344  Dunn City Council Regular Meeting Tuesday, February 20,2024 6:30 p.m., Dunn! Municipal Building  Minutes  PRESENT: Mayor William P. Elmore Jr., Mayor Pro Tem J. Wesley Sills, Council Members Raquel McNeil,April Gaulden, Alan Hargis, and Dr. DavidL.E Bradham. ABSENT: Councill Member Billy N.Tart Also present: City Manager Steven Neuschafer, Assistant City Manager Billy R. Godwin, Finance Director Cary McNallan, Chief of Police Cary Jackson, Planning Director George Adler, Parks and Recreation Director Brian McNeill, Human Resources. Director Connie, Jernigan, Public Works Director Dwayne Williams, Collections and Distribution. Manager Billy Cottle, Water Plant Manager lan. Stroud, Wastewater. Plant Manager Donrie Dukes, Administrative. Support Specialist. Amber Groves, City Attorney Tilghman Pope, and City Clerk Tammy Williams. Mayor Elmore opened the meeting at 6:30 p.m. and Council Member Gaulden gave the invocation. Motion by Council Member Bradham ands second by Council Member Gaulden to adopt the February 20, 2024  CALLTOORDER/ ANDI INVOCATION Afterwards, Council Member Hargis ledi int thel Pledge of Allegiance. AGENDA ADJUSTMENT AND APPROVAL meeting agenda asp presented witht the following addition: Small Rural Triball Body Worn Camera Grant Motion unanimously approved. CONSENTI ITEMS  Minutes oft thel November: 14,2 2023 City Council Meeting. Minutes oft thel December: 12,2023 City Council Meeting. Minutes oft the] January 3, 2024 City Council Orientation! Meeting. Temporary Blocking of Street/Use of City Property- BH Healthy Club Anniversary  Audit Contract Award to TPSA and authorize the Mayor and City Manager to execute the contract, engagement letter, and related documents. A copy of the Resolution (R2024-05) is incorporated into these Retirement Resolution - Terry Bethea. A copy of the Resolution (R2024-06) is incorporated into these Budget Amendment Various Accounts. A copy of Budget Amendment (BA2024-11) is incorporated into Park tol Park Trail Project Amendment. A copy of the Capital Project Ordinance (02024-01) and Budget Capital Projects Manager/Building Inspector Amendment. A copy of Budget Amendment (BA2024-13)is Motion by Mayor Pro Tem Sills and: second by Council Member Gaulden toa approve all consent items. Motion  minutes as Attachment: #1. minutes as Attachment: #2. these minutes as Attachment: #3.  Amendment (BA2024-12) are incorporated into these minutes as Attachment: #4.  incorporated into these minutes as Attachment: #5. Smalll Rural' Tribal Body' Worn Camera Grant  unanimously approved. PRESENTATIONS  Terry Betheal Retirement Presentation Mayor Elmore recognized Terry Bethea on! his retirement. CALEA Reaccreditation: Police Dunn Police Department. Readingo of Blackl History Monthl Proclamation minutes as Attachment: #6. School Bus Driver Appreciation' Week minutes asA Attachment: #7. PUBLICCOMMENT PERIOD  Chief Jackson presented to the Council and her staff the second CALEA Accreditation award to the City of Mayor Elmore read the proclamation and recognized Council Members Gaulden and McNeil honoring their leadership and service tot the City ofl Dunn. A copy of the Proclamation (P2024-02) is incorporated into these Mayor Pro Tem Sills read the Proclamation and presented a copy to the schools in attendance: Dunn Elementary and Dunn Middle Schools. A copy of the Proclamation (P2024-03) is incorporated into these The Public Comment Period was opened by Mayor Elmore at 6:51 p.m. The following spoke in favor of Chief Jackson and the Dunn Police Department: Karren Lee, Michael Wood, and Michael Preddy. The following spokei in favor of Pac-Man's retirement: Victoria Lee, Susan" Thrailkill andj Johnnie Jackson. Herb Smith spoke about a vision for Dunn and encouraged engagement with residents and Michael Edwards spoke about the fiber opticsi installed around the City. Having noa additional comments, the Public Comment period was closed.    345  ITEMS FORI DISCUSSION. AND/ORI DECISION  Resolution: and Order for Closing of Public Street- W Godwin Between 801 SI King Ave and 707 S King Mayor Elmore opened thel Public Hearing at 7:19 p.m. City Manager Neuschafer presented for consideration the closing ofas section of public street between 801 S King Ave and 707 S King Ave from S King Ave to the alley. A petition requesting the closure was received onl December 1, 2023 and isi includedi int this packet." The Resolution ofI Intent was adopted att the December Council meeting settingt the date for the Public Hearing for February 20, 2024. The public hearing was duly advertised and posted. as required. Proper notice was certified mailed tot the property owners adjoining this property and posted int two places along the property and all utilities werel located. The City of Dunn has an outfall line that crosses the property and the owners havel hada as survey map completed whichi identifies thee easement int their property. With nof further comments, Motion by Council! Member Gaulden and: second! by Mayor Pro Tem Sills to adopt the Resolution and Order to Close the Public Street between 801 SI King Ave and 707 S King Ave as presented. Motion unanimously approved.Ac copy oft the Resolution and Order (R2024-07)isi incorporated. into these minutes as Attachment #8. Motion by! Mayor Pro Tem Sills and: second by Council Member Bradham to open a Public Hearing at 7:22 p.m. to consider a request to convert a single-family home into a triplex in an R-7 zoning district. Motion And at this time, since the hearing is open, I'd like to turn it over to the City Attorney Tilghman Pope to conduct this portion oft the meeting. City Attorney Pope's.comments int this matter are all ini italics. Thank you, Mr Mayor: This isar request to convert a single-family home into a triplex and an R7: zoning district. Specifically, the request is to allow for the development ofa multifamily conversion as a special use of the property zoned R7. Ast thel Mayori indicated, this isa quasi-judicial, proceeding and the matter is under case #SUP- 01-24, which is a request by David Berg and Chris Dolan, for a special use permit to allow for a multifamily dwelling conversion on an existing .16-acre parcel being Pin #1516-78-0032-000 at. 309 N Wilson Ave. The The meeting ont this matter is judicial ini nature and will be conducted with special due process safeguards. At this time, any person who wishes to give testimony in this hearing, ify you will, please come to the podium to be George, is there a Bible there? Ifj you'll place your left hand on the Bible and raise. your right hand. Do. you solemnly swear that the testimony you'y 're about to give to be the truth, the whole truth, and nothing but the Int this meeting wev will first hearj from the planning director, George Adler, and then from the applicant and their witnesses, and then from opponents to the request Parties may cross examine witnesses after each witness testifies when questions are called for ifthe person has standing. Ifyou want City Council to: see written evidence such as reports, maps; exhibits, the witness who is most familiar with the evidence should ask that it be introduced at the end or beginning of) your testimony. We cannot accept reports from persons who are not here tot testify. Ido nots see any attorneys present for any party, So we'll: skipt that part and now open this meeting on Case #SUP-01-24: Special Use Permit application and recognize the Planning Director George Adler: Planning Director Adler: Thank you. I would I'd like to include in the record all the materials that were Adler: This request is for a special use permit to allow for multifamily conversion as a special use of the structure that's currently existinga at 3091 N Wilson. And that's specifically to converta single-family home into Int the UDO section 506 table of permitted uses, a dwelling multifamily conversion is permitted in R7 as a special use. Referring to UDO: section 3.06 A! 5Bt that describes the process, a quasi- judicial process. There are af few questions thata are raised, and Illa address them, and itl basically follows what was int thes staff report. On the first question asks does the use materially endanger the publicl health or safety. 309 N Wilson is: zoned R7 Single family: zoning district. Multifamily conversion isp permitted asa a special use inl R7 according to the table of permitted uses at 5.06.. A triplex att this location would increase density slightly. Just two blocks from the center of downtown. Increasing residential density int the downtown area supports Imagine Dunn's vision for Willt the uses substantially injuret the value of adjoining or abutting property? 309 N Wilsoni isi in the Gateway and Corridor Character area andt to quote from the Future Land Use plan, many oft these areas were identified in the city Strategic Vision Plan as opportunities for improvement and or redevelopment. Development policies should focus ona adaptive reuse ofe existing structures. That's onj page 28 oft the Future Land Use Plan. Increasing the residential from one household to three in a revitalized residential structure built in 1925 adjacent to the downtown would not injure the value of surrounding properties. All Public Utilities are available ont thes site. An multifamily conversion would noti impede orderly development or have any negative  Ave  the! Public Hearing was closed.  SUP-01-24 (quasi-judicial) Dwelling- Multi-Family Conversion at 3091 NV Wilson  unanimously approved.  property is zoned R7 Singlel Family Dwelling District.  sworn.  truth, sol helpy you God?Alla agreed. Thanky you. You may bes seated.  provided toc councili int their packets. Those items are received ine evidence.  atriplex.  more commercial: and pedestrian activity downtown.    346  impact on surrounding properties. So, the question of is the requested use in conformity with the city's adopted comprehensive plan? The future land use mapi identifies this address as being in the Gateway and Corridor character area adjacent to the downtown character area. The conversion of a dilapidated single- familys structure toa vitalized triplex conforms tot that character area ofs support of redevelopment. AL blend of uses and al blend of different residential types. The existing 2000 square foot structure was built in 1925.To convert and revitalize such a structure into at three-household residential building would conform with the Iwould like toj just explain one thingt that might not be clear. What's requested is a multifamily conversion and that's definedi int the UDO as as structure that was built as a single-familyl home, that's converted up toa triplex. So, that means converting the existing single- family home at 309 N Wilson toat triplex. Iffor whatever reason, the existing structure can'th be redeveloped into at triplex. Ai new building with three units could not be built without a special use permit and rezoning tol RM mixed-use or C1. If you have any questions, I'd be Council Member Bradham: Back toy your last point. So, ifit's converted to a triplex. Idon't want top put words iny your mouth, ifit doesn't sell or doesn't work out or whatever, then at that pointy you're sayingt thati itc cannot Adler: That what is being requested is converting the existing buildingt to a triplex. Let's justs say the existing building could not be, and for whatever reason, it could be that it costs too much to get it to meet code. It could! be any number ofr reasons, whatever the reasoni is. Ifit! had to be torn down. The owners couldr not just build at triplex. That's a different definition in the UDO, that's multifamily. This is a single family. This isa dwelling conversionf from: as singlef familyt toa a triplex. So, ifthe! building came down and youl had approved this Council Member Hargis: So,) you'res saying that it would revert! back tos singlef family att that time is what you're Adler: To do anything other than single family you would need to come back to council for a special use Hargis:I Ihave: a question: about something, butI don't! know ifyou would bet the right one George to ask or not or maybe one of the petitioners might! be, butl Iasl Iwas looking through this, therei isat tremendous amount of things that the county inspector has said that need tol be done, sprinkler systems and all kinds of things that  futurel land use plana andi map.  happyt to answer them.  Att this time, this is the opportunity) for Council to ask any questions ofl Mr. Adler.  bec converted toa a... what wast the last pointt that your made?  special use permitf fort the multifamily conversion that would become: ar moot point.  saying?  permit and that woulda alsoi include rezoning. Other questions ofA Mr Adlerf from Council.  are expensive. AndI Ijust wonder.. Are you) prepared to dot that? Applicants are coming next;) you'l Ibec ablet to ask them this question.  Unintelligible comments byl David Berg  Oh, oh, oh. You'rer not testifying yet, Sir. Any other questions for Mr. Adler? All right. Thank) you, Sir. We will now Chris Dolan: My name is Chris Dolan Iam one oft the homeowners. Idol have some items l'd like to put into  hear from the applicant and otherp proponents. State your name beforey you testify, please.  testimony.  Ifyous will pass that around with Drk Bradham, please. Hargis: Yes, speaki inl Icannot hear you. Hargis: Wej just passed around. Your may proceed.  Dolan: Id did notl knowl how many copiest tor make, sol do apologize. Iam: short, so, Ididk have seven.  Dolan: So, Idoa apologize for that, but Ididi not know how manyl needed.  I'm starting out. I've actually numbered the items that you have iny your packet there. So starting with the top right, you'lls see ani item number one. This isj justa a listing oft the homet that wej purchased last year in April. So, we haven't even had itay year yet. So, we purchased iti in April of 2023. The listing agent had itl listed as a triplex." Thena after that. Sot that's) justk kind of #1. So, ify youl look toj page 2 onl here, there's a whole series ofr my county taxi records for this] property and also al letter from Harnett County. So,i inl looking at the tax records, so again, they're marked as. You'lls see a letter from Harnett County, such as, say, #2 on the top right. You may It might be easier for you to undo the paper clip. Anyways, there's a letter from Harnett County here, and basically understanding this is he's clarified to us that the MOD. Thel MODi ist the model type, whichi isa single- family resident asa ar modelt type, but the usagei is6 62, whichi isa duplex triplex. Hej pulled theser records back  havet to undos your papero clip, Sir..    347  and he was able to go back for what their limitation was 2002. And since 2002 for their records, this home has had the usage code as a triplex duplex with the measurements int theref for each individual unit. So, Iwant tol Iwanted tos share that withy yous soy youd coulds seet that, andt this letteri isf from] him, and hes said ifyoul had any Number 3. We reviewed the zoning in your packet there, you'll see al little. Speaking of something like this kind ofe enlarged, this isf from 2006. In 2006 our home 2000 and actually upt to 2021 and previous years, our home wasa actually classified and: zoned as OI. Ity was not changedt tol R7 until 2021 and thati is evidence 3B. So, thisi is 3A: and you have 3B. So 3Ai ist that this home was actually: zoned as OI, whichi is office andi institutional. Number 4.7 The home and you can see in the very front picture oft the packet that I gave you, the home has three mailboxes. The home also has three electric meters. I emailed Mr. Adler here and asked him some questions and thati is on #4 packet. There's an e-mail from Mr. Adlera and myselfi ine exchange and Iasked him how does somebody get 3 electric meters becausel Icalled Duke Energy myself and Isaid, hey,youl know we have 36 electric meters. Can you tell me how long that they have been there? Their records only go back to 1999 and they said we' vel had three meters there since atl least 1999.1 Then Iasked what ist the process of Mr. Adler and Duke Energy, both, asked both parties. Duke said that in order to have an electric meter, an inspection needs to be completed and that is done by the city. In: addition to that, it has to be approved to allow the additional meters tol be added. In the e-mail from Mr. Adler, he does confirm that that is indeed the case, that typically somebody would apply through the city inspection department and ask for the additional meters tob be addeda and then they'r re eithera approved or not approved.. And the Duke Energy has tol have that before they can add additional meters. The other part oft that e-mail, aslasked! him about thet three mailboxes, Isaid how does somebody get 31 mailboxes. Because Ican't just call today the post office and say, hey, canI please get another address for my house. There is a process put inj place and that is that you need to go through the city. Int the e-mail George says whati is his awareness? Because George has been here: since Ithink 2019. So, hes saidi inl his history ofb being! here, he coulds say thaty you have to got tot the city tog get the approvalt to plan this. Youl have to get their approval because you have tol have the 911 information added. You have to Soa asf fara as wel know from Duke Energy, Tasked! him how longt their policy wasi inj place, havingi inspections for additional meters.. Andt they said atl least 40j plus yearst that they're aware oft that their records gol back. Ify you look at #5, Ipulled, there'sa packet int there wherel pulled comparable sales and listings to our property. To show! how the county has listedt them for usage codes and compare this to what the City of Dunn has both in what theyl have ont their map but also what theyl have as zoned previously and currently. So, I'm gonna go to All right, sof first wel have 604 SI Fayetteville Ave. Thisi isa a duplex triplex. The usage code ist the same as ours, whichi is 62. And thisi is ont the Duke orl I'm: sorry, ont the Dunn City: zoning map, itis R10. Ipulled then 310 W Broad Sti inI Dunn. Thisi is actually: shows description asa a use 57 as convertedi residents to commercial. This is zoneda as RM. Thisi is actually a fourplex. This isa a quad, 4u units inc one. Ithen pulled the 311 East Bay St. Thisi is also used code 57. Andi its says converted resident commercial. This is also: zoned RM and this, for me, shows it apartments becausei ith has apartments aref five orr more units. So, once you get past that 4 quad ith becomes an apartment according tol how they've defined this here. Next, pulled our neighbors down the: street, SO ont the same blocka as us ont the opposite corner. So, ify youl look at the map of what George had up there on our exact block, just the opposite corner is 303 Wilson andi ita actually has two mailboxes, 2 meters, it's 301 and 303N They have that listed int the zoning map. So, ont the 2022 and 2024: zoning map, the zoning maps here, itis listeda as R7. Itisa also classified use as 62 duplex triplex." Then) pulled al house that's actually currently for sale just tol kind of, you know, mix things upa a little bit and thisi is 103 Winterlochen! Drive. Thisi isa also use code as 62 duplex triplex. This Icould not find int the ZODI map, and Idon't know ifi it's because it's outside of city limits ori ifIj just, the city, the streets arej just notl listedt there. Butl couldn't actually find that one. But that just kind of gives you ani idea of how ours compares to the other multifamily homes that are out there and have Number six, madea a mistake. thought parking was according to the UDO that Harnett County has, whichi is 1.5, but George states. Icouldn't find the city'sUDOt that George sharedi it with me today. So, the parkingi is 1.8. parking spots off street per unit. So, we have a very large backyard where our property is so we can accommodate the 4.5 vehicles or the six vehicles almost that we would need. So, wel have ample space int the Next, I'dl liket tol kind oft talk toy you guys about the person that we spoke wel bought the house from. His name isE BLS Strickland, he's Belvinl LStrickland Junior. We actually just talked tol him today too, but we also met with him when we were purchasing the home. So, we talked tol him, and he told us that this home was actually Dolan: OK, that's fine. That's OK, but we'rej just trying to say that this house has been triplex fora a while, so that's fine. And one oft the things that came about the conversation is that he did go through the city. Idon't knowl how far back records go because its seems to mel like even the county doesn't go pastl like the 80s. But his father- he assured us that he went through the proper channels. His father actually was a City of Dunn  questions, buti itd does say that the use oft this homei isat triplex. Sot thati ist #2.  have: alll kinds ofd different thingst tog get approved priort tog getting 3 mailboxes.  that fora a second here.  Wilson Ave.  been sold recently.  back. Sot that was something that came about.  converted toat triplex in1 1977.  Ma' am, you can'tg give testimony as tov what somebody elses said. How to close.  Inspector.    348  Ma'aml I'ms sorryy you can'tte testify what somebody elses said that's not here.  Dolan: It's there. Ir mean, he was. Ig gave yout the. I'm just telling you that he was, his dad was ani inspector.  That's alll I'ms saying rightr now. Unintelligible comments.  OK? Siry youy will geto opportunity tot testify ina a minute.  Dolan: OK, that's fine. So, I'm putting into evidence that his father, the owner's father, was the city inspector for City of Dunn for multiple years. So that's what I'm putting in that in for evidence. No other, no other Yeah, well, you cans seet thatl he was, I'ms sure somebody probably even know him, but hes was. Ify youl look att the picture,) you cans seet thatl he was here ont the councilf for,I thinkl hev was ani inspector fora around 20 years that is there. So,1 Ibelieve that he would have been able toi instruct his son properly on how to do this. To convert it toat triplex the righty way. Umm. And Idol have: a copy ofh his deedi ift that's necessary." The other thingl wanted top point outi is,i inl havingac conversation" with Mr. Adler here, wel have a conflict about dumpsters. So rightr now, wea actuallyl have city water that we provide for the three units. They all get automatically when you open up a water account through the City of Dunn. You automatically get a recycling bin, ay yard waste debris container, and a recycling container. So, you get in garbage. Sorry, you get 3 different bins automatically ify you want them. You don't have tot take them, buty you gett them. Sor rightr now, we are providing 3ofe everything tot these people. So, one thingt that George mentioned ist that the future conversion, if this was declared a new conversion versus an existing just requesting a special use permit, is that he felt that we would need tol have a dumpster., A reading from Article 5.13, it: says, any residential development with more than two units. Itake that as a neighborhood ora a community, not ane existing property that's within the city limits, that'sj justa already there. So, there is al little conflict have, Iguess, with that, with that language. So,I don't think a dumpster would be necessary because this house is probably six blocks from here. I mean, I don't think it's necessary. And viewingt the other properties that we disclosed to you, didn'ts see any oft them having dumpsters either. Soi ini inr my conclusion: andy yes,I I'ml long winded andI Iwillf finally be done. So going! backt tok kind of where started) here. So, we were surprised based ont this, what we've told you about thel listing and about property having the meters and the mailboxes and what the county has showed us. We were surprised when Mr. Adler told ust that we, that first of all, he couldn't find any documents showing that this was ever converted. But that our housei is considered: single family, single family, and that we would have toa applyf fora a special permit. So, we were: surprised because we werel like, OK, this is already at triplex. And it's better for and we' ve as far as wel knowi it's been atl least about 50 years that it's been that way. So, we were surprised. We were: and confused based on allt these findings. That's why I'm sharingt those findings with you. And it's been taxed as a triplex for the county as well. So, everything leads to the suspended triplex as an existing structure, nota a single-family resident. So, with what the countyl has shown usf for taxi records and for previous zoning maps, wea actually would] like to request that 3091 N Wilson be considered an existing triplex. We wouldl like to grandfather clause in, ift thisi is possible, tol have this tol be considered existing structure asa triplex and not be considered a newly converted triplex because this would cause financial hardship on us, Can Iask a couple of questions att this time? So, this is not a proceeding where you get to ask forai variance from what) you have applied for. So, are you speaking in favor of your request for a special use permit? Are you Dolan: Well, so, was told that's what wel had to do. Obviously, want itt tol be a triplex, but I don't want tol be  comment.  Unintelligible comments byl David Berg.  andi it's been! like 50 years. opposed toas special use permit?  newly converted triplex because it's already triplex.  So, arey youi inf favor ofy youro application ord arey you opposed toy your application?  Dolan: I'mi inf favor ofith being.  OK, I need to ask you aj few questions about your documentation. Do. you desire for these documents to be OK, ifyou'l IIg giver mej justo a minute) from for the council benefit Item number two isas statement) from a third party who's not here tol bec cross examined andi ini my opinion would not be admissible into evidence. Items number one, she has provided testimony of her own personal knowledge. Item number three, she has item number 4. Since it's from Mr. Adler and hei is present, could be cross examined, Ithink would be permissible. Items. #5.. She testified that she gathered that information herself sol Ithink that would be permissible. Item number: six is not any city code information, that's something. from the county, so that's not relevant and the last item ofl Mr. Strickland's obituary is an out-of-court statement and that in my opinion would not be admissible either. So, I would  received into evidence as a part oft this proceeding?  Dolan: Ido.  entertain ai motiont tor receive into evidence item 1,3B. Fouro andj five.    349  Dolan: Sir, couldI Taski ifnumber? Not righto att this moment. opposed, motion carries.  Motion by Council Member. Sills and second by Council Member Hargis. Is there any discussion about receiving items 1,3B, four, and five into evidence? Hearing none, all those inj favor of the motion: signify by saying aye, all And is there a motion that items 2,6 and an unnumbered item being an obituary of Belvin Strickland, not be  received into evidence? Motion by Council Member Sills. Hargis: Whati ist thei item number: six? Hargis: Whati isi item number 6? She testified that it'ss something from the county. Dolan: It's nota applicable, it'si not applicable.  Hold ond ones second. Ihavear motion ont the table.. Second by Council Member Gaulden. OK, I'ms sorry  Have ai motion and a second. Ist there any discussion about excluding items 2,6 and an unnumbered item obituary of Belvin Strickland from the evidence? Hearing none, all those inj favor signify by saying aye, any opposed, Dolan: Well, Iwas just goingt to aski if#2i ifIcould remove the cover letter because the other items are, think, imperative becausei it tells you: about my, how the house has been: zoned. So, isi it possible toj justr remove the cover letter and keep the items that are behind it? Those are the tax records from the Harnett County. Ido  motion carries. OK, ma' am, doy youl have further testimony? think that those are warranted that possible. Who madet thel handwritten notes ont them  Dolan: Me: afterI Italked tos somebody, sOI understood everything that.  So based onl her testimony and personal knowledge oft thel handwritten: notes madec ont the items attached toi item two, and the fact that they are otherwise public records, Iwould entertain a motion that those tax records be received into evidence. Ist there a motion that only the tax records but not the cover letter from Harnett County Motion by Council Member McNeil that the tax records bei included and not the cover letter. Have a motion. Is there a second? Motion dies from lacko ofasecond. AlL Right Ma' 'am, doy you have any further testimony? OK, Are there anybody present who's been sworn to provide testimony that has any questions for this witness? Mayor Pro" Tem Sills: Just. Whati is your ultimate goal with this property? Ifyou) had a magic wand, what are Dolan: We would like to continue the use oft the triplex. We would like to update the home to bringi it to the Dolan: So, we've already done, as you cans see int the picture that George has on the top left here. It's already looked. Ita already looks al lotl better and we'reg going to keep working on it. The home was neglected and in. Yeah, the home isr neglected by the previous owner. We had one tenant that's been livingt there for 13 years Sot that we can move forward. Makingt thisl home up to code and everything iti needst tob be and our ultimate. I'm: sorry to interrupt you. Ifyou're both gonna answer questions Could you: state. your name for the record,  Tax department ber received into evidence?  Dolan: Idon nota att this time  Anybody) from the Council have questions for this witness?  yous gonnar makeh happen here?  22nd century, because it'si not right now.) We would like tol bringi it up toc code.  Unintelligible comments by David Berg.  ands saidt that the previous owner didn'tdo anything for 13 years while: shel lived there.  Unintelligible comments by David Berg. please! because you' ve noty yet testified? My name isI David Berg.  Thankj you, Sin I'ms sorry,) you canj finishy your answer, ma'am.  Dolan: And the other thingi is our goali ist toi increase the property value! because youl know we paid X: amount for this property. And Ithink with us making the improvements and bringing it, updating it, think we can improve the property value. The look and curb appeal of not only this home! but the wholer neighborhood    350  because right nowi it'si itv was it was neglected. Itisa already beeni improved, but wes started ont the outside and Hargis: Yeah, so, sot there are people living there now, right? OK and. The question that I had, and Iasked George earlier because this letteri in this packet is addressed to George. But I'll ask you guys this becausel don'tl know because its says that the structure located in. Your houset there, ify you wanted to converti it to two family dwelling, you! had tol have a fire separation would be required by the by this North Carolina code. And you would have to design construction that must form tol be competent by competent draftsman and North Carolina engineer. North Carolina architect work should be performed by North Carolina license general contractor. Ifyouc converti it toat three-family dwelling, then you would! have to do even more. You would have  now we needt tog got tot thei inside. There'sal lot of work that needst tos get done.  Any otherg questions oft the applicant?  top puti in,i itl looksl likey you would have top puti in water sprinklers. Imean.  Berg: We'reg goingt tot tryt tog geti it grandfathered in. Hargis: Well,t that's not what you're! here forl Idon'tt think.  Dolan: Well, that's why we.  Dolan: But that's what we'veb beena askinga alla along: and we were told thisi isv what wel had to do. Hargis: I think you'r re here ifl I'm speaking out of turn, I don't know but I think you're here to apply for a special use permit that would be whatever conditions that thel board puts on. Different than grandfathering somethingi in. Soj justl like when' Tilghman askeda a while ago ifyou were inf favor oft this or not, Ithink that you Dolan: So, Ithinkt the conditions that arei in that lettert there are fora a new build. Newly converted and that'sl think is where we're, Ifeel like it's vague because our property is not a newly converted. So, we're not sure. Hargis: Yeah,I Ifeely your pain oni ith becausel understand. Imeani ifyoul have a,i ifyou! have aj piece of property, you know. I'm a believed as limited to the government as you can have., And Ithink that you know, people should be able to do some stuff with what they want to do within some sort of boundaries or confinement. Youl know, you show some oft these houses that are you know, that are currently, would not puta any one of them upa as prized possessions for the City ofl Dunn or something that would make people want to comel here Hargis: And Idon't think this one will either andI I think you know that you know ont the application you had Hold on, Councilman. Idon't, don't mean interrupt. you. There will be an opportunity for discussion amongst Hargis: Well, shes said she didn't! knowt that that was ont there. That's the question. Didy youl know that? Hargis: guess that'sitf for me. Ijust wantedt toj just! kind ofl lety youl know my thoughts kind ofc out there.) Just Bradham: Ihave a question too and apologize ifyou'y ve already answered this. It may bei int the packet, but youl see your address is Smithfield. Do you) have triplex that you: are doing currently in Smithfield ori is this  should think aboutt that. whyt that applies per se.  orr makel businesses, attract! businesses ora anything like that. saidt thisi isf for low-i -income housing. And well, its says. council att this point. It'sj just, doy you have a question for?  Dolan: Iagree.  Dolan:I Ididn'tp putt that. :  Dolan: Ididn't put lowi income becausel Idon't! know where that came from.  yourf first project? Dolan: thisi is ourf first multil home, Bradham: OK.  Dolan: Wel have other properties that we own, but this is our first multifamily property that wet that we own. Dolan: Itc depends on whati is required tob bringi it up to code. So, ifv we are required tol have a: sprinkler system right now, I'm beingt told that there isas shortage ofI Labor for this and that. Idon't know how long that could  Councill Member McNeil: So, this will take you, how many, years doy you think? happen. Idon't! know ifeverythings goes on! hold because, you can'tf find the tradesmen. Dolan: And alli newl homes rightr now are requiring sprinkler system. So,I don'tl knowi if.  Berg: There's like 200 int thes state rightr now.    351  McNeil: Dos you! have other options besides what you: are youd coming! here fort today? McNeil: Becausel seel how old these units are. Sot that'sl kind ofr my question.  Dolan: Ithink the only other option we would have would bet to either convert back to a single family or to  converti ittoa ac duplex.  Unintelligible comments by Berg. Otherg questions?  Dolan: I'm sorry, sot the other option would bec duplex.  Council Member Gaulden: And Ihave a question. You say your tenants were there 13 years and they're going tol have tol leave now. Doy you) plano on allowingt them toc come back wheny you finishi it, ory you said it was three families int there? So, isits somewhere like they' reg gonnal be displaced andl have to finds somewhere elset tog go? Dolan: Yeah. So, when wea acquired the property, they did notl have al lease. So, wej puti it inj place a month-to- monthl lease with them.. And: so, after speaking with George andl kind oft talking: about the amount of work that we'reg gonna need toj puti into the property. We determined that it would bei int the best scenario because you don't wannal be pulling, you know, wanna be plumbing, what people try ands sleep and whatnot. So, it would bei in our best interest and liability wise not tol have occupants. So, what we did was we gave each person a letter and we took, gave them their 30 day notice for their lease and we said that if they needed to have a reference from their landlord ast they' 'rel looking, that we would give them a reference, asl longa as they can, you know, asl long as they pay their last month like they're supposed to. And also, we told them that when it's done that, we would bei in contact with them. So right now, Unit Ai is a couple, Unit Bi is a single person and  Unit Cisan mother and son. Dolan: Yeah, OK, definitely.  Gaulden: OK. So, you'res sayingt they dol have and optiont to gol back therei ifthey want to?  Gaulden: And as my council colleagues stated, iti is onl here that it does say low-income housing, but that was Hargis: Justt to gol back just to clarify this that youf filled this outi right? Do you feel that this application andi it said on the second page. what your uses were and under two. It says the request and use is essential and desirablet tot the publico convenience: and welfare forl low-income housing. You put thati int there, right? Yes, We'll come back to him, but any other questions of the council for the applicants? And nobody here to cross examine the applicants, thank you very much. Next, we will hear from people opposing the request. Is there anyone here tos speak in opposition to the request for the special use permit? OK, this ist the final opportunity of council members to ask questions of the applicant or of Mr Adler, since there were no opponents, and we will entertain further questions from council members at this time. Once the meeting at public meeting is closed, the only questions to be posed can be for clarification. There may be no new evidence. So now is the opportunity to ask questions, final questions ofeither Mr Adler ort the applicants. Thisi is also iftherearea any conditions that the Council would desire top place upon granting the special use permit. You must ask them ofthe applicant at this time ift they would accept that as a condition as a part ofs granting the special use permit. Soj first we'll go any Mayor: Has this property had ar minimum. housingi inspection oni it since: allt this transpired?  that was my only question fors yout though. Thank you. Otherq questions oft the applicant from council?  Dolan: Did you write that? Berk looks ata application. Unintelligible comments..  further questions, Mayor. Ithinky youl had onej for Mr. Adler?  Adler: Yes  Mayor: How did that how? What weret the results oft that? Adler: Ther reports arel being written on each unit. they wouldb bep pretty extensive reporting.  Hargis:I can't hear.  Adler: The reports! have been are int thej process oft being written. Hel had: said that they would take some time, Mayor: So, another questioni if. Ifthel board doesn't, all this was generated because they were working without a permit and the city found out about that. So if this, if the action tonight and they're requesting is not approved, what! happens? To their tenants and what happens tot the property? Aret theyi in violation? Adler: The Minimum housing process would continue. And whether or not if it met a certain level of as determined by minimal housing code. Itc could be they could receive an order to repair or demolish withina a certain number ofc days. And that's what wouldp proceed. But one thingl Iguessl would) like tor mention ist that    352  we did extensive searching in our office, both paper and electronic. And we found nothing that approveda triplex. Wel looked back through microfiche ofc council minutes, whichg gol backt to 1900. And there would have gone through council to approve a triplex." That we found nothing. contacted the post office. And the three mailboxes were established in 99. So, there is no dispute that the house has been informally unpermitted, Mayor: Arey you saying that'sh being usedi illegally? Int the current use, ist that what you' 'res saying?  useda asat triplex fora ane extended period oft time.  Adler: Yeah, Iwould.  Mayor: So next question. Ifr minimum housingi is favorable to them, will they continue to be able to use the  house for threer rental units illegally? Sills: Whichr means those families have tog go.  Adler: No. No. Ifit's. Ifit'sdenied, then thet triplexi is not permitted.  Adler:Yes.  Hargis: Whenc doy you expect the minimal housingr report tol be done? Hargis: meany you'r 'ret talking months or years or what arey yout talking? Ader: No, it wouldn'tbe, it would! bev withina a month, they would! hurry upa a little bit. Maybe.  Adler: Idon'tknow.] I'd have to.) John Ganisi is working oni it, and Idon't! know. He's pretty busy and he's only  here two daysar month.  Hargis: Withint ther next month. So, ifwe woulda ask them tot tellt them wherey yous got this ont the agenda, maybe Adler: He, yes. One oft the things that Ijust wanted tol kind ofe emphasize tonight is that the discussion is ont the use rather than the building itself. That's what that was. That's an important thing and that's one of the Mayor: want to ask one more question. Where iti is to be. Ift this is approved tonight. Does that mean that then they have to meet the conditions that that they inspect? The planning department in the county has written up thatt they willl have tob bringi itu upt to code one each unit. They will have toj provide firewalls between the units. Andi ifit's more than two units, they have tol have a sprinkler system. Ifthisi is passed tonight ist that Adler: Thes sprinkler system I'mi nots sure: about, but the other rules would be, and Iwould say that the. Iwould interpret the code to say that they would need a dumpster. And I don't know the length of time that they would beg givent tol bring it upt to code to minimum) housing. I'm not, I'mi not sure exactly aboutt that. But there's both the building code and the minimum housing code. And there's the fire code, they would all apply, and  reasons whyl didn'taskl Brad Sutton to come from that! building inspector.  ther rules theyl have to come by.  they would alll have tob bea addressed. Gaulden: Canl Iasks something? Isitaq question? Gaulden: Yeah. Yeah. Gor right ahead.  Gaulden: George, if they were working without a permit and you' re waiting for the inspector's report. How are they working without aj permit? And then why is the why are we still waiting on the report from the inspector? Ifthey'r re working withouta aj permit? It seems like thei inspector should! have alreadyl had the report  inf front ofy yout today top present to council tonight. Adler: Steven) Hodges puta a stop work order ont thel house.  Gaulden: OK. Sol how didi it come about that they were working withouta aj permit but?  Adler: They were. Stephen Hodges, the code enforcement officer, driving around saw a set of stairs going up outside. Outside stairs going to the second floor and they didn't look proper. And he called the office and no permit! hadl been issued. So, he wenta and approached thema and thati initiated this whole procedure.  Gaulden: OK, thanky you. Any other questions of Mr. Adler?    353  Sills: So, the property was purchased. It was sold tot the owners as a triplex and now through your extensive research, we feel like it probably is not a triplex done properly with permits and applications and through whatever mechanism. Good old boy system. Slap on the back. They've gotar mailbox and a water meter anda a Adler: Theyl have one water meter, andt they have 36 electric boxes that the boxes come from Duke. The water Hargis: Now, when you said a while ago that you're not: sure about the sprinkler system, but that's in this Adler:I Ithinkt thati it would depend on the year oft the code. Thej year oft the code thati is applied. And Ihave to say that that's what Brad Sutton told me. Because it's possible that an earlier code could ber referred to, butI don't. But Idon'tk knowt that don't wanna muddy the waters. Ifyou were, ify you wouldi like, we could arrange itfort them to come and speak. However, the distinction is between the code, the building code, the fire code, the minimum! housing code. And then there's the use. And what we'ret talking about here with the special use Hargis: understand, butl I'm my question is what we're, if we: approve it with a special use and we put these conditions on there thent they're goingt to have tos go for or youl knowt they! have to doi it. And: so that that's the question you know that we probably should) have. I personally thinkt that we should wait to get the, the, the inspections back, seel howi it goes, see what theys say aboutt that rule, seel how that works and then talk abouti it. Maybe att the works session ort talka abouti itint the nexti meeting or whatever. That's my opinion, buty you know, Well, rightr now we'rei int the middle ofaq quasi-judicial hearing. We'rer not having a discussion and a debate anda Sills: So, what happens? Let's just say we vote against this. What happens tomorrow with these people and  power meter. Ist that correct?  meter ist the city's. And ifyoul look at Harnett Counties GIS, the: address is 309. NotABC. letter. What? Why?Why wouldt that? What woulridontundterstand that.  permiti ist the use.  what's right.  vote.. So, aret there any other questions for Mr Adler? Adler: Theys stilll havea a stop work order on thel house.  their property.  Sills: And theys still gott threef families livingi inr more than) likelyi illegalt triplex.  Adler: That's my understanding that they'rei in the process ofs so that they can do work ont the house. Because the extent oft the work ine each uniti ise enought tor makei it not possible tol live int the unit while the worki is going Sills: So, we deny this tonight, then they cant turn it from thei illegal triplex toad certified duplex.  on. But they wouldb be ablet tor makei ita duplex. Adler: That would bea a choice oft theirs. Unintelligible comments by Dolan. Yeah, I'ms sorry, ma' am, ifyou can, ifyou could up Hargis: OK. can'thear: anything anyway, sot that'sr right.  Anyo other questions, Mr Adler?Actually,) you cand ask Mr. Adlerag question, yes.  Dolan: just wanted tol know,I guess, George, in general. Ifthis. Iknow that there are certain conditions that you would like tol have ort that need tol be applied and one oft them is to bring upt the fire code, and we totally agree with that. Imean, ifit'sj justr my family living there, I'd want to makes sure that they were: safe, no doubt abouti it. So, Ihave no opposition tot that. But is it possible? Because Ithink what Brad is referring to. From what wef from what our review onlinel has foundi ist thatt thati isf for brand new buildings. And again, that's why I'ma asking whyl Ikeept tryingt to establish this as an existing triplex. Isi it possible to revert back toaj previous Berg: There's not a multipurpose family house built in 1929 that has fire sprinkler in Dunn right now, George, ifyou know the answer to that question) you can answer it That's a building code matter that ifthat's Alright Council, are there any other questions for the applicants and or are there any conditions thaty you would McNeil: Ihave a question, howi ist this actually possible ifit's not under code? How: are people living? Why are  codet thati may notr requirea as sprinkler system?  guarantees you. George: No  outside ofy your knowledgey you cannot answeri it.  like for them to consideri ifin thee eventy yous elect tog grant the special use permit?  theys stillt therei ifit'si not upt to code? Arey you asking the applicant?    354  McNeil: Iguess, ord canI Task Mr. George ori ist that? McNeil: OKI Mr. George thisi isf for you.  Well, wel had finished his question, but ifyous still have a question) for him,) you can ask himo a question.  Adler: It's my understanding that we don't have the legal authority to evict tenants unless the building's Any questions from council for the applicants or any conditions that you would like to ask the applicants to Mayor: have one final question and that willl bef for the owners oft the property that's why were you working Berg: Well, we called the City of Harnett County and they said we could do siding, and we do windows as  condemned.  consider as a parto ofyour deliberation ont the: special use permit?  there withouta aj permit with the extensive ofa amount of workt thaty you'r re doing?  we'red doinga and roofing Mayor: Where? Berg: Harnett County  Dolan: We mistakenly, we could not find information on the city of Dunn's website that was, but Harnett County has a very detailed like whent these inspections and what doesn't on their website and it was and it said thati ifyou werei installing windowsi int thes same openings, ify you were installing siding existing type orif you were installing existing type roof that you do not need a permit. So, we did not have a permit and my husband erroneously decided that he wanted to put some steps up, and that's where) he made a mistake. He shouldr notl have puts steps up, because that does require permit and that was against my judgement. Any other questions of the applicants ord any conditions that the Council wishes to ask the applicant to consider Hargis: Igota aj procedural question, andi itv would be effective what they'rel like soi if we. Ifv wet turn this down, howl long wouldi itb bei isn'tt there at time frame thatt they! have to wait to come back anda ask fors something? Yes, and don't know off the top ofr my head undert the new UDO what that time frame is. But) yes, you can't refile  asap part of considering thes special use permit?  thes same application. unlessy youl have newe evidence and material.. :  Hargis: Right within a certain period oft time.  Hargis: So, my question to you, to you would be, would you rather? Just for you and everybody can decide what they wanna do, but would your rather wait and come back? Or for us or make this decision and then put these conditions onj you becausel I'm goingt toi ifI make the motion, I'm goingt to say that you! have to do what the county says here and thati may makei itv wherey you can'tdoi it. So, ify you wouldi like to waita and see what the inspector says, the building inspector, the questions that we have about the sprinkler system that George doesn't know, those things, we can consider that int the in the future without having you. But if we turn it Dolan: Ithink what would happeni isi ify you) put those conditions on and thati is indeed. Yeah, think we could still confirm with Brad ift those are the. correct codes, and he would tell us as we're going through the permitting process what needst tob bec done. think George put thati ina as ane example of what Brad had from the current media. So, we could gol back tol Brad, and he could clarify for us what's needed. But Ithink we would like tor move forward.. And thinki ifit comes to ust that you guys say that this isat triplex and that we have to do all these things, we may have tot take legal action against the person that sold us the house because they, Now, once we closet the public hearing, there can be nof further evidence. There can be noj further questions except for clarification. You can't ask for conditions. Are there any conditions that George has already appropriately pointed out, which we can talk about when we close the public hearing, is this hearing is only about the use and it's not about the building code ort the fire code ort things of that nature? Any development is going to have to require about whatever thel law requires asi iti relates tot those items?. So aret there any conditions that) you wanna Sills: So, ist this where we would say we want a dumpster, and we want the dumpster wrapped in decorative Is suppose. you could do that. your planning director is of the opinion that the UDO already requires of that whether) your make itac condition ori not. But suppose. you could maket that ane explicit condition ifyou wantedt to  downt tonight,) you will not bea able tob bringt this back for sixi months, Iknow.  theya and their realtor knowingly sold thel housei int the conditioni itis.  Hargis: Iunderstand. Igetit.  ask thec applicant toc consider asap parto ofg granting the permiti ifyou granti it.  lattice?  ask the applicant that.    355  Mayor: would say that that by law, this letter was written by the chief code official in Harnett County to George Adler, our Planning Director, and it clearly states that the structure located at3 3091 N Wilson, formerly occupied as a single family dwelling, would require the following under the North Carolina Building Code. Andi it goes ont tos state thati ifyoud converti it toat two-family dwelling thati it would) have tol have fire: separation between each one. And it clearlys says that the law says that ify you do a triplex thati it would! have to not only have fire separation, but fire extinguishers would have to be installed. So, I don't think it'sa question of whether or noti ity would have tob be. think the law clearly says that and Ithink that that would be one of the conditions ist thati it would have tob be done tot thel North Carolinal building codes. Ist that correct?  Well, it's gonnal happen. Mayor: How doy you change that?  It's gonna have to be done to the North Carolina building code whether. you make it a condition ori not. lfyou want to make it ane explicit condition ony your consideration of approving the permit, you can. But they're going tol have to comply with the building code, whatever it requires, whether you make itac condition or not. And the firec code and the fire code and ther minimum housing code and any other codes that are applicable. This is about the use and all of that or other regulatory areas which they will have to comply with. So, are there any conditions that the council wishes to ask the applicant toc consider as a part ofyour deliberation and considering Sills: want a dumpster with decorative lattice that protects the beauty and the entirety oft the neighborhood OK, So what he's asking you is, willy you agree int the event they grant) your special use permit, that a dumpster  thes special use permit?  sot thaty you can't tellt thati it'sa dumpster.  willl be required that will bee enclosedi inc decorative lattice? Is that what?  Sills: Yes sure.  Willy you agree tot that asa a condition int thee event they grant) your permit?l'm sorry, ist that) yes?  Dolan: We can agree wel have tof figurel how toc dot that, but we can agree.  Are there any other conditions that the Council wishes to ask the applicants to consider as a part of your Hargis: I'm, I'm going to reiterate what this is, what William said a while ago and what I've been asking earlier about the, the chief code officialf for Harnett County fori inspector that these conditions be puti in there sot that everybody understands that's what, that's what they got to do. Iknowt that they're building code, but So, SOC arey you askingt them to agreet toac condition that they have to comply with the building code? Hargis: Yes. And one oft those and one oft that isl laid outi in this letter about the firewalls and that kind oft thing So, so they're asking ifyou will agree to a condition that as a part of granting the special use permit that the redevelopment oft the property will comply with alll building) fire, ord other regulatory codes. Willy you agree to that  deliberation on thes special use permit?  they're.  andt that'sf for thes safety oft the people there. Dolan: We: agreet toa any fire codes, we agreet tot that.  condition? Dolan: Yes Hargis: So, fire sprinklers? Dolan: Ifthat's what the code requires. time, Mle entertain ai motion to close the hearing  Are there any other conditions that the Council wishes to ask the applicants to consider? Hearing none at this Motion by Bradham, second by Gaulden. Is there any discussion? Those in favor signify by saying aye. Any Bradham: Tilghman, I'mj just curious, ist this, ist this the: same setup where you: ask us a series of questions, yes Yes.. So, ifyout turn to the third page ofy your agenda, tab 15, you will see that there are six criteria that the UDO requires thaty your must determine are satisfied. Ifany one of thoses six arer nots satisfied, then the permit is denied. Ifall's six are satisfied and we're going to have an individual vote on each one of them. Then the permit is approved, but we will have a wrap up motion that you will be able to include your conditions as a part of  opposed? Motion carries. orr no? Ori ist this different?  We'reo outo oft the hearing andy you' 're now ani item for decision under tab 15.  granting the permit OK.    356  Bradham: So, explain tor me because thisi isal little trickyi in my opinion. So, this first onet that they use will not materiallye endanger the publicl health ors safety ifl located wherei it proposed: so. If,t thea answer tot that question Yeah, ifuse will not materially endanger the public) health ors safety. Now thati is the proposed use, that's not the condition that the property is in now. So, ifyou determine that ity will not materially endanger the public health ors safety as a triplex, theny you vote that that condition has been satisfied. Ifyou think iti will endanger the public So, we're gonna start with that one. So, is there a motion for or against whether or not the criteria #1 is satisfied. Ands state as a parto of the motion whyi it will not materially endanger the public health or safety orv why And ify your motion isi ity will not materially endanger the public health ors safety and) you just wish to adopt the reasonings statedi int the package, you could do that as well, because that's been received ine evidence. And as part Mayor: Hey I'm the Mayor and Tilghman's running the meeting. But yeah, I mean you guys got to make a  isy yes.1 Then that means that wei it's OKo ora aml Ibackwards?  healtho ors safetyi iflocatedi where proposed,) you would vote against that.  Bradham: Yes or no. OK.  itwould materially endanger the public health ors safety.  oft ther record.  decision. Imean we'v ve gots six oft these to decide on. Hargis: Soi individually get started. Yeah, one atat time.  Sills: So,I thinkI Idon't want tos speak for anyone else buti inc conversations, itf feels like ifthis was a gold plated, 21st century, modern build, good to gos situation, then the use of the land is what we're. So, we need tot take awayt the, the, mean, let's face it, dilapidated property: structure andj justl look at the use oft thel land? Well, no, because ifd as Mr. Adler pointed out, ifit was, ifit was just dirt and they wanted to put a triplex there, it would require rezoning and a different special use permit. This is specific to redeveloping a single-family residence into a triplex. So, there's the proposed use to take a single- family residence and turni it into a triplex.  Sills: That particular wooden: structure? Yes, that particular family residence ont that particular lot. we deny #1 becausei iti isr not upt toc code. Bradham second.  Sills: Look, I'm no contractor or buildingi inspector, but I'm also not thei idiot and this thing justl looks bad andI would not want tol live ini it, andI would not want my family living in. So, I'm gonna vote. I'm gonnar move that With motion and a second, is there any discussion on the motion?. Does everybody understand the motion?. AIL those inf favorc oft the motion: signify bys saying aye. Motion carries SO criteria number one has not been satisfied. Criteria #2, that the use meets all required standards of this ordinance. Is there a motion that criteria #2 has Sills: Iwould: say that this does meet for this particular number too. So, move to approve #2 as stated in the packet. Have a motion? Is there a second? McNeil second. Have a motion and a second. Is there any discussion? Number. 3, that the use will not substantially injure the value ofo adjoining or abutting property. Is there a motion Sills: Again, I'mi no realtor builder, butj just driving down the street: and looking around andj justf feell like thisi is thisi isr not the property, att this point. This is not the propertyt that would again want for this part oft town or my family to live in. So, I'm gonna say that this will substantially injure the value of adjoining or abutting properties. Ist that int thej form ofar motion? So moved, that's the motion. Ist thereas second? Hargis second. Bradham: And Illj justs sayi its seems to mel like from our discussions a lot of ambiguity about what's been met Wel have a motion and a second that criteria #3 that the use will: substantially injure the value of adjoining or abutting property. Is there any discussion on the motion? All those inj favor signify by saying aye, aye. Any Criteria #4. Adequate utilities, access, roads drainage, sanitation, and other facilities have been or are being  beens satisfied?  Allt those inf favor signify bys saying aye. Criteria #2i iss satisfied.  that criteria eitheri is ori is nots satisfied?  wasi notr meta andt there's nor reports Imean. So, Iwould: agree with that.  opposed motion carries.  provided. Ist thered ai motion that criteria fori is satisfied? Hargis: Imakea a motiont that thati isa adequate. Ihave a motion. Is thered asecond ont the motion?    357  Hargis: So,) youl have adequate sewage drainage and allt that. They don't. mayl make the motion that they do theyl mean they gott trash pick up there and they got utilities are provided and they got access tor roads and There'sar motion that criteria #41 has beens satisfied. Ist there as second? McNeils seconded. Discussion? Yes, Sir. Mayor: Toj just bring up the question that. Are there really adequate utilities provided there ift there's one water meter and the city is getting paidf for threes separate residents tol live ato one house? With one water and Well, no. Ithink this criterias simply means that) you have water and: sewer available to the property. Whether it's properly being billed and metered and all oft thati is not a special use consideration. It's just, does itl have power. Does it have water? Does it have sewer? Which it does. So, there's a motion and a second that criteria #4 has beens satisfied. Ist there any further discussion? Motion carries with. Sills and Bradham opposed. Item number. 5. Criteria is the establishment oft the proposed use will not impede the orderly development and improvement of surrounding property. Is there a motion that that criteria has either been satisfied or not McNeil: Motion that it has notl been satisfied #5. Bradham second. Any further discussion on the motion is that the establishment of the proposed use will impede the orderly development and improvement of surrounding property. Any further discussion on that motion?. All those inj favor signify by saying aye. Any opposed motion Thej final criteriai ist the requested use will bei in conformity with the city's adopted comprehensive plans. Ist there Sills: So, for clarification point of orderi is3to2 2. Three no 2y yeses. So, did the nos carry? So, wouldt that make Numbers sixi isas separate criteria. When we. I'm sorry, Imight, maybe Idon't understand the question.  allt that. Imake ar motion that thati is OK.  sewer bill.  Hargis: Ididn'tr realize they were.  satisfied? carries.  an motion about criteria number: six has been: satisfied?  number: sixa a no?  Sills: So,i isr number sixa as summation of what all we'r rej just doing? Thato does not mean that one through. 5havel been: satisfied. Sills: So, isat triplexi in conformity with the comprehensive plan?  Nor numbers six isj just whether ori not the proposed use isi in conformity with the comprehensive plans oft the city.  Thel land use plan?) Yes.  Sills: Well, Ithink, In mean,I Iwould: sayl I move thati itd does conform even thoughl Idon'treally like. There was a motion, that criteria number: sixl has been satisfied that the use does conform with the city'sadopted comprehensive) plans. Is therea a second? Motion dies) for lack ofas second. Ist thered a motion that the requested use Hargis: Well, Imake: a motion thati ito doesn't, because iti isn't part oft theg gateway, that's part oft the, Imeani it's as ag gateway, that's what this says. Certainly, isr not the firstt thingt thatl would want a visitor from Dunn tos see So, motion that the use is not in conformity with the city's adopted comprehensive plans. Is there a second? McNeil second. Motion ands second. Is there any discussion?. All those inj favor of the motion. signify by saying aye, OK, So you' ve been through the six criteria, and you have determined that four out of the six have not been satisfied. So, at this time it would be appropriate to entertain a motion to deny SUP-01-24 as a special use on parcel pin 1516-78-0032.000 as presented based onj four of the six criteria having not been satisfied. Sills motion and second by Gaulden. Motion and second. Is there any further discussion?. All those inj favor signify by saying  will not bei inc conformity with the city's adopted comprehensive, plans?  whent they came here.  any opposed?. Sills opposed. OK, passes 4toc one.  aye, any opposed? Motion carries. Evidence) has been filedi with the City Clerk.  Mayor askedf for a quicki report ont ther minimum! housings standards ont this property. CZ-03-231 Mixed Use Conditional Zoning for parcel on Susan Tart Road March meeting soi ifyoul have any request or questions for him. meeting. Motion unanimously approved.  The applicant, Ben Stout, is out of the Country on a scheduled vacation and has asked to continue until the Motion by Mayor Pro Tem Sills and second by Council Member Hargis to table until the March Regular    358  Acceptance of Juniper Creek Stormwater Planning! Frant SRP-SW-ARP-0098  City Manager Neuschafer presented Offer and Acceptance from the NCI Department of Environmental Quality Division of Water Infrastructure for LASII ARPAf funds designated for the Juniper Creek Stormwater Planning The ARPA grant funding will cover 100% ofe eligibles stormwater study, design, or plan costs from the SL2021- Motion by Mayor Pro Tem Sills and second by Council Member Gaulden to adopt the resolution making the applicable assurances contained therein: and accepting the LASII ARPA Funding offer of $400,000 for Juniper Creek Stormwater Planning. Motion unanimously approved. A copy of the Resolution (R2024-08) is City Manager Neuschafer presented an engineering service agreement to update the prior design, plans, permits, and specifications needed to rebid the 500,000-gallon elevated water storage tank project for construction. Thet timeline oft the projecti is 12t to 161 months to completion. The land (Arrowhead Rdi near the railroad tracks)i isa already under the ownership oft the City ofl Dunn. Thej project was designed andl bidi in 2013, the City chose not to proceed with the project. This agreement will update information on work that was already done for this location. The cost is $30,300 to update to current standards and prepare bid Motion by Mayor Pro Tem Sills and second by Council Member Bradham to authorize City Manager Neuschafer to enter an engineering agreement with Davis Martin Powell for updates for US301 S Elevated Annexation! Petition - Non-Contiguousl NC55E- Rooms To Gol Distribution Company LLC City Manager Neuschafer presented a petition requesting the voluntary non-contiguous annexation of property located at NC55 E, PIN #1526-45-4121.000, already owned by Rooms To Go for expansion. This petition wasi received under Part 4ofArticle 4A of Chapter 160A oft the General Statutes. Motion by Council Member Hargis and second by Mayor Pro' Tem Sills to adopt the Resolution Directing the City Clerk tol Investigate the Voluntary Annexation Petition ANX-01-24 as presented. Motion unanimously approved. A copy oft the Resolution (R2024-09) isi incorporated: into these minutes as Attachment #10. City Manager Neuschafer shared that the revised schedule is being presented as Council discussed at the Motion by Council Member Bradham and second by Council Member Gaulden to adopt the Revised 2024 Regular Meeting Schedule for the Dunn City Council as presented. Motion unanimously approved. A copy City Manager Neuschafer shared information from retreat and that staff will develop proposed goals by the Finance Director McNallan provided the followingf financial report for the period ending) January 31,2024: The City has $11,839,455 cash, compared to $14,260,125 last year. The decrease is primarily due to Water and Sewer Revenues for the month were $620,007 with total collected year to-date at $4,166,852 Property" Taxes collected for December: are $1,739,071, compared to $1,670,567 last year. Sales" Taxi receipts were $293,433, $46,9601 more than last year, with total collected to-date of$1,174,671 Utilities Sales Taxes received for the year are $194,989, compared to $185,812 lasty year. Building Permit Fees collected total $93,780 or 59% of! budget compared to total collected last year of General Fund expenditures for month are $826,119, with total expensed to-date at $7,332,575 or 53.4% ofB Budget, compared to $6,924,853in2 2023. Revenues to-date: are $7,614,429 or 55.5% of! budget. Water and Sewer fund expenditures for the month are $523,970, with total expenses to-date at $3,610,178, or 33.4% of budget, compared to $3,547,834 last year. Revenues to-date are $4,432,389 or Stormwater fund expenditures for ther month were $1,510, with total expenses to-date of$222,437,or Reports were also received asf follows: Planning: and Inspections Report, Public Works Report, Public Utilities  Grant. Project SRP-SW-ARP-00981 for PearsallSt.  180a appropriation. The City! has been approved fora a fundinga award of $400,000.  incorporated: into these minutes as Attachment #9. Highway: 301S Elevated" Tank Engineering Services Proposal  documents.  Tank design and bid documents. Motion unanimously approved.  Adopt Revised! Schedule of2 2024 Councill Meetings retreat toi incorporate work sessions.  ofthe! Resolution (R2024-10) is incorporated. into these minutes as attachment #11.  Administrative Reports next meeting.  unreimbursed, grant/loan proceeds for capital water and sewer projects. or5 52.1% ofb budget, comparedt to $3,984,195 inz 2023.  or 38% oft budget. $82,363.  41.1%0 ofb budget.  52.2% oft budget. Revenues to-date are $288,027 or6 67.6% oft the budget. Thel benchmarki fort this periodi is 58.3% oft thel budget. McNallan: also updated on debts service: andl liens and assessments. Report, Parks and Recreation Report andl Policel Report. Mayor Elmore: announcedi upcoming events and activities.  Announcements/Information    359  Withr nof further business to discuss, Mayor Elmore adjourned the meeting at 8:55 p.m. with no objections.  Attest:  CA  CORPORATE TH  Chmmypldtonil SEAL  Talhmy) Willamg/MCNCMC  City Clerk