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07122016247 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, July 12, 2016, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem Billy Tart, Council Members Buddy Maness, Gwen McNeill, Frank McLean, Billy Tart, Chuck Turnage and Billy Barfield. Also present was City Manager Ronnie Autry, Assistant City Manager Steven Neuschafer, Finance Director Mark Stephens, Public Works Director Dean Gaster, Chief Building Inspector Steven King, Planning Director Samantha Wullenwaber, Police Captain Robert Jenkins, Police Captain Johnny Royal, Recreation Director Brian McNeill, Human Resources Director Anne Thompson, Librarian Mike Williams, Attorney Wiley Pope, City Clerk Jennifer Fortin, Deputy City Clerk Melissa Dudley, and Daily Record Reporter Keilah Goff. INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and asked Pastor Jerome Pope, Pastor Pope of Sansom Community Church with 39 years to give the invocation. Afterwards, the Pledge of Allegiance was repeated. ICBNrJ/7 fi7/17ZY�u 00 : '7 1 7 7 17117 1 7 Motion by Council Member Maness and seconded by Council Member Tart to adopt the July 12, 2016 meeting agenda with changes, if any, as listed below. Agenda Items Added: • none Agenda Items Removed: • none Motion unanimously approved. PUBLIC COMMENT PERIOD Each speaker is asked to limit comments to 3 minutes, and the total comment period will be 30 minutes. Citizens must sign up and register on a sign-up sheet available on the podium within the City Council Chambers prior to the start of the meeting. Mayor Harris read the City of Dunn City Council Public Comment Policy. Angela Jones 1004 W. Pope Street spoke to Council regarding the new tennis court and the poor condition they are in. The public comment period has been closed. PUBLIC HEARINGS Demolition of House 300 N. Clinton Avenue PIN# 1516-77-4527.000 The public has been notified that oral and written comments will be heard and received concerning the demolition of the dwelling located at 300 N. Clinton Avenue, Dunn, NC. The Public Hearing was duly advertised on June 28, 2016 and July 5, 2016. Angela Chivio, Property Manager for Platinum Properties of NC, LLC stated they have made multiple attempts to gain access to the unit to perform all the necessary repairs but have been denied numerous times by the tenant. The public portion has been closed. Rezoning Request RZ-02-16 William Pope (applicant & owner) 700 block of E. Jackson Blvd. PIN# 1507-61-0840.000 The public has been notified that oral and written comments will be hear and received concerning the request by William Pope to rezone approximately 21+/- acres located in the 700 block of E. Jackson Blvd. The property is currently zoned R-10, Single Family Dwelling District and is proposed to be rezoned to C- 3, Highway Commercial District. The public hearing is the opportunity for the Council to hear comments and opinions from the public to include any party for or against the request. The Public Hearing was duly advertised on June 21, 28 and July 5, 2016. 248 Jarrett Brown representing the applicant noted the applicants are just trying to better protect their investment. The public hearing has been closed. Rezoning Request RZ-03-16 Meda T. Williams Hwy 55 East PIN4 1526-12-8848.000 The public has been notified that oral and written comments will be heard and received concerning the request by Meda T. Williams to rezone approximately 4.78+/- acres located on Highway 55 East. The property is currently zoned C-2; Shopping Center District and is proposed to be rezoned to C-3; Highway Commercial District. The public hearing is the opportunity for the Council to hear comments and opinions from the public to include any party for or against the request. The public Hearing was duly advertised on June 21, 28 any July 5, 2016. Johnson Tilghman representing the applicants noted he is representing the applicants for item numbers 5, 6 and 7. The public hearing has been closed. Rezoning Request RZ-04-16 Generation III, LLC Hwy 55 East PIN# 1526 -21-4325.000,1526-21-3923.000,1526-22-5364.000,1526-23-4216.000 The public has been notified that oral and written comments will be heard and received concerning the request by Generation III, LLC to rezone approximately 75+/- acres located on Hwy 55 East. The properties are currently zoned C-2; Shopping Center District and are proposed to be rezoned to C-3; Highway Commercial District. The public hearing is the opportunity for Council to hear comments and opinions from the public to include any party for or against the request. The public hearing was duly advertised on June 21, 28 and July 5, 2016. There were no public comments at this time. Rezoning Request RZ-05-16 Meda T. Williams 1100 Block of E. Cumberland Street and on Hwy 55 East PIN# 1526 -02 -4928.000,1526 -02 -4882.000,1526-02-5477.000,1526-02-6105.000,1526-01-6844.000, 1526-11-2431.000,1526-11-4106.000 The public has been notified that oral and written comments will be heard and received concerning the request by Meda T. Williams to rezone approximately 68+/- acres located in the 1100 block of E. Cumberland Street and on Hwy 55 East. The properties are currently zoned C-2; Shopping Center District and are proposed to be rezoned to C-3; Highway Commercial District. The public hearing is the opportunity for Council to hear comments and opinions from the public to include any party for or against the request. The public hearing was duly advertised on June 21, 28 and July 5, 2016. There were no public comments at this time. Rezoning Request RZ-06-16 Mitchell Smith 410 N. Ashe Avenue PIN# 1517-30-2985.000 The public has been notified that oral and written comments will be heard and received concerning the request by Mitchell Smith to rezone approximately 2.57+/- acres located at 410 N. Ashe Avenue. The property are currently zoned I-10; Restricted Industrial District and is proposed to be rezoned to C-3; Highway Commercial District. The public hearing is the opportunity for Council to hear comments and opinions from the public to include any party for or against the request. 249 The public hearing was duly advertised on June 21, 28 and July 5, 2016 Dwayne Holmes, N. Ashe Avenue, in support of the Planning Boards unanimous vote to deny the application for 410 N. Ashe Avenue. Mitchell Smith, applicant, I came before Council in the past for use of the shopping center and Council advised me to go and find a location that sits off by itself. I am here to do this for the kids. I took the advice of Council and found a location I thought was suitable. I did not understand until the Planning Board Hearing all of the extra stuff that came in to play about this building. Security will not be an issue and I would work closely with the Police Department on any events. The IGA has given permission for their parking lot to be used for special events held by Mr. Smith, three times a month but we would probably hold events once a month or once every two months. We would be out at a decent time. This building was already zoned commercial for a church that was in there. James Clark stated what Mr. Smith is looking for it to help youth in the area and doesn't feel this should be an obstacle to get. Conditional Use Permit CU -01-16 Mitchell Smith 410 Ashe Avenue PIN# 1517-30-2985.000 This is a request for a Conditional Use Permit [Zoning Ordinance Article IX Section 22-461 (8)0 & O)] from Mitchell Smith. The conditional use will allow the operation of a banquet hall/event venue to include: weddings, receptions, family reunions, church, shows and singing events and indoor recreational use to include the following: boxing and MMA training and shows. The public hearing is the 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 June 21 28 and July 5, 2016. Mayor Harris yielded to Attorney Wiley Pope. Attorney Pope introduced CU -01-16, a request from Mitchell Smith for a Conditional Use Permit to allow for the operation of a banquet hall/event venue and indoor recreational use including boxing training and shows, MMA training and shows. The hearing on this matter is judicial in nature and will be conducted in accordance with special due process safeguards. Swearing -In: Attorney Pope administered oaths to: Planning Director Samantha Wullenwaher Mitchell Smith Dwayne Holmes Explanation ofProeeeding Attorney Pope explained that testimony will first be given by City Planner Director Samantha 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. Attorney Pope opened the hearing on Case #CU -0I-16 Conditional Use Permit Application and asked for testimony from City Planner Samantha Wullenwaber. Testimony from the Planner Planning Director Samantha Wullenwaber asked that the documents contained behind tabs #9 and #21 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 -01-16 Conditional Use Permit is incorporated into these minutes as Attachment #9). Planning Director Wullenwaber stated that the property is located at 410 Ashe Avenue and is currently zoned I-10 Restricted Industrial District and is contingent on the Rezoning Case RZ-06-16 to be rezoned to C-3. If the property is rezoned to C-3 then the conditional use would be voted upon. The property is currently vacant and there is a warehouse on the property which is approximately 2.57+/- acres. According the tax card the building is approximately 20,000 sq. ft. The parking space required according to Schedule A and Schedule C of the parking ordinance would be 1 space per 100 sq. ft., therefore approximately 200 spaces would be needed. Currently the parking are is not paved and there are not any wheel stops. To the north of the property it is zoned I-10; Restricted Industrial District and Other Manufacturing Facility. To the south the property is zoned R-10; Single Family Dwelling District and that is a home and a business. To the east it is zoned R-10; Single Family Dwelling District and is vacant. To the west it is zoned I-10 Restricted Industrial District and that is Carlie C's Operations Center. 250 The City of Dunn Land Use Plan identifies this area as industrial on the future land use map. This property is located in area one of the Land Use Plan. Water and sewer services are available to this site. The property is within the Dunn City limits and all public services would be available The property currently has a driveway with access onto Ashe Avenue. The applicant/property owner would have to obtain a driveway permit for a change of use from NCDOT prior to opening, NCDOT requires all change of uses to apply for a driveway permit. The conditional use request is to allow the operation of a banquet hall/event venue to include: concerts, weddings, receptions, family reunions, church, shows and signing events and indoor recreational use to include the following: boxing training and shows, MMA training and shows. This is under two different sections of the Conditional use; Section 22-461 (8) 0 &o). The applicant has received permission from Mack McLamb to have overflow parking in the parking lots across the street but the applicant would be required to have parking onsite as well. Proper pedestrian facilitation from the proposed overflow parking area across Ashe Avenue needs to be researched more in depth by the applicant with a plan in place. The potential increased traffic during high attendance events may have an impact on the area. Buffers would be required along all property lines with varying zoning districts and uses. Conditions may be placed upon the application, only if the applicant agrees to them. Upon review of the application and requested use the city staff recommends, at minimum, the following conditions (if approved): 1. The driveway and required parking onsite shall be paved. 2. A 6 ft. fence shall be constructed on property lines south, north and east. In addition to the fence, landscaping shall be required per city ordinance. 3. All landscaping shall be installed according to the City of Dunn landscape ordinance prior to the opening of the business. 4. All other required improvements shall be in place prior to the opening of the business. Mitchell Smith stated he didn't know anything about the conditions. This building was previously a church and all I am doing is the same assembly. I don't know if the neighbor opposed when the church was there or if anyone opposed his business in the neighborhood. We have to start somewhere and at the last hearing his issue was bringing the neighborhood down and messing up as far as not being able to go back to industrial. The landlord is eager to work with me on this and will probably get the paving done and everything that's needs to be done. My whole ordeal is on this situation if we are going to go and do this we need to do it right. I'm talking grants and funding and a lot of good things happening for Dunn on a large scale from US Amateurs from hosting Silver Gloves and Golden Gloves, we are talking every boxing team in the State of North Carolina participating for one event once a year. I believe Lillington has hosted them in the past and we could do the same thing right here in Dunn. I found a building you was told to look for and all I ask is for an opportunity. You can put stipulations and I will accept, just give us the opportunity, we need this. Mayor Harris inquired if Mr. Smith was incorporated. Mr. Smith noted he will be. Mayor Harris asked if it was going to be a 501C (3). Mr. Smith stated yes. Mayor Harris inquired about a Board of Directors. Mr. Smith stated he has talked with people in the community and has talked with Mr. Dafford and Ms. McNeill and others who wouldn't mind being on the board. I have a master's degree in social work and I could put together to paperwork. Council Member Turnage inquired as to if there was equipment with the PAL Program or the City of Dunn that is what you would normally train with? Mr. Smith stated he has spoken with the PAL Program and they have a program they are trying to get off the ground and have been for a while. I come from a boxing generation in Columbia, South Carolina. I have had about four boxing grounds and was very successful. I wrote a grant for $2,5 million dollars and was awarded the grant but when Hurricane Katrina came through, it froze the money so it ended the program. We can write again and I am willing to work with the program as far as PAL and have them to assist us in boxing. I feel like some of these kids do not participate. Mayor Harris inquired about the age group for the program. Mr. Smith stated the age limit is from 7-32 for US Amateur Boxing Association. Anything above that they can go professional and do professional boxing, MMA or college. We have grants and scholarships for college. I went to University of South Carolina on a football scholarship. Not everyone can play football, so but everyone wants to fight. If you do it properly and under the guidelines and rules of the US Amateur Boxing Association than these kids can be licensed as boxers. Mayor Harris inquired about the ratio of students to supervisors/instructors. 251 Mr. Smith stated he has a lot of volunteers to come in, per 5-6 students there will be at least 1 instructor helping out. Council Member McNeill inquired if there was a lot or youth going to see Mr. Smith about the boxing. Mr. Smith stated yes but it is more of the parents seeking us out because of the anger management, because it is a good tool. Council Member McNeill inquired if the youth were in the PAL Program or not. Ms. Smith stated they were not in the PAL Program. The kids are allowed to come for free and that is why we raise money. No kid will be charged a fee from the day the start to the day they leave, we will fine money for them to participate. Council Member Barfield inquired if alcohol would be serviced. Mr. Smith responded no, unless the individual renting the hall gets a one day permit to allow alcohol and they would be accountable and the police department would be involved in everything and be present for every event. Council Member Barfield and Mr. Smith engaged in conversation regarding Mr. Smith's history. Council Member Maness inquired to Planning Director Wullenwaber if there is room for 200 parking spaces to be available at this facility. Planning Director Wullenwaber noted the applicant submitted a layout of the interior and exterior and the parking spaces are not numbered. Council Member Maness noted that in order to make an informed decision Council would need to know that even considering the use of the ones across the street. The facility on its own should have one parking spot per 100 sq. ft. and that is on site. Planning Director Wullenwaber noted there was a stipulation in the ordinance if there is an area within 500 feet of the site that could also account for the parking, but there still has to be some on site. We have Schedule A, B and C and it is a combination of uses like this. We would have to sit down look at it and measure it out and get an actual layout. Council Member Barfield inquired as to how many table and seating for boxing. Mr. Smith stated there was two sides to this building. One side was the church and that would be the banquet hall and the other side would be for boxing and seating would be close to 500. When you talk about parking, again, this building was a church. If the church was allowed to do assembly based on this parking and the parking was not paved and all this extra buffer stuff, because all this extra stuff came in after the fact as I didn't hear any of this when I applied. Council Member Maness noted that the requirements hadn't changed, they are the same requirements they were when you applied for the other site. Mr. Smith noted if there is parking there and the church was utilizing it all the way around the building, which is fenced in wand has some gravel and a little bit more maintenance to it, but the fact of it is there is parking there and if it is laid out properly with what it is than your talking paving and I am saying you slapping a big deal on someone right out of the gate. Council Member Maness noted he wasn't aware a church ever there but it may not have been under a conditional use. Council Member Maness asked Planning Director Wullenwaber to explain. Planning Director Wullenwaber noted there was a church there around 2010 and I am not sure how long it was there but this property has been zoned I-10. Council Member Maness asked how a church was operating in an I-10 zone and if it was done with the knowledge of this Council. Planning Director Wullenwaber noted she didn't know how long the church was there. Mr. Smith noted he was told if he got a letter from the neighboring owner of the parking lot he should be ok with the parking and it should cover you and now the issue is crossing the street and if we mark the street and do things properly to get the people back and forth than the parking at the building could remain as is an utilize the parking lot across the street. Council Member Maness stated to Mr. Smith that he was aware of the parking requirements from the last time he had applied. Council Member McLean inquired if to Planning Director Wullenwaber if Mr. Smith was informed of the requirements before paying for the application. Planning Director Wullenwaber stated yes and that each applicant is told before they lease or buy a building or spend any money, everything they have to do so they the investment they would have to have 252 prior. This was also discussed at the Planning Board meeting but Mr. Smith left during the meeting and was not present during the conditional use hearing and it was presented at that meeting as well. Mayor Harris asked Mr. Smith why he didn't stay. Mr. Smith stated he was denied on the first part and 1 wasn't knowledgeable on the process and I assumed I was done. Attorney Pope asked if there were any other persons that have any questions of the applicant. Testimonyfrom Opponents Blaine Holmes Ashe Avenue, the Planning Board denied the conditional use request based on information in the request and it did not meet the requirements, that why it was denied. Attorney Pope entertained further questions from the City Council membersfor the applicant, proponents, opponents or for the Planning Director or other sworn persons. He explained that once the public hearing is closed, the only questions that Council may pose to the applicants, proponents, opponents shall be for clarification. No new evidence can be introduced after closing the public hearing. Any additional conditions that 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. Mayor Harris closed the public comments as there were no public comments to be made for or against in reference to the conditional use permit for Mitchell Smith, applicant, PIN# 1517- 30-2985.000 — 410 N. Ashe Avenue. Rezoning Request RZ-07-16 Douglas E. Turner, Jr - Maple Avenue PIN# 1517-32-1935.000,1517-32-1934.000,1517-33-2130.000 The public has been notified that oral and written comments will be heard and received concerning the request by Douglas E. Turner, Jr. to rezone approximately 6+/- acres in the 700 block of Maple Avenue. The properties are currently zoned R-10; Single Family Dwelling District and are proposed to be rezoned to RM; Multi -Family Dwelling District. The public hearing is the opportunity for the Council to hear comments and opinions from the public to include any party for or against the request. The public hearing was duly advertised on June 21, 28 and July 5, 2016. Doug Turner 2148 NC 55 East, Dunn, NC — This is a family run business. We own, manage, maintain and operate about 18 rental units in Harnett County. In 18 years I have never had to call the police, never evicted a tenant. We screen with credit and criminal checks. I think management is key to running rental properties. This application is made for me and my family, it is not to be auctioned off or anything else. This project is not subsidized, tax credit, it is not a project it is duplexes and triplexes which make up 14 units that sit on 6 acres. This project is represents approximately $1.2 million investment in our community. The 14 unit complex costs about $85,000 per unit. The construction plans call for 2 bedroom and 2 bathroom units in all the units and they will be single story. The plan is for parking to be at the rear of the units and sidewalks to come out the front. It was done intentionally to blend in with the surrounding community. I have phones calls for rentals in Dunn, NC. Council Member Maness inquired as to what the reason was to have duplexes and triplexes. Mr. Turner stated that a large portion of the property is in the floodplain so if you building the floodplain your constructions costs go up and you also have to pump out your sanitation from down lower, so you have a lot more infrastructure to go to the backside of the property. I am not a developer, 1 don't go in and develop subdivisions, in fact this is the largest thing I have ever done. That is the reason for me as I don't want to get into all the additional costs with a floodplain. Council Member Maness inquired as to how many single family houses would be able to be put in the same area based on .25 acres per lot. Mr. Turner noted the Planner might know better but stated he thought 15-20 and that is utilizing the whole property. Justin Parker 717 Maple Avenue — has lived there for 12 years and is directly across the street from proposed project. Ms. Parker spoke in opposition of the project. Ms. Parker is concerned about the decrease in property value. Council Member Tumage inquired to Ms. Parker as to what accounting methodology she used to determine if the units are built will devalue her home. Mr. Parker stated she didn't have an accounting methodology, and she knows if she goes and purchase something else she doesn't want to purchase next to renters. 253 Jarrod McCall 715 Maple Avenue — What I am told is the tax value of my property is $144,000, what I am told by my appraiser based on every area in North Carolina is I am looking at a 12.5% decrease in my property value. Justina Wiser 315 Village Square Drive — Opposes the rezoning, likes here little neighborhood and doesn't want anything o effect it. Keith Harris 726 Maple Avenue — Has lived on Maple Avenue for 12 years. This area is a single family neighborhood. Opposes the rezoning of the property. Council Member Maness requested all in opposition to please stand so Council can get a count. There were 21 residents that showed in opposition of the rezoning and conditional use request. Conditional Use Permit CU -02-16 Douglas E. Turner, Jr Maple Avenue PIN# 1517-32-1935.000,1517-32-1934.000,1517-33-2130.000 This is a request for a Conditional Use Permit [Zoning Ordinance Article IX Section 22-461 (5)] from Douglas E, Turner, Jr. The conditional use will allow the construction of a single family attached dwellings -single story duplex or triplex in the 700 block of Maple Avenue as presented on the attached map. The public hearing is the 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 June 21, 28 and July 5, 2016 Mayor Harris yielded to Attorney Wiley Pope Attorney Pope introduced CU -02-16, a request from Douglas Turner for a Conditional Use Permit to allow for the construction of single family attached dwellings -single story triplex or duplex. The hearing on this matter is judicial in nature and will be conducted in accordance with special due process safeguards. Swearing -In: Attorney Pope administered oaths to: Planning Director Samantha Wullenwaber Douglas Turner Keith Harris Explanation of Proceeding Attorney Pope explained that testimony will first be given by City Planner Director Samantha 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. Attorney Pope opened the hearing on Case #CU -02-16 Conditional Use Permit Application and asked for testimony from City Planner Samantha Wullenwaber. Testimony from the Planner Planning Director Samantha Wullenwaber asked that the documents contained behind tabs #10 and #22 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 -02-16 Conditional Use Permit is incorporated into these minutes as Attachment #11). The conditional use request CU -02-16 from Douglas Turner and property owner is Midtown Properties of Dunn, LLC. This property is located in the 700 block of Maple Avenue. The conditional use request is to allow the construction of single family attached dwellings, single -story triplex or duplex. The existing zone is R-10 Single Family dwelling District and this is contingent upon the rezoning Case RZ-07-16. If approved the zoning would be RM; Multi -family. It is approximately 6+/- acres. The building square footage attached in the packet for the proposed plans as well as another similar duplex in the area. The site plan at your desk this evening reflects the change that was proposed by the Planning Board. The Planning Board approved this unanimously with the condition that the driveway be moved from the property near Mr. Keith Harris' to the church side. The other condition the Planning Board put on this was when they initially approved it was the dumpster be moved as well and a tall evergreen buffer be put on the side adjoining Mr. Keith Harris' land. For any single family dwelling you need 2 parking spaces, there are 14 units and 6 buildings so that is a required 28 parking spaces. On the site plan there are 42 spaces. To the north is R-20; Single Family Dwelling District and there is a home. To the south there is a church and it is zoned R-20; Single Family Dwelling District. To the east is R-20; Single Family Dwelling District with duplexes and forested land and to the west is R-10; Single Family Dwelling District and that is the Village Square Subdivision. The back of the property is in a floodplain and. The City of Dunn Land Use Plan 254 identifies this area as residential on the future land use map. These properties are located in area one of the Land Use Plan. Water and sewer services are available to the site. The properties are within the Dunn City Limits and all public services would be available. The properties do not currently have any driveways or any access onto Maple Avenue, there is actually no curb and gutter in front of these 6 acres. The applicant has proposed to put in the curb and gutter and the one driveway going into the property for rear parking behind all of the units. As far as trash receptacles they have proposed one dumpster and it would have to be screened by a fence and landscaping. As previously mentioned the application is for 14 dwelling units, 4 duplex buildings and two triplex buildings. The proposed duplex and triplex buildings would be 2 bedroom units according to the plans submitted with the application. The subdivision across the street is single family detached dwellings. To the rear of the property on Cole Street are several duplexes. Buffers will be required along all property lines. The City Staff recommends at minimum the following conditions: 1. The driveway entrance shall be lane safe and maintained. 2. A single driveway with shared access to reduce traffic hazards for all units for multiple driveways. 3. Rear parking for all units. 4. The dumpsters shall be screened by a minimum 6 ft. tall fence and landscaping. 5. The duplexes or triplexes shall be built according to the specifications attached to the application. 6. Curb and gutters to be installed along the front of Maple Avenue. Conditions can be placed as long as the applicant agrees to these conditions. The Council may amend or remove any of these conditions. Council Member Maness inquired to Planning Director Wullenwaber about the unused space to the back of the lot and it could be further developed. Planning Director Wullenwaber noted the conditional use process and the reason the applicant has to come before you is because of the triplexes and putting more than one dwelling unit on a lot. We only allow one dwelling unit per code, but it is conditional use for changing the zone to RM and then doing a condition use allows for more than one unit. If this is approved this is all that can be done without coming back before the Board. Council Member McNeill inquired as to what made the Planning Board agree this project. Planning Director Wullenwaber noted the rezoning was voted as 5-2 and they agreed to this based on the three conditions on your abstract. Council Member Barfield inquired as to why it was necessary to have to road extend to the lot behind. Planning Director Wullenwaber stated the applicant would have to answer that question Douglas Turner noted the plan submitted exceeds the code requirements with an attempt to blend in with existing homes in the neighborhood. There are very few housing options for young working families. The easement inquired about before is a condition of the contract with the property owner. The adjacent neighborhood has rental housing existing there now. The difference here is not the density of the units, it's not the appearance from the outside. The only objection is who will be living there. I think this plan is desirable and conforms to the Land Use Plan. Council Member Barfield inquired about the easement for the road, why is it necessary, are they planning on building back there? Douglas Turner responded that he did know what the property owners plans were for that property. Council Member Maness inquired whether that easement would be another form of access for the property owner in the back. It would also provide and entrance way, paved road, public utilities to feed to the back lots. You don't need it for your development. The reason it is important because that provides everything he would need to come in here and develop that lot with easy access. Testimonyfrom Opponents Keith Hams 726 Maple Avenue noted he was not in favor of the rezoning and the conditional use. When you have three families living in one unit with six families on one lot, I don't know how it can resemble the neighborhood that is there. Each house that is there now has one family on one lot. I don't understand how the appearance is not going to change. If the zoning and conditional use get approved our neighborhood will change, it won't be the same. Our concern is who going to do the upkeep and maintenance with renters there. I don't know why we need to change our use to meet his conditional use. Council Member Barfield inquired to Mr. Turner as the property was going to be up kept. Mr. Turner responded he has a company that does the up keep for all his existing properties. Attorney pope closed the public portion of the hearing. Break 9:11 P.M. Reconvene 9:21 P.M. CONSENTITEMS 256 Minutes — Council considered approval of minutes of the June 14, 2016 City Council Meeting Fee Schedule Modification — to modify the City's fee schedule effective July I, 2016. Due to billing software limitation, we have to create a separate line for the $3.00 yard waste fee. This does not change the amount, only a technical correction so our fee schedule matches our billing software. Resolution to adopt the Cape Fear Regional Hazard Mitigation Plan Council Member Barfield noted the abstract was dated wrong. City Manager Autry noted the correction. Motion by Council Member Barfield and seconded by Council Member McLean to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Consideration of Ordinance to Demolish House 300 N. Clinton Avenue PIN# 1516-77-4527.000 Building Inspector Mike Blackmon has conducted an inspection at 300 N. Clinton Avenue and based upon his observation, 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. Should Council decide to proceed with the demolition of the dwelling at 300 N. Clinton Avenue, an ordinance (which is attached) would need approval directing the Building Inspector to remove or demolish said structure. Council member Turnage inquired about the process to Chief Building Inspector Steven King. Chief Building Inspector King stated once the ordinance is adopted the tenants will be notified and they will have 10 days to vacate and then the property owners can go in and make their repairs in which they will have one year to do so. Motion by Council Member Maness and seconded by Council Member Barfield to approve the Ordinance to Demolish House 300 N. Clinton Avenue PIN# 1516-77-4527.000. Motion unanimously approved. A copy of Demolition Ordinance (02016-07) is incorporated into these minutes as attachment 9 Rezoning Request RZ-02-16 William Pope (applicant & owner) 700 Block of E. Jackson Blvd. PIN# 1507-61-0840.000 This is a request to rezone a parcel of land totaling 21+/- acres located in the 700 block of E. Jackson Blvd. The property is zoned R-10; Single Family Dwelling District and is proposed to be rezoned to C-3; Highway Commercial District The Planning board met on June 28, 2016, to review the request and ask for comments from the public. The Planning Board voted unanimously to approve this request. Motion by Council Member Barfield and seconded by Council Member Tart to approve the request to rezone a parcel of land totaling 21+/- acres., located in the 700 block of E. Jackson Blvd. PIN# 1507-61- 0840.000. Motion unanimously approved. Rezoning Request RZ-03-16 Meda T. Williams Hwy 55 East PIN# 1526-12-8848.000 This is a request to rezone a parcel of land totaling 4.78+/- acres located on Hwy 55 East. The property is zoned C-2; Shopping Center District and is proposed to be rezoned to C-3; Highway Commercial District. The Planning Board met on June 28, 2016, to review the request and ask for comments from the public. The Planning Board voted unanimously to approve this request. Motion by Council Member Tutnage and seconded by Council Member Maness to approve the request to rezone a parcel of land totaling 4.78+/- acres, located on Hwy 55 East PIN# 1526-12-8848.000 and to include the following recommendations: 1. The City of Dunn Land Use Plan identifies this area as agricultural/open space on the future land use map. Although the Future Land Use Plan identified the parcel as agricultural/open space, it is in the commercial uses surrounding it. 2. The amendment is not consistent with the adjoining and surrounding land uses which are commercial. 257 3. The permitted uses in the C-3 district are not considered detrimental to the area or undesirable to the community Motion unanimously approved. Rezoning Request RZ-04-16 Generation III, LLC Hwy 55 East PIN# 1526-21-4325.000, 1526-21-3923.000,1526-22-5364.000, 1526-23-4216.000 This is a request to rezone four parcels of land totaling 75+/- acres located on Hwy 55 East. The properties are zoned C-2; Shopping Center District and are proposed to rezoned C-3; Highway Commercial District. The Planning Board Met June 28, 2016, to review the request and ask for comments from the public. The Planning Board voted unanimously to approve this request. Motion by Council Member Turnage and seconded by Council Member Barfield to approve the request to rezone a parcel of land totaling 75+/- acres located on Hwy 55 East PIN# 1526-21-4325.000, 1526-21- 3923.000, 1526-22-5364.000, 1526-23-4216.000 and to include the following recommendations: . . 1. The City of Dunn Land Use Plan identifies this area as agricultural/open space on the future land use map. Although the Future Land Use Plan identified the parcel as agricultural/open space, it is in the commercial uses surrounding it. 2. The amendment is not consistent with the adjoining and surrounding land uses which are commercial. 3. The permitted uses in the C-3 district are not considered detrimental to the area or undesirable to the community Motion unanimously approved. Rezoning Request RZ-05-16 Meda T. Williams 1100 Block of E. Cumberland Street and on Hwy 55 East PIN# 1526 -02 -4928.000,1526 -02 -4882.000,1526-02-5477.000,1526-02-6105.000,1526-01-6844.000, 1526-11-2431.000,1526-11-4106.000 This is a request to rezone parcels of land totaling 68+/- acres located in the 1100 block of E. Cumberland Street and Hwy 55 East. The properties are zoned C-2; Shopping Center District and are proposed to rezoned C-3; Highway Commercial District. The Planning Board Met June 28, 2016, to review the request and ask for comments from the public. The Planning Board voted unanimously to approve this request. Motion by Council Member Turnage and seconded by Council Member Maness to approve the request to rezone a parcel of land totaling 68+/- acres located in the 1100 block of E. Cumberland Street and Hwy 55 East PIN# 1526 -02 -4928.000,1526 -02 -4882.000,1526-02-5477.000,1526-02-6105.000,1526-01- 6844.000, 1526-11-2431.000, 1526-11-4106.000 and the include the following recommendations: 1. The City of Dunn Land Use Plan identifies this area as commercial on the future land use map. 2. The amendment is not inconsistent with the adjoining and surrounding land uses which are commercial. 3. The permitted uses in the C-3 district are not considered detrimental to the area or undesirable to the community. Rezoning Request RZ-06-16 Mitchell Smith 410 N. Ashe Avenue PIN# 1517-30-2985.000 This is a request to rezone a parcel of land totaling 2.57+/- acres located at 410 N. Ashe Avenue. The property is zoned I-10; Restricted Industrial District and is proposed to be rezoned C-3; Commercial Highway District. The Planning Board Met June 28, 2016, to review the request and ask for comments from the public. The Planning Board voted unanimously to deny this request. Motion by Council Member Barfield and seconded by Council Member Tart to deny the request to rezone a parcel of land totaling 2.57+/- acres located at 410 N. Ashe Avenue PIN# 1517-30-2985.000 and to include the following comments: 1. The City of Dunn Land Use Plan identifies this area as industrial on the future land use map. This is in a historically industrial zoned area. 2. The amendment is inconsistent with the adjoining and surrounding land uses which are industrial. 3. The permitted uses in the C-3 district are not considered detrimental to the area or undesirable to the community. Council Members Barfield, Tart and Maness voted "aye" and Council Members Turnage, McNeill and McLean voted "nay". Mayor Harris cast his vote with an "aye" to break the tie. Attorney Pope noted the Conditional Use Request does not need to be considered as he is not entitled to it unless the property has been rezoned. Conditional Use Permit CU -01-16 Mitchell Smith 410 N. Ashe Avenue 258 PIN# 1517-30-2985.000 This case was not heard as the rezoning request was denied. Rezoning Request RZ-07-16 Douglas E. Turner, Jr. Maple Avenue PIN# 1517-32-1935.000,1517-32-1934.000, 1517-33-2130.000 This is a request to rezone a parcel of land totaling 6+/- acres located in the 700 block of Maple Avenue. The property is currently zoned R-10; Single Family Dwelling District and is proposed to be rezoned to RN; Multi -Family Dwelling District. The Planning Board met on June 28, 2016, to review the request and ask for comments from the public. After hearing the request from the applicant and opposition from other parties present, the Planning Board voted 5 to 2 to recommend approval of the request. Council Member Turnage stated he studied this case more than the others because I am looking for a situation we are facing and that is the lack of quality rental property for young professionals to want to come to Dunn and have the access to the amenities Mr. Turner as well as Mr. Harris have provided. This is a great location. It is around the areas where we already have duplex apartments. No one can come up with how it will devalue their property and I don't think it will. Motion by Council Member Turnage moved to approve the request to rezone a parcel of land totaling 6+/ - acres located in the 700 block of Maple Avenue PIN# 1517-32-1935.000, 1517-32-1934.000, 1517-33- 2130.000. Motion died due to lack of a second. Motion by Council Member Barfield and seconded by Council Member McNeill to deny the request to rezone a parcel of land totaling 6+/- acres located in the 700 block of Maple Avenue, PIN# 1517-32- 1935.000, 1517-32-1934.000, 1517-33-2130.000 and to include the following comment: 1. This area is residential and not consistent with the adjoining land use. Council Member Maness noted this was a difficult situation to be put in where we are trying to balance the needs of the City and respect the integrity of the community and neighborhood around it. This is a beautiful plan and I think it would work well. The showing of residents here is indicative to me they want to protect their investment and that is the only reason I will not be supportive of this. Council Member Turnage inquired as to what kind of message is Council sending the Planning Board when we are asking them to help us plan for the future. Mayor Harris noted there are not a lot of developers wanting to build in Dunn and we have a person willing to step up and build these apartments and willing to invest his money in Dunn and he is willing to manage the properties. Motion to deny was passed with a Council Members Barfield, Tart, Maness, McNeill and McLean voting "aye" and Council Member Turnage voting "nay". Conditional Use Permit CU -02-16 Douglas E. Turner, Jr. Maple Avenue PIN# 1517-32-1935.000,1517-32-1934.000,1517-33-2130.000 This case was not heard as the rezoning request was denied. Update on collection of fees for Weedy Lot Enforcement A report was provided to Council regarding the collection of fees and the amount that needs to be written of due to properties being sold and improper notification. City Manager Autry noted the following: The City Clerk has been working with the City Attorney to find a short and effective way to go after the money that is owed to the City and if they are not paid we will attach a lien to the property. The City has collected $2,654.91. There are 28 properties to put liens on where the certified letters have been unclaimed or refused. There are 53 property owners whom have not responded to the certified letter sent and appropriate action of placing a lien against the property will take place. There are 4 property owns on a payment plan whom understand if a payment is missed a lien will be placed against the property. The tentative amount to be written of is $46,557.11, which could increase if more properties sell before a lien is placed on them. This amount is due to properties being sold and property owns not being properly notified. Motion by Council Member Maness and seconded by Council Member Tart moved to authorize the write- off amount of $46,557.11 that is uncollectable and authorize the City Clerk to place liens on all properties within the City of Dunn that have delinquent balances. Motion unanimously approved. 259 The City Clerk is provide updates to Council as needed Board Anoointments Planning Board (3 year term) In -town Incumbents Blaine Everhart and Patsy Powell are willing to serve another term. Applications have been received from Karl Bauer. Motion by Council Member Barfield and seconded by Council Member McLean to re -appoint Blaine Everhart and Patsy Powell to the Planning Board with a term expiring June 30, 2019. Motion unanimously approved. Board ofAdjustment (3 year term) In -town Incumbent Donald Strassburg wishes to serve another term. An additional in -town vacancy remains on this board. No applications have been received. Motion by Council Member Tart and seconded by Council Member McLean to re -appoint Donald Strassburg and Robert E. Brooks, Jr. to the Board of Adjustment with a term expiring June 30, 2019. Motion unanimously approved. ABC Board (3 year term) Incumbent Milton Jernigan wishes to serve another term. No applications have been received. Motion by Council Member Turnage and seconded by Council Member Maness to re -appoint Milton Jernigan to the ABC Board with a term ending June 30, 2019. Motion unanimously approved. Library Board (3 year term) Incumbent Doris Olds wishes to serve another term while Incumbent Pricilla Neighbors does not. Applications have been received from Dava Anderson and Shirley White -McNeill. Motion by Council Member Maness and seconded by Council Member Turnage to re -appoint Doris Olds and to appoint Shirley White -McNeill to the Library Board of Trustees with a term ending June 30, 2019 Motion unanimously approved. Dunn Housing Authority As recommended by a letter from the Dunn Housing Authority, Mayor Harris re -appointed Lester Lee and Eddie Draughon to the Dunn Housing Authority and re -appoint Lew Holloway as tenant representative to the Dunn Housing Authority all with a term ending June 30, 2019. Cemetery Advisory Board (3 year term) Incumbent Mary Dafford is willing to serve another term. Ina White and J. Nowell Smith have not responded as to whether he wishes to serve another term. No applications have been received. Motion by Council Member Barfield and seconded by Council Member Tart to re -appoint Mary Dafford, Ina White and J. Nowell Smith to the Cemetery Advisory Board with terms ending June 30, 2019. Motion unanimously approved. Recreation Advisory Board (3 year term) Incumbents Laronda Abney and Keith Williams wish to be re -appointed. Brunnell Williams has not responded as to whether he wishes to serve another term. An application has been received from Dava Anderson. Motion by Council Member Maness and seconded by Council Member Barfield to re -appoint Laronda Abney, Keith Williams and to appoint Dava Anderson to the Recreation Advisory Board with terms ending June 30, 2019. Motion unanimously approved. Council Member Turnage would like to talk about the committees and what our expectations of them are and how do they report back to Council. Is it through the Department Head or is it some other way? I would like to discuss this at our next retreat. Approval of Tax -Exempt Bank Qualified Installment Financing City Manager Autry stated this was an installment plan for a new limb truck. We were able to locate a new limb truck from the company that had given us the quote for $136,000 that was well under the $170,000- $180,000. They had in June a demo they had just got in for another city and the other city never moved forward to purchase it and we were able to get it for $128,000. We went out for financing and First Citizens Bank came back with 2.12% over 5 years and the debt payment would be $27,251.00 annually and would be in the 2017-2018 budget. Motion by Council Member Maness and seconded by Council Member Tumagq. to approve the Tax - Exempt Bank Qualified Installment Financing with First Citizens Bank at an interest rate of 2.12%. Motion unanimously approved. AND/OR DECISION 260 Financial Report Finance Director Mark Stephens provided the following financial report for the period ending May 31, 2016: • The City as of May 31, 2016 had $3,562,253 in cash in the General Fund and $12,013,324 in the Water and Sewer Fund. In May 2015 the City had $2,862,638 in the General Fund and $2,163,919 in the Water and Sewer Fund. • Property Tax collections were $3,582,763 or 101.30% of budget. Last year property tax collections through May were $3,442,375 or 99.20% • Sales Tax Revenue is $1,317,329 or 100.60% of budget. Benchmark for the month is 83.30% of budget. • Utilities Sales Tax is $774,043 or 83.90% of budget. Benchmark for this month is 100.00% of budget. • Building Permit Fees were $80,207 or 123.40% of budget. Benchmark for this month is 91.70% of budget. • Water and Sewer Revenues were $4,190,100 or 93.10% of budget. Benchmark for this month is 91.70% of budget • Expenditures were 87.50% of budget in the general fund and 86.30% of budget in the water and sewer fund. The benchmark for this period is 91.70% of budget. Motion by Council Member Maness and seconded by Council Member Barfield to accept the Financial Report. Motion carried unanimously. ADMINISTRATIVE REPORTS Tax Report Building Report, Planning, Recreation and Library Reports Police Report Motion by Council Member Tart and seconded by Council Member McLean to accept the Administrative Reports. Motion unanimously approved. "001100612012", The following announcements and/or comments were made. Mayor Harris: ➢ The North Carolina Department of Transportation is hosting a public drop in meeting to gather comments on SPOT (Strategic Planning Office of Transportation) projects. A drop-in meeting will be held at Lillington Community Center at 607 South 131h Street in Lillington on Thursday, July 14`h from 4:30 p.m. to 7:00 p.m. Representatives will have project maps and draft division tier local input point allocations on display. We invite the citizens of Dunn to attend this meeting as the transportation projects also pertain to Dunn and the surrounding area. ➢ Crime Stoppers National Night Out Celebration will be held on Tuesday, August 2, 2016 from 6 p.m. — 9 p.m. at Tart Park ➢ The next regular City Council meeting is scheduled for Tuesday, August 9, 2016 @ 7:00 p.m. Council Member Turnage inquired if the notifications letters went out to the lawn care services and their responsibilities. City Manager Autry noted all the letters went out to the lawn care services. Council Member Tart inquired about the tennis courts. City Manager Autry stated he has spoken with the engineers contacting the company that did the coatings and we have talked to asphalt people and I met with Bosie Tart out there a few times to discuss it and if nothing can get settled we will be having the City Attorney write some letters. Motion by Council Member Barfield and seconded by Council Member Tart to adjourn the meeting at 10:26 p.m. Motion unanimously approved. `V� scar N. Harris Mayor hest: 'j 11 7 I 1 ennifer M. Fortin, Cl C . , .... i City Clerk %% OF0 ' �APORA SE H CAP