended in a unanimous vote
to deny this request.
Motion by Council Member Robinson and seconded by Council Member Barfield to approve CU -01-15
based on the following statements of justification being in the affirmative and to include the two additional
recommendations from the Planning staff:
1. The use requested is listed among the conditional uses in the district for which the application is
made. Per the zoning ordinance Article IX Division 1 Section 22-461 (8)(k), the Conditional Use
is listed in the ordinance.
2. The requested use is essential or desirable to the public convenience or welfare. The requested use
is desirable to the public convenience, although may be considered not desirable to the welfare of
the public.
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. The property and surrounding
property is currently commercial. The sports bar would be a commercial type facility.
4. The requested use will be in conformity with the land development plan. The location of this
request is surrounded by commercial zoning districts. The issuance of this permit will be
appropriate with the anticipated growth pattern of commercial use identified in area three of the
2030 Land Use Plan.
5. Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or
are being provided. All facilities are available at this location.
6. All required parking shall be paved and striped or have wheel stops.
7. All state, county and local requirements shall be met (ABC Board, building code standards, fire
code standards, planning and zoning requirements, etc.).
Council Member Robinson stated that there are other sports bars in Harnett County with decent people who
can manage sports bar and they need to give people an opportunity to invest in our community to offer
entertainment. He added that they don't have young people coming to Dunn or living in Dunn; there's
nothing for them to do here, there is absolutely nothing and there seems to be an attitude that they are only
going to let certain segments of our community invest in this community or establish businesses here and
he thinks they need to begin to open the door because he would like for his kids and grandkids to live in
Dunn. He added that they are going to want the same kinds of entertainment that he and some of the
Council members wanted when they were young people. He further stated that they have an excellent
police department and they don't have problems with the other bars in town; give the people a chance.
Council Member McLean stated that when they look at the situation as is, none of them are totally safe
anywhere so no matter how much security there may be, something can always happen. He concurs with
Council Member Robinson that Dunn is looked upon as a place for elderly folks and when kids graduate
and go to college, they don't come back and the reason is there is nothing to come back to. Everybody
deserves a chance and an opportunity.
Council Member Tart stated to Council Member Robinson, that they had this same conversation when
Royal Inn had a sports bar that was approved and right after that, the Police Department was called out on a
regular basis and it ended up closing down. This is in his neighborhood and in his ward and he has talked
to people that are not in favor of this sports bar and no one has come to say this is what they need in their
neighborhood. They provided a chance in the past by allowing a sports bar across the street from this
location and shootings occurred. Mr. Robinson responded they have not given these people a chance and
what happened at Royal Inn could happen anywhere in our community; it could happen at the post office
but not at the theater because they don't have one of those either. Mr. Robinson added they have got to do
something to make Dunn more attractive to young people.
165
Council Member Maness stated that the argument to justify something Iike this in order to draw and keep
young people in our town, is a hard pill for him to swallow. He doesn't want to think that Dunn needs a
sports bar to keep young people in our community and town and he doesn't see this as being a draw to keep
young people here.
Council Member Robinson responded to Mr. Maness, that he thinks that is a perversion of his intent, not
only young people attend sports bars, they have to have an opportunity to develop varied entertainment for
different segments of our community and all young people do not go to sports bars; a typical sports bar
person is a middle aged male.
Further discussion was held about the pros and cons of a sports bar.
Mayor Pro Tem Turnage stated that 99% of the time he would vote with the Planning Board. This City is
on the verge of bursting at the seams in the next 5-10 years. This may not be a Buffalo Wild Wings and it
isn't a family atmosphere but he has been swayed tonight to let them have a chance as anyone else would
want a chance. Other businesses are coming that will ask to serve alcohol.
Council Member Maness stated that the motion did not include the accepted condition by the applicant for
additional security and because of that, he would not be able to support this motion with no provision for
additional security. Council Member Robinson responded that possible outside investors are looking at all
quality of life issues. There is no theater here and entertainment is part of a community. To address the
issue of extra security, it makes no sense to require this when the applicant presents themselves as
responsible business owners and they'll have the judgement to protect their investments.
Yeas Nays
McLean Maness
Robinson Tart
Barfield
Turnage
Motion carried 4-2 to approve.
Consideration of Ordinance to
Demolish House -
306 N. Magnolia Avenue
PIN #1516-77-7476.000
Building Inspector Mike Blackmon conducted an inspection at 306 North Magnolia Avenue and based
upon his observations, the structure failed to comply with the minimum standards of fitness established by
the minimum housing code of the City of Dunn. The Building Inspector also found the dwelling dangerous
or prejudicial to the public health or public safety and is a nuisance in violation of G.S. § 160A-193.
The owner of the property has failed to comply with the Building Inspector's order and according to
N.C.G.S. § 160A-443, the City Council has the power to proceed with the demolition of this property.
Motion by Council Member Robinson and seconded by Council Member McLean to adopt the Ordinance
Directing the Building Inspector to proceed with the demolition of the dwelling located at 306 N. Magnolia
Avenue (PIN #1516-77-7476.000). Motion unanimously approved. A copy of Demolition Ordinance
(02015-08) is incorporated into these minutes as Attachment #4.
Appeal Order of the
Building Inspector —
1210 N. Ellis Avenue —
Home Investments, Inc. of Harnett County -
Minnie F. Webb
This is a request from the property owner of 1210 N. Ellis Avenue (Home Investments, Inc. of Harnett
County), Minnie F. Webb (owner), to appeal the Building Inspector's order allowing 60 days to make the
proper repairs to this structure. Ms. Webb has filed an appeal to request a hearing before the City Council
to request additional time to complete the repairs for this structure. The Council shall render a decision on
this appeal within a reasonable time.
Chief Inspector King stated that this property was condemned on June 25, 2015 based on the condition of
the roof on two sections of the building; the rear section has collapsed. A hearing was held on July 2, 2015
and attended by Inspector Blackmon, Mr. Bob Lewis and Minnie F. Webb and it was explained to her that
she could appeal the order of the Building Inspector. The sixty date order was issued on July 9, 2015
advising her to remedy the defective conditions by September 7, 2015 and an appeal letter was received
from Ms. Webb on July 22, 2015.
Motion by Council Member Barfield and seconded by Council Member Robinson to affirm the order issued
by the Building Inspector giving the property owner 60 days to make corrective action.
Council Member Barfield asked Ms. Webb if she has tried to do anything to make the property look better.
A gentleman accompanying Ms. Webb stated that he had pictures, that this is a well-built building, it looks
worse on the outside than on the inside and they need more time. He added that the main structure of the
building is good and has a few leaks. They asked for three (3) additional months to make repairs to the
166
structure. At this point, Mr. Barfield stated that he would like to allow the extra time to make the proper
repairs.
Yeas Nays
Turnage Barfield
Tart McLean
Maness Robinson
Harris
Motion to affirm the order of the building inspector approved 4-3.
Adopt a Resolution to
Authorize an Application and
Accept the Agreement of Conditions —
NC Governor's Highway Safety
Program Grant — PoIice Department
Chief Pope explained that the Dunn Police Department is requesting that the Council adopt the "Local
Government Resolution" and accept the Agreement of Conditions authorizing the Police Department to file
an application and accept a grant through the NC Governor's Highway Safety Program. This is a four year
grant for personnel and equipment which will allow the police department the opportunity to hire two
officers and also receive two fully equipped patrol vehicles. The two officers assigned will be dedicated to
traffic safety. Vehicles will be equipped with radar, video and mobile data computers plus other equipment
necessary for their job task.
Total project cost is $229,079.00 with the following local match requirements:
Year (1) = $34,362 (FY 16-17) — a portion of these funds would be expended in FY 15-16
Year (2) = $29,274 (FY 17-18)
Year (3) = $48,790 (FY 18-19)
Year (4) = $97,579 (FY 19-20)
Motion by Council Member Barfield and seconded by Mayor Pro Tem Turnage to adopt the resolution
authorizing the Police Department to apply and accept a grant through the NC Governor's Highway Safety
Program. Motion unanimously approved. A copy of Authorizing Resolution (R2015-13) to apply and
accept a NC Governor's Highway Safety Program Grant is incorporated into these minutes as Attachment
#5.
Temporary Blocking of Street
McNeil Memorial Church
City Manager Autry explained that a request has been received from McNeil Memorial Church to close E.
Canary Street from S. Elm Avenue to S. Magnolia Avenue on Saturday, September 19, 2015 from 8am -
5pm for the purpose of holding a street fair for the community.
Motion by Council Member Robinson and seconded by Council Member Barfield to approve the temporary
street closing as requested by McNeil Memorial Church. Motion unanimously approved.
Temporary Blocking of Street
E. Harnett Street from N. Lee Avenue to
N. Sampson Avenue
City Manager Autry explained that a request has been received from Felica Blue to close E. Harnett Street
from N. Lee Avenue to N. Sampson Avenue on Friday, September 4, 2015 from 7pm — lOpm and Saturday,
September 5, 2015 from 3pm — lOpm for the purpose of holding a family reunion.
Motion by Council Member Maness and seconded by Council Member McLean to approve the temporary
street closing as requested by Felica Blue. Motion unanimously approved.
ITEMS FOR DISCUSSION
AND/OR DECISION
Financial Report
Finance Director Drew Holland provided the following financial report for the period ending June 30,
2015:
• As of June 30, 2015, the City had a total cash balance of $4,274,724. $1,125,076 in the checking
account; $2,581,683 in the Capital Management Trust accounts; $566,895 in Money Market
Investments; and $1,070 cash on hand. The remaining 911 funds have been forwarded to Harnett
County. The total cash balance as of June 30, 2014 was $3,975,762.
• Property Tax collections were $3,454,204 (99.55% of budget). Last year total property tax
collections were $3,425,306.
• Sales Tax Distribution total as of May 31, 2015 was $1,376,165 (97.95% of budget). Benchmark
for May was 92% of budget. Last year total sales tax distribution through May 31, 2014 was
$1,224,688. Sales Tax Distribution for the month of June will be received on August 15, 2015.
167
• Building permit fees were $102,209 (152.55% of budget). Benchmark for this month is 100% of
budget. Last year total building permit fees were $155,604.
• Water and Sewer revenues were $4,613,221 (99.42% of budget). Benchmark for this month is
100% of budget. Last year total Water and Sewer revenues were $4,450,732.
• Total expenditures for the month of June were 96.40% of budget in the General Fund and 95.50%
of budget in the Water -Sewer fund. The benchmark for this period is 100% of budget. Last year
General Fund total expenditures were 95.77% and Water -Sewer Fund was 96.88%.
Motion by Council Member Robinson and seconded by Council Member Barfield to accept the Financial
Report. Motion unanimously approved.
ADMINISTRATIVE REPORTS
Motion by Council Member Tart and seconded by Council Member McLean to accept the Administrative
Reports. Motion unanimously approved.
ANNOUNCEMENTS
The following announcements and/or comments were made.
Mayor Harris:
D Will present The State of the City on Monday, August 171h, 2015 at 12 noon at Deborah's
Restaurant.
D. City offices will be closed on Monday, September 7, 2015 in observance of Labor Day.
D The next regular City Council meeting is scheduled for Tuesday, September 8, 2015 at 7:00 p.m.
Council Member Barfield:
• The American Red Cross blood mobile will be at the Dunn Community Building on August 25,
2015 and he encouraged the Council members to participate.
With no further business to discuss, a motion was made by Council Member Robinson and seconded by
Council Member McLean to adjourn the meeting at 8:49 p.m. Motion unanimously approved.
Attest:
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