Loading...
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. 158 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 159 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 160 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 161 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. 162 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 163 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: 0111111,0 �� �GITY ,% Mayor GORPop . 2 • FFgg�j : ./de `SAI^ Debra G. West '1.,CAR0 City Clerk scar N. Hams