298  Dunn City Council Regular Meeting Tuesday, May 9,2023 6:30 p.m., Dunn Municipal Building  Minutes  PRESENT: Mayor William P. Elmore Jr., Mayor Pro Tem Dr. David L. Bradham, Council Members J. Also present: City Manager. Steven Neuschafer, Assistant City Manager Mathew Boone, Finance Director Cary McNallan, Public Utilities Director Heather Adams, Chief of Police Cary Jackson, Planning Director George Adler; Parks and Recreation Director Brian McNeill, Human Resources Director Connie Jernigan, Downtown Director Amber Groves, Administrative. Support Specialist IIL Debra Creighton, City Attorney Tilghman Pope, and City Clerk Mayor Elmore opened the meeting at 6:30 p.m. Rev. Randy Hill, Pastor of Gospel Tabernacle Church gave the invocation and afterwards, led in the Pledge of Allegiance. Mayor Elmore thanked Pastor Hill for hosting the Motion by Council Member Turnage and second by Council Member Gaulden to adopt the May 9, 2023 meeting agenda as presented with the following addition: Purchase of Real Property. Motion unanimously  Wesley Sills, AprilGaulden,' Frankl McLean, Billy N.Tart, and ChuckTurnage.  Tammy Williams.  CALLTO ORDER. ANDI INVOCATION Mayor's Prayer Breakfast this year. AGENDA. ADJUSTMENT AND APPROVAL  approved. PRESENTATIONS  Dunn! Middle Schooll Basketball Champions PUBLICO COMMENTPERIOD Comment period was closed. CONSENTITEMS  Mayor Elmore recognized Dunn Middle School Basketball coaches and team for being Undefeated Conference Champions. Acopy oft the Proclamation, (P2023-07) is incorporated: into these minutes as Attachment #1. The Public Comment Period was opened by Mayor Elmore at 6.46 p.m. Having no comments, the Public  Minutes oft thel March 27, 2023 City Council Meeting. incorporatedi into these minutes as Attachment #3. ITEMSI FORI DISCUSSION. AND/ORI DECISION comments int this matter are alli ini italics.  General Fund Budget Amendment. A copy of Budget Amendment (BA2023-15) is incorporated into these Resolution - Conveyance of Personal Property to Dunn PAL. A copy of the Resolution (R2023-11) is Motion! by Council Member Sills and: second by Council Member McLean toa approve all consent items. Motion  minutes asA Attachment #2. unanimously approved.  SUP-01-23 Special Use Permit for Banquet Hall/Event Venue at 1231 Railroad Avenue Mayor Elmore called on the City Attorney to conduct the Public Hearing at 6:47 p.m. City Attorney Pope's The Public Hearing ont this matter is now open. The next matter is Case #SUP-01-23, a request by Byron Ferrell (Applicant) ford a. Special Use Permit toc allow fora Venue/Banquet Hall on an existing. .16-acre parcel PIN being 1516-67-1086.000 located at 123 South Railroad Avenue. The property is zoned C-1, Central Commercial District. The hearing on this matter isj judicial inr nature and will be conducted. in accordance with special due At this time, all persons wishing to testify, ifyou will, please approach the podium to bes sworn in or give) your Planning Director Adler and Applicant, Byron Ferrell were both sworn in. Thank you very much. You may In this hearing, we will first hear from Planning Director George Adler, then from the applicant and his witnesses, and then from any opponents to the request. Parties may cross-examine witnesses after a witness testifies ify you have standing, which we can discuss ift that becomes an issue. If you want the Council to see written evidence, such as reports, maps, or exhibits, then the witness who is most familiar with the exhibit or evidence should bet the one to present it. We cannot accept any reports from persons who are not here to testify. So with that background, we are opening a Public Hearing on Case #SUP-01-23 Special Use Permit Application  process safeguards. affirmation.  returnt toy yours seat ors sit ont thej frontr row, whatever is more convenient.  Ido nots see any Attorneys present for any party, sot that is inapplicable. and wei will receive testimony from thel Planning Director.    299  Planning Director Adler: Thank You Tilghman. I'd like to start by saying this Special Use Request was received by Planning before the April 11 vote oft the Council on the UDO, so the applicable code willl bet the old code and that's what willl be referenced. This will be the last Special Use Request processed the old way. The UDO! has all Special Usel Request comings straightt to the Councili rather than stopping off att the Planning Board to avoid any potential ex parte communication issues. Having said that I would like to ask that all the Adler: To granta a Special Use Request code requires that five conditions ber met.' The first ist the use requested isl listed among the conditional uses in the zoning district. 123 South Railroad is approximately 4300 square feet ins size, built in 1920. The Fire Marshall has determined the space able to accommodate approximately 200 persons. Itisi int the C-1 Central Commercial: Zoning District." "Banquet hall ande event venue" isl listed asa The second item is the requested use is essential or desirable to the public convenience or welfare. The requested use of banquet hall and event venue is a desirable use and would provide additional venue space The third item is the requested use will not impair the integrity or character ofs surrounding or adjoining districts, nor be detrimental tot the health, morals, and welfare. An event venue, at this location, would not be detrimental tot thel health, morals, or welfare oft the community. Thel Land Use Plani identifies the downtown: as being" characterized bya a sensitive blending of preserved andi renovated older structures" and allows a mix of uses. The downtown is pedestrian-friendly and attracts regional and local users. This use would support Number four, the requested use willl bei in conformity with the land development plan. The Future Land Use Mapi identifies 123 South Railroad as beingi in thel Downtown Character Area. (Take al look at Attachment 4)It isu up on the screen. Downtown isi intended to allow a mix of various uses. Most recently is was used as a Co- working space. To uses such as structure: as ane event venue would conform with the Future Land Use Plan and Number five, adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or are being provided. All Public Utilities are available ont the site. Thej parcel fronts on South Railroad Avenue. Therei is public access tot ther rear oft the structure via the alley behind it. There are pictures and attachments Regarding parking generally, South Railroad Avenue is a one-way heading north with on-street parking on the east side of the: street. There is alley access to the rear of the building with open space on the parcel for loading and unloading. Off-street parking is not a requirement int the C-1 District per section 22-341 (2)(B).I have additional evidence that Iwould like tos submit tot the record. An analysis of available public parking Int the 9-block area there are two public parking lots with at total ofa approximately 95 spaces. Counting both sides ofe each street within that area are approximately 245 on-street spaces. So the total number, both on- streeta and off-street) public parking spaces within that 9-block area, is 340. Ifyoul have any questions for me,I willl bel happy to answer them and the applicant is also here toa address the different types of events the site Prior to questions from the Council, is there any person here withstanding that has any questions for the Planning Director?, Hearing none, at this time ity would be appropriate for any questions that Council may have Council Member Turnage: Ihave a few] points one each one oft the conditions. Bottom line upf front wel have two venue or banquet locations in the central commercial district. With two within a mile of the applicants location of 123 SI Railroad St. I've askedt the Downtown Director and Downtown Development Corporation to be cognizancei int thef future with the planning board, of course nowi itis coming directly tot the council, but to know when these type of businesses ora any type of business will come before us SO we can get a feeling from the Downtown Development Corporation their pros and cons, and whether they are opposed toi it or support it.That's condition one. Condition two is the venue is desirable! however, as int thei first condition, we already have four venues and we should bel looking for marketable, sustainable, day to day business that generates steadyj job opportunities and sales revenue. Condition number three whether the venue is not detrimental to health welfare and morale oft thel local business, the central commercial district, remains tol bes seen. There are only opponents oft the venue att thej planning! board meeting, no mention ofa adjacent business owner's support fort the venue. Thati is whyI Ihave asked for the Downtown Director and the Downtown Development groupt to be more involved the next time. Regarding condition number four, there isac difference, ist there a difference and I guess this is to you George, is there a difference in the downtown character area and the central commercial district? The downtown character is not referenced in attachment four oft the packet unless itis Adler: It's possible that it is from the Future Land Use Map and the future land use plan doesn't show  materials int thec council packets related to the casel bei includedi int the record.  Those arer received ine evidence.  Special Usei int the C-1 district ats Section 22-461(6)(m) int thea applicable city code.  downtown.  theseg goals.  Map.  1,2, and3.  withina a 9-block area bounded by Edgerton, Clinton, Divine, and Fayetteville.  Sor received, ifyous will distributei it to the Council please.  woulda anticipate holding. for Mr. Adler:.  something newt tot the UDO.  geography byz zoning. Its showsi itb by character: area.    300  Turnage: Ok, but so the downtown character that's the red one downtown character area, ok alright, I understand. Ithought that might be the thing with the UDO or new land use plan. Number five now for the parking situation, if approved that will be ani issue if not understood by the applicant or onsite manager, surrounding businesses, citys staff that get questioned and Dunn Police Department that will ultimately have to enforce this area when, if they have events there. I can count maybe two spaces on the one-way South Railroad Street directly in front oft the venue and 2-3 parking spaces int the one-way alley in the rear of the building. Please explain the authorized parking or maybe the applicant can explain the authorized parking situation, if approved, the recommended 200 people attending as an example and would that being a potentially hundred cars int that area and where would the handicap accessible parking be? Sot those are my We can: save that last question for the applicant, he will ber next, at this time this is) your opportunity to ask Mr: Council Member Tart: I have one question on the parking that youl had listed. Now that is if every parking space and no one else in the city is parked out on the streets, the other businesses. Were there any data showing how many parking spaces are available during say 12:00 or 5:00 on a normal day in the City of Adler: To my knowledge there is not, but Iwould imagine thati it would vary from day to day, even from hour tol hour. And Ididt thel best could in counting the spaces but many oft them, the striping has worn away. Soi it Tart: know one of the maini issues that wel have is parking and the business beside it, they had issues there andt they went out and purchased: some extral land and put their employees in that because the parking is sO congested all during the day. People parking on the right of way, people can't get by and this has been a problem theree especially beingi it's on Railroad Ave andi it comes outt toao one-way street withl limited parking. Council Member Gaulden: So George, the parking issue like any other downtown, a business is downtown, people walk tot the venue: spot.I see weret the concern isa about the parking buti itis downtown. Ifyoug got toany other city, you walk downtown, sol wouldn't think that you could expect the parking tol ber right inf front ofa facility, when iti is a downtown adjacent building. So am sure that you all went over that att the Planning Boardi meeting. That could be ani issue but I'm sure the Dunn Police Department can handle ifa anyone parks illegally. Having four venues ifit was five more, there's like ten banks inl Dunn and thirty churches so that shouldn't matter, but my thingi ist that I'ms sure you: already went through all of this for us to get this far. That's Council Member Sills: George help me remember where Railroad crosses Cumberland is there a crosswalk  questions or comments for you or fort the applicant. Adler ifyou) have questions ofh him.  Dunn? wasa ane estimate.  Anyone else have questions for Mr. Adler?  alll Ihavet tos say. there?  Are there any questions for Mr. Adler?  Adler: Doy your mean cana aj pedestrian cross? Sills: Yes, ist thereacrosswalk? Adler: Not there's not. Adler: Ibelieve therei is. Ifapplicant will please come forward?  Sills: Ist thereacrosswalk where Wilson crosses Cumberland?  Anyo other questions for Mr. Adler? Hearing none, we will now here from the applicant and other proponents. Byron Ferrell, Applicant: Good evening Mayor and members of the board. Give you just a little bit about myself. My name is Byron! Ferrell.. Another fulltimej jobo outside ofr my other full time jobi is, I'ma aj photographer. Sol have seen my business expand so right now Ido a lot of business int the Wake County area and whyI chose Dunn was because this is home to me. And I got a lot of business here and I wanted to expand my business and part oft that is getting a venue, where when my clients come ins such as people that's getting married or people that's having babies ort things oft that nature, that could be a one-stop shop to my business where they can have their events at my place. Soi it's just aj part of an expansion of my business. The reason Thank, you sir. First ist there anybody here withstanding that has any questions of the applicant? Hearing none Turnage: Mr. Ferrell dos you plan tol have ai fulltime employee there, you know during the week whiles you're  why Iam considering Dunn tob bet thel home of Byron! Ferrell Photography. ands seeing none, any questions) from the councilf for the applicant?  nott there orj just wheny you! have events?  Ferrell: Yes, nota at ther moment willl Ihaveaf fulltime, justo one ona and on-call basis.    301 Turnage: Ok.  Sills: So Mr. Ferrell, your business model is you'll take the couple or the kid or whoever's pictures at the facility and thent they willl leave. Ifthey want tol haves some more friends over or have ane event theny you can do Ferrell: Soj part oft the venue is also for me to usei it as aj photography studio as well outside of me havinga a venue event there." The model isl like this, dot take pictures ofa couple that's getting married they'rel looking for, they're asking me questions on what venues tol have their reception or bridal showers ors something like Sills: Ist there restrooms? I've actually never been int the building SO excuse my ignorance. Ist there restrooms Sills: So 5:00 at night are there going to be al big party or 10:30 in the morning you're going to be taking Ferrell: That's tot the discretion oft the client cause if they need an event at 5:00 in the evening, 8:00 int the evening, we'llg gol by the guidelines oft the city, but whatever time theyi inquire on, is what time they willl bei in Sills: Didn't we buy some no parking signs and put in front oft the Carolina Therapy? Didn't we do that? I Mayor Elmore: Ithink: ato onet time parking was allowed on each side oft the street along the railroad track and inf front oft thel building, but council: several months ago, maybe last year closedt thej parking alongt the railroad track becausei it was causinga a situation that emergency vehicles could not pass through with parking on both Mayor Pro Tem Bradham: I think you just answered this question with Councilman Sills. So, it's not necessarilya a 9to5 51 type situation. It's just when your clients need a service. It could be weekends, could be Turnage: So doy youd ownt the building now: and you! had the workspace area pop up workspace type of thing?  italli int thats squaref footage oft the 200 people. that, Ican offer those services as well. andl kitchenette iny your facility forf food? pictures ofr new born babies. Isita any... there. SoIreally can't give ane exact time. thought we were goingt to.  Ferrell: Nof food. Itc does havet the restroom; justa a refrigerator, sink, stuffl like that, that'sit.  sides. Idon't! knowi ift they put noj parkings signs up! but we did: stop parking ont that side.  Turnage: That'sright.  the week, whenever thati it,i ist thati right?  Ferrell: Yes sure.  Ferrell: Idon'to own thel building, I'm leasing the building. Turnage: Ok you'r rel leasingt the buildingf for that ok. Other questions from Council for the applicant? Sills: How longi is yourl lease? Ferrell: It'sat two- yearl lease right now.  Turnage: The thing ofi itis, ifwec changei itt toas special usei its stays with the! building.  Sills: Permanent; yes.  Other questions for the applicant? Thanky you: sir. We will now hear from people opposing the request. None were sworn ine earlier, ifthere are any opponents ifyou will comej forward to bes sworn. Hearing none and: seeing none, Council members, we will now entertain any, further questions that you might have for the applicant, for Mr: Adler or any opponents none of which has spoken at this time. Once the public hearing is closed, the only questions that) you may pose will be for clarification purposes only. You cannot receive any new evidence after Additionally, any conditions that you would like to place upon the use of the land by the applicant must be agreed to by the applicant. So if there are conditions that you wish for the applicant to consider now is the appropriate time top present them and ask him ifhe would accept that as a condition and ifhei ist not interestedi in accepting that condition then you cannot impose it as a part of approval of the special use permit. Soj first let's start, are there any further questions that anybody on council has for Mr. Adler or Mr. Ferrell? No further questions, then are there any conditions that any member of the council wishes to ask the applicant to consider Sills: Can we askt that only, x number ofp people uset the facility during certain hours, toc cut down ont traffica and  the close oft thel Public Hearing.  asap partofany potentiald approval oft thes special use permit?  things like that on Railroad Street?    302  You can request such a condition I'mi nots sure how) you are going to quantify it. But) you can request that, ifthe applicant is willing to consider it. But I'm not sure how. you are going to determine the number of people or Turnage: For instance, Frank have you gotten any feedback from the folks onj your board about opposing or Gaulden: Andl Iwas going to adde even though yous saidi it'si in Frank's ward. It's int the City ofl Dunns soIt thinki if someone is wanting tol bring something to Dunn from Wake County and bring another business It think we should give the opportunity especially if he went through the proper protocol. He has done everything to meet the requirements. Ifit's anyi issues with his neighboring partner, I'm sure like any other neighbor you should bea able tot talk toy your neighbor in regarding parking. Thel Police Department is here. Chief Cary doesa greatj job with assisting with that soI don't see why its should bet that much of ani issue. You can't tell, you're not able to tell whether or not business hours for al business. I'mj just ont the other side oft the Railroad track withi myf fulltime joba and: soy your never cant tell. We don't! have enough parking spaces but there's other parking for them tou use. SoIj just thinkt that wer need to. Hel has everything here and youl have to give people a chance tob bring, you want) Dunn tog grow, but you can't control and just! knock them out of thej park and notg give them Are there any conditions that any member of the council wishes to ask the applicant to consider for potential approval of the special use permit? Hearing none Mr: Mayor at this time, it will be appropriate to entertain a Motion by Council Member Tart and second by Council Member McLean to close the Public Hearing. Motion So Mr. Mayor, at this time the public hearing is closed noj further evidence may be introduced or considered by the council inz making, your decision. There are five findings that you must make in order to approve the special use permit andi it would ber my recommendation that) you take them one ata time, debate them one atat time and vote ont them one atat time and then in thee event that allj five pass, then there would be ani inclusive motion att the I'di beg glad to, so the first required condition, and this is inj your agenda package a couple of pages back ifitis helpful to turn to, iti is that the use requested is listed among the conditional uses int the district for which the application is made. Which it does appear to be, so it would bec appropriate for someone to make a motion that Motion by Council Member Sills and second by Council Member Gaulden that condition one is satisfied. The second is that the requested use is essential or desirable to the public convenience or welfare. Motion by Council Member Sills and second by Council Member Gaulden toa approve condition two, the requested use is essential or desirablet tot thej public convenience or welfare. Motion unanimously approved. The third condition is that the requested use will not impair the integrity or character of the surrounding or Motion by Council Member Gaulden and second by Council Member McLean to approve the requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental tot the Thej fourth condition ist that the requested use willl bei in conformity with the land development plan, which ist the futurel land use map. Motion by Council Member Sills and second by Council Member Gaulden that condition And thej fifth condition ist that adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been ord are being provided. Motion! by Council Member Gaulden and second by Council Member McLean toa approve that adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been ora are being provided. Vote Split Council Members Sills, Gaulden and McLean int the affirmative and Council Mayor Elmore repeated condition and stated" "in case ofat tie the mayor votes and Ivotei int the: affirmative: sO Motion approved with Council Members Bradham, Tart and Turnage opposed and Mayor Elmore, So all five conditions have been) found in the affirmative. Itv will bec appropriate to entertain a motion to approve  which! hours it willa apply to and things oft thati nature.  supporting it?  a chance soI Isay givel him a chance. motion to closet the Public Hearing. unanimously: approved. Mayor: Thanky you Tilghman.  end toc approve thes special use permit.  Mayor: Tilghman, Iwould aski ifyouy would, ifyou would) handle these items for usa as well. condition number onei iss satisfied! basedu uponi it being listed among the conditions.  Motion unanimously approved.  adjoining districts, nork be detrimental to the health, morals, or welfare. health, morals, or welfare. Motion unanimously approved. four bea approved. Motion unanimously approved.  Members Bradham, Tart and' Turnage opposed.  the motion carries."  Council Members Sills, Gaulden andI McLeani int the affirmative.  thes special use permit application.    303  Motion by Council Member Gaulden and second by Council Member McLean to approve SUP-01-23 permit 123 South Railroad. Avenue, PIN being 1516-67-1086.000: zoned C-1, Central Commercial District, toi include Tart: Mr. Mayor, thinki it willl bet finet tol have: aj photographer ont that street with parking! but when wel look at 200 people with 100 parkings spaces duringt the day. That is one of our main issues today is no one can find parkings spots even during the day. Allt thel lots are full, there's other businesses in town and they need public parking. Ifa an event comes on during the day. There's just not enough parking to have a venue at any time Gaulden: justy want to.1 guess we areg going to go back and forth on this parking thing. As he stated, he hasa full time job. It's like anything elsei it's other event spaces int the City of Dunn. Other businesses int the City of Dunn that are on corner lots and soi ifhel has a full time job, those spaces are not occupied. If something is downtown there's no parking people are all walking from the shrine center so I mean. I don't think that should be the biggest issue, is parking and where it's located. I mean it's a business coming to the City of Dunn. He could had went anywhere elsel but whatever, haves spoken, that'sa allIhave tos say. Tart: My question tot that, ist that duringt the day all the city parking lots are full. The businesses downtown, theire employees parkt theres SOV wheny yous say walk where are yous speaking off for them tob bej parked at? Gaulden: Wherever they can find to park, Imeant that's what. Ify you go to any other municipality, any other city, you are going to walk to wherey youl have to go. Sol Idon'tt think that because the parking lot is full you Gaulden: I'm sure he can figure that out. That's part of what George can figure out with him. And your never Turnage: The question I've goti is bringing businesses to downtown that arel bringing people tot the downtown  Event Venue/Banquet Halla asa a Special Use. Mayor: Any discussion: amongt the board?  duringt the day.  should: stop, Imeant that shouldb bea a majori issue. Ijusto don'tt think: SO. Turnage: Where's thel handicap people goingt top park?  know...  area ona daily basis. This is wea alreadys got..  Gaulden: Sot thati means you: are putting restrictions onj people. Turnage: Nol I'mi not! putting any restrictions on anyone.  Gaulden: Yes iti is putting restrictions. Once you put restrictions on someone: you're putting a restriction on this place and Idon'tt think that's fair and secondly, you'res saying other venues there's two bars right across thes street from each other sol let's be fair abouti it. Let'sb be reala about ita and again Ihaves spoken and that's alll have tos say aboutt that. I'm not going to argue about parking because ifs someone has to get there you never know, they might want photography here but go to the other venues for something else. So don't knock something untily you tryi it.I Ihavel hade enough with things beings shut down! because of people's way oft thinking andi it's overdue for youa allt tor make change inp puttinga a limit onp people and againl haves spoken. Bradham: Mr. Mayor Iwillj just say that I'm a small business owner and congratulations on your business. I thinky you will do well. Ithinkt the whole issue oft the parking is not a figment oft the imagination. Ihave had several constituents concerned about it and Ij just want you to be cognizant oft that. Iknow you will be. And youl knows sot that ist the only concernl have. It's nota about thel business. Asa a small business owner,I wishy you luck with whaty you're doing. Justl know thati iss something that people have had some concerns about andj just bea aware oft that. Othert than that Ihave no problem with any small! business owner doing what they need to McLean: Well the only thingl Iam going to say since I have been silent is that ify you got to pick every little thing that aj person has toe encounter then tor met that's not good because nothing comes perfect. There's going tob bes somethingi insufficient Idon't carel how well you doi it. Sol I'mj justt trying not tos say nothing.  Applause form audience.  dotol bes successful.  Gaulden: Speak up. Mayor: Any further comments?  Sills: Mr. Ferrell Iwish you the best. IV went tos school with your wife. She's a great person. I'm sure you'rea great person although Idon't! know you very well. Iwishy yout thel best just please ift this passes do right by the rest of the neighbors and makes suret they don't blockt the road and things like that because wel have had lots of Mayor: Any comments by boardi members?. Anyf further questions for Mr. Adler or for the applicant? Hearing  problems on! Railroad, sot thanky you.  none, att thist timel Iwilla ask foral motion on this particular item. Ithinky you already havec a motion and a second) youj just call forav vote    304  Mayor: Thank you it'sa long conversation, Igot confused there. Iapologize. Ok so there isa a motion on the Requested vote split with Council Members Sills, Gaulden and McLean in the affirmative and Council Mayor: Mayors, in this case, vote to split the tie and honestly have mixed emotions both ways. The parking does concern me tremendously and I'm gladt tol have the business in town. Idol have a question, isi it ok for me Mayor: Ok, clarification. He did mention does this stay with the building? Does this stay only with the tenant  floor.  Members Bradham Tart and' Turnage opposed.  toa ask Mr. Adlera a question?  Onlyi itisforclarification on: something submitted during the public hearing. att the building or does ittransfer to the next tenant? Adler: Thes special use willl be with thej property not with the tenant.  Mayor: Ireally have mixed emotions about this. I'm not 100% sure how Ifeel oni itso.  Gaulden: Ithoughti it was already approved.  IfIcould address that, the council has found that all five conditions have been met in the affirmative so the approval of the motion is just a wrap up motion but you have already determined that all five conditions have Mayor sot the board has determined that all five conditions have been met except one and voted in favor of Mayor: Int that case, based on thei information provided, Ivote int the affirmative on this, sO motion carries and Motion approved with Council Members Bradham, Tart and Turnage opposed and Mayor Elmore, Council Members Sills, Gaulden and McLean in the affirmative./ A copy of the Evidence is incorporated into RZ-02-23- Rezoning Request 61 parcels between Dogwood Knoll, Fairground, and Davis Street Mayor Elmore opened the Public Hearing at 7:27p.m. Planning Director Adler presented request to rezone six parcels totaling 1.90 acres +/- located on Fairground Road between Davis Street and Dogwood Knoll Street. Thej parcels currently have mixed zoning, four being zoned C-2, Shopping Center District, while two parcels ares split between C-2 and R-10, Single Family Dwelling District. The request is to rezone all six tol R-10, Single Family Dwelling District. Thei rezoning is reasonable based upon the surrounding area. The desired use is for a church. The impact would be reasonable if all city codes are met. The increased traffic a few times a week would not be excessively inconvenient provided the site plan, driveway access and screened parking were well planned. Rezoning to R-10 would permit housing development whichi is needed. It does permit a house of worship in this district. They would need to close the unused street and move storm drainage. They are planning on building a church to accommodate 400 to 500 people and designing property for the needed parking and facility could be ani issue. The rezoning achieves the purpose and is consistent with the Land Use Plan. The Planning Board voted unanimously tor recommend approval of Rezoning Request RZ-02-23. Council Member Turnage questioned the use of the property for a church instead of houses and Council Member Sills expressed concerns on where the cars would enter the property. There were also questions concerning the potential closing oft the Davis Street right away adjoining the properties. After discussion, Attorney Pope confirmed: for Council that they are only considering the rezoning tonight, not Del Crawford, Crawford Design Co, representing the owner spoke inf favor of the rezoning. Harry Waters, Wendy McBride, and Vivian Vincent all residents located on Dogwood Knoll opposed the rezoning and expressed concerns related to drainage and traffic issues. With no additional comments, the City Manager Neuschafer recommended that items such as this be handled by Conditional Zoning. Itis more work up front, however the applicant did not choose to apply for the conditional zoning permit but it allows After much discussion, motion by Council Member Turnage and second by Council Member Sills tot table until Motion by Council Member Turnage and second by Mayor Pro Tem Bradham to waive fees of $500 for the  been met. that, item five.  This isj just a wrapy up oft those five conditions to approve the permit.  the: special use permit isi inj place. these minutes as Attachment: #4.  the church, closing of street or relocation of the drainage ditch.  Public Hearing was closed.  the Council to see exactly what they are approving.  the) June meeting. Motion approved with Council Member Tart opposed. conditional: rezoning until the June Council meeting. Motion unanimously approved.    305  RZ-03-23- Rezoning Request 211 West Harnett Street  Mayor Elmore opened the Public Hearing at 8:02 p.m. Planning Director Adler presented request to rezone one parcel. 48 acres +/-1 located att the corner of West Harnett Street and North King Avenue. The property is currently zoned R-10, Single-Family Dwelling District and is proposed to be rezoned to R-7, Single-Family Dwelling District. The Planning Board voted unanimously to recommend approval of Rezoning Request RZ- 03-23. Staff concludes that rezoning this parcel to R-7 would achieve the purpose and is consistent with the Comments were made in favor of the rezoning by applicant, Brad Phelps, who also presented sample drawings of the homes he would be building there. With no additional comments, the Public Hearing was Motion by Council Member Sills and second by Council Member Gaulden to approve RZ-03-23 to rezone one parcel, PIN being 1516-68-0246.000, .48 acres +/- located at the corner of West Harnett Street and North King Avenue from R-10, Single Family Dwelling District to R-7, Single Family Dwelling District, as presented. Mayor Elmore opened the Public Hearing at 8:14 p.m. Assistant City Manager Mathew Boone presented CHAPTER 1, SECTION 1-6 (k), GENERAL PENALTY; ENFORCEMENT OF ORDINANCES; CONTINUING  Future Land Use Plan. closed.  Motion unanimously approved.  Ordinance. Amendment (OA-03-23) 160D Changes CHAPTER4 4,ARTICLE II, REGULATORY CODES SECTION 4-31, MINIMUM HOUSING CODE CHAPTER4 4,ARTICLE II, REGULATORY CODES SECTION 4-31, MINIMUM HOUSINGO CODE  recommended changes tot the Code of Ordinances related tot the following:  VIOLATIONS  Session Law 2019-111 and others that followed, repealed NCGS 160A, Article 19. Planning and Regulation of Development and created the new 160D, Chapter 160D, Local Planning and Development Regulation. This is not only affected the Planning and Zoning related ordinances, but also included the Unsafe Buildings, Non- Residential Buildings or Structures, and the Minimum Housing Standards. These ordinance amendments are intended to bring the Minimum Housing Code and the Non- Residential Buildings or Structures Standards ordinances into compliance with 160D toi include Statute Citations, definitions, processes, and procedures. The amendments have been reviewed by the City Attorney. With no additional comments, the Public Hearing Motion by Council Member Gaulden and second by Council Member Sills to approve Ordinance Amendments OA-03-23 as presented. Motion unanimously approved. A copy of the Ordinances (02023-09), (02023-10) Public Utilities Director Adams presented request for awarding an engineering services agreement for the professional services required to complete the Sewer Asset Inventory and Assessment grant awarded by the NC Division of Water Infrastructure. The City of Dunn was awarded a $400,000 Asset, Inventory and Assessment Grant from the NC Division of Water Infrastructure for the purpose of building upon the last sewer assessment that was completed in 2020. Requests for Qualifications were duly advertised. Nine Letters of Interest were received and City Staff reviewed and scored each using the same criteria for comparison. Oft the letter ofi interests submitted, WithersRavenel received the highest collective score for this project. Engineering fees are reimbursable through the grant and are within the budget submitted tol NCDEQ. Motion by Council Member Sills and second by Council Member McLean to award an engineering services agreement to WithersRavenel for engineering services related to the Sewer Asset Inventory Assessment Grant awarded by the Division of Water Infrastructure. Motion unanimously approved. A copy of the Finance Director McNallan requested consideration to award a contract for audit services for fiscal years FY23, FY24, and FY25. In March 2023, the City issued a request for proposal for audit services. The City received one response from the audit firm Thompson, Price, Scott, Adams & Co., P.A. (TPSA). This audit firm has years of experience with governmental audits and has recently provided audit and financial reporting services for the towns of Smithfield, Lumberton, and Godwin, as well as) Johnston County. The proposal for FY23 auditing services is $25,000 plus $5,000 for financial statement preparation. Ifa single audit is necessary, each single audit would cost $3,000. The estimates for the two additional years of FY24 and FY25 would be the same as FY23. All independent audit contracts must be approved by the Local Government Motion by Mayor Pro Tem Bradham and second by Council Member Turnage to approve the attached resolution awarding the FY23 audit contract to TPSA and authorize the Mayor and Town Manager to execute the contract, engagement letter, and related documents. Motion unanimously approved. A copy of the  was closed.  and (02023-11) are incorporated into these minutes as attachment #5. Asset Inventory and Assessment Resolution and Engineering Contract  Resolution (R2023-12)isi incorporated into these minutes as Attachment #6.  Contract Award for Audit Services  Commission.  Resolution (R2023-13)is1 incorporated into these minutes as attachment #7.    306  Pay Study Implementation  City Manager Neuschafer presented proposal to the City Council on the implementation of the City's pay study. The total cost of the proposed pay study, including benefits, is $388,155 for the General Fund and $111,6991 fort the Watera and Sewer Fund. The amounts related to the expenses for) June 1-30, 2023 (FY23) are $32,267 and $9,308, respectively.. An amount of$ $355,888 would be! budgeted ande encumbered in FY23 in the Non-Departmental Department. This amount would be carried over to FY24 to provide funding for the various General Fund departments' salaries and benefits related to the pay study increases. The Water and After discussion, motion by Council Member Sills and second by Council Member Gaulden to approve the attached resolution to implement the pay study and the attached budget amendment. Motion unanimously approved. A copy of the Resolution (R2023-14) and Budget Amendment (BA2023-16) are incorporated into City Manager Neuschafer requested approval from the council to purchase a lot near the intersection ofs McKay Avea and Susan Tart Rdf from Habitat for Humanity of Harnett County for $20,000 purchase price plus fees. After purchase, the City will mark the property corners and use force account labor to repair storm Motion by Council Member Turnage and second by Council Member McLean to approve purchase of PIN 1516:35-0128.000a: 25 +/- acre lot on SI McKay Ave for $20,000 and associated budget amendment. Motion unanimously approved. A copy of Budget Amendment (BA2023-17) is incorporated into these minutes as City Manager Neuschafer reported paving contractors are about 40% complete. Republic Services will begin replacing old carts the first of) June 300 carts each week and at the beginning of the year, they will begin replacing recycle carts. He thanked Public Utilities Director Adams for her service as this was her last meeting. Neuschafer: addedt that thel Fiber Optics being placed aroundt the city isa countywide project. Mayor Elmore also recognized thati it was City Manager Neuschafer's last meeting. He made comments and opened Finance Director McNallan provided the following financial report for the period ending April 30, 2023: Water and Sewer Revenues for the month were $560,214 with total collected yeart to-date at $5,576,456 Building Permit Fees collected total $130,452 or 87% of budget compared tot total collected last year of Generall Fund expenditures for month are $760,978, with total expensed to-date at $11,215,459 or 77.5% Water and Sewer fund expenditures for the month are $406,591, with total expensed to-date at $5,375,830, or 63.8% of budget, compared to $5,266,6131 last year. Revenues to-date are $5,506,504. Stormwatèr fund expenditures for ther monthy were $24,523, with total expenses to-date of$ $469,921,or Reports were also received asf follows: Planning and Inspections Report, Public Works Report, Public Utilities Mayor Elmore announced that Mathew Boone willl begins serving as Interim City Manager as of] June 1and will With nof further business to discuss, motion by Council Member Sills and second by Council Member Gaulden  Sewer Fund would fund the pay study using FY241 revenues.  these minutes as Attachment: #8. Purchasel Property  drainage ditch located ont thej property.  Attachment: #9. Administrative Reports  the floor for all Council Members tor maker remarks as well: ast the City Attorney. The Cityl has $13,499,779 cash, compared to $10,621,806 last year. or8 83.3% ofb budget, compared to $5,121,903 in 2022. Property" Taxes are $5,408,273 with estimated taxes, $5,383,600. Sales" Taxi receipts were $253,542, $34,285 abovel lasty year's.  Utilities Sales" Taxes received for they year is $497,673, compared to $486,135 last year. ofE Budget, compared to $10,201,7761 in2 2022. Revenues to-date are $12,149,821.  $140,968.  15.9% ofb budget. Revenues to-date: are $225,256. Thel benchmark fort this periodi is8 83.3% ofb budget. McNallan: also updated on debts service and) liens and assessments. Report, Parks and) Recreation! Report and Police Report.  Amouncememty/miommaton  bes sworn inb byt the City Clerk. He: announced upcominge events and activities. toa adjourn the meeting at 8:56 p.m. Motion unanimously approved.  CORPORATA SEAL CARO  WEPEL William P.E Elmoreln./ Mayor  Attest:  City  SRu