387  Dunn City Council Regular Meeting Tuesday, June 25,2024 6:30 p.m., Dunn Municipal Building  Minutes  PRESENT: Mayor William P. Elmore Jr., Mayor Pro Tem J. Wesley Sills, Council Members Raquel McNeil, Also present: City Manager Steven Neuschafer, Assistant City Manager Billy R. Godwin, Finance Director Cary McNallan, Chief of Police Cary Jackson, Acting Planning Director Haley Hogg, Parks and Recreation Director Brian McNeill, Public Works Director Dwayne Williams, Collections and Distribution Manager Billy Cottle, Water Plant: Manager Ian Stroud, Wastewater Plant Manager Donrie Dukes, Administrative. Support Specialist Amber Groves, City Mayor Elmore opened the meeting at 6:30 p.m. and Rev Zack Rowe, Youth and Outreach Pastor at Gospel Tabernacle Church gavet thei invocation.. Afterwards, Mayor Pro Tem Sills ledi int thel Pledge of Allegiance. Motion by! Mayor Pro Tem Sills ands second by Council! Member Gaulden to adopt the) June 25, 2024 meeting agenda  April Gaulden, Billy N. Tart, Alan Hargis, and Dr. David L.I Bradham.  Attorney Tilghman Pope, and City Clerk Tammy Williams. CALLTOORDER. ANDI INVOCATION AGENDA ADJUSTMENT AND APPROVAL as presented. Motion unanimously approved. Officer Recognition Zachary] Jacobs thel Leadership Certificate Program. PUBLICC COMMENT PERIOD period was closed. CONSENTITEMS  PRESENTATIONS  Chief] Jackson recognized Sgt. Jacobs for obtaining his Advanced Law Enforcement Certification and for completing Thel Public Comment Period was opened by Mayor Elmore at 6:37 p.m. Having no comments, the Public Comment  Minutes oft the April2 23, 2024 City Councill Meeting. Minutes oft thel May 14,2 2024 Work Session Minutes oft thel May 28, 2024 City Council Meeting. Destruction of Public Records- Parksa and Recreation, Finance and Administration Temporary Blockingo ofs Streets- - B-Healthy Outdoor Zumba Temporary Blocking of Streets- Kristen Run against Domestic' Violence Temporary Blockingo of Streets Christmas Extravaganza Temporary Blocking ofs Streets White Family Learning Center Viper Equipment Lease -Ad copy ofthec agreement has been filed with the City Clerk.  Budget Amendment- - Parkt to Park" Trail- -Ad copy of Budget Amendment (BA2024-22) isi incorporated into these Budget Amendment - Operating Accounts A copy of Budget Amendment (BA2024-23) is incorporated into Motion by Council Member Hargis and second by Council Member Tart to approve all consent items. Motion  minutes as Attachment: #1. these minutes as Attachment: #2. unanimously approved. ITEMSE FORI DISCUSSION. AND/ORI DECISION Adoption ofFY251 Budget Budget. Budget Ordinance: 2024-13  Finance Director McNallan reviewed the various ordinances and resolutions as a part of the budget. With no additional comments, the Public Hearing was closed. The following documents were adopted as a part of the  Designation of Fund Balance Resolution: 2024-23 Contract Services for City Attorney Resolution 2024-24. City! Employee Position Classification and Pay Grade Resolution: 2024-25 Salary and Wage Adjustment Resolution: 2024-26 Miscellaneous Fees and Charges Schedule Resolution 2024-27  Capital Project Ordinance for FY24 Vehicle: and Equipment Purchases Ordinance 2024-14  After discussion, Motion by Mayor Pro Tem Sills and second by Council Member Gaulden to adopt Budget Ordinance, Capital Project Ordinance and Resolutions related to the FY24 fiscal year. Motion approved with Council Member McNeil opposed. Attachment #3 is incorporated as a part of these minutes and includes the Mayor Elmore opened the Public Hearinga at6 6:40 p.m. Acting Planning Director Haley Hogg presented a request to rezone 112 South Fayetteville Street, PIN 1516-57-6465.000 from C-3, Highway Commercial District to C-1,  following: Budget Ordinance (02024-13)and Ordinance (02024-14) Resolutions (R2024-23), (R2024-24), (R2024-25), (R2024-26) and (R2024-27) CZ-04-24- Conditional Rezone- 112 SI Fayetteville. Ave    388  Central Commercial District: to permit only multi-family, restaurant, banquet/event space; bar/tavern/ microbrewery,; and general commercial. Thel brickstructure, builti in 1947, has been vacant fors several years. The owner, Robert Camille, contacted staff onl Monday May 63 and requested that the case be tabled until June due toaf family emergency. The Planning Board tabledt the case until their regular June 41 meeting. The Planning Board voted4 4inf favor and lopposed tor recommend: approval oft this conditional zoning request as presented. Comments were made by Robert Camille in reference to his plan for the proposed project. With no additional After discussion, motionl by Mayor Pro" Tem Sills and: second by Council Member Hargis toa approve with conditions that the one parcel totaling. .52 acres +/-1 located at1 112 South Fayetteville Avenue with PIN 1516-57-6465.000 be rezoned from C-3, Highway Commercial District to C-1, Conditional Zoning District (CZD) to allow only Multi- family, Restaurant, Banquet Hall/Event Venue; Barlavem/Mieobrewey, and General Commercial. Motion Mayor Elmore opened the Public Hearing: at6 6:50 p.m. Planning Director Hogg presented a request tor rezone three parcels located at the intersection of Jernigan Road and US 301 North. PINS 1527-04-3969.000; 1527-05- 4136.000; 1527-05-6219.000 from R-20, Residential District to C-3, Highway Commercial District Conditional Zoning District: to permit only Self-Storage. The Planning Board voted 3 in favor and 2 opposed to recommend approval oft this conditional zoning request to permit only Self-Storage with Type A buffer, removal of entrance Ap presentation was made by the applicant, Robert Barefoot, about the project and he also shared that they were willingt tol bev voluntarily annexedi into the city limits. With noa additional comments, the Public Hearing was closed. After discussion reference: adding the annexation asa condition, motion by Council Member Hargis and second by Council Member Bradham to approve with conditions that the three parcels totaling 2.23 acres +/- located at Jernigan Road/Hwy 301 North with PINS 1527-04-3969.000; 1527-05-4136.000; 1527-05-6219.000 be rezoned from R-20, Residential District to C-3, Highway Commercial District Conditional Zoning District (CZD) with the  comments, the Publicl Hearing was closed.  unanimously approved.  CZ-05-24 Conditional Rezone- Jernigan Rd/US301N  onto) Jernigan Road from site plan, and thea addition ofa6ft. privacy fence in! buffer yard.  following conditions:  1.The use oft the properties shalll bel limited to Self-s Storage Facility. 2.AType Ab buffers shalll be provided between the parcel and adjacent zoningo districts. 3.N Noa access shall bep permitted onj Jernigan Road; 4.A6't tall privacy fences shalll ber requiredi int the Type Ab buffer; and 5.F Property tol bea annexedi into the city. Motion unanimously approved. CZ-06-24- - Conditional Rezone NI Powell/W Cumberland 23, 2024 City Council meeting. Motion unanimously approved. SUP-02-24- Special Use Susan' Tart Development comments int this matter are alli ini italics.  Motion by Mayor Pro Tem Sills and second by Council Member Gaulden tot table case number CZ-06-24 to the July Mayor Elmore turned the evidentiary hearing over to City Attorney Pope to facilitate. City Attorney Pope's ThankJ you, Mr. Mayor, this next matter is case #SUP-02-24, a request by. Susan Tart Development LLC for a special use permit to allow the use oftownhomes, 35 units ond approximately 3.81 acres of the subject parcel PIN being 1516- 06-0454.0001 located off Susan Tart Rd. The property is zoned MXU-CZ mixed-use conditional district. The meeting on this matter isj judicial in nature and will bec conducted in accordance with: special due process safeguards. All persons wishing to testify int this case, please approach the podium at this time to be sworn or to give) your affirmation. After Placey your left hand ont the Bible and raise) your righth hand. Doy you: swear that the testimony, you' 're about tos givet to be the truth, the whole truth, and nothing but the truth, so help) you God? Acting Planning Director Haley Hogg and AL brief explanation of the proceeding, as Council is familiar, for the benefit of the public and those that will be participating. As special use permit must be reviewed in accordance with the findings of facts that are listed in the Uniform Development Ordinance for the City of Dunn. The Council must determine that all findings have been met in ordert to approve ther request. The council willl hear testimony from staff the applicant, their expert witnesses, and any opponents of the proposal. The evidence presented in this testimony must be used to make the determination of whether each finding has been met. Anyone speaking against the application must have standing in accordance with the generals statutes.. Andi ifthat's ani issue, we'llo address that at that time. When the council makes a motion, they will Int this meeting, wev will first hear from Planning Director Haley Hogg with the Mid Carolina Regional, then from the applicant and their witnesses and then from opponents to the request. Parties may cross examine witnesses aftere each witness testifies when questions are calledf for. Ifany witness wants the Council tos see written evidence such asi reports, maps, exhibits, etcetera. The witness who isn most) familiar with the evidence. should ask that it bei introduced during or att the end ofl his orl her testimony. We cannot accept reports from anyone who is not here to testify and be given the opportunity. for cross examination. I don't believe that there are any attorneys that are scheduled to speak this evening, so we'lls skip on to that. And at this time, I will open the meeting on case number SUP-02-24, special use  yours swearing in,) your may returnt toy your seat.  Applicant Ben! Stout werel both sworn in. Thank) you very much.  specify thej findings off factst that are not meti int ther motion.  permit application and ask for testimony) from thep planning director.    389  Hogg: So, this application againi is CZ-02-24. Itisf for aj parcel located off Susan." Tart Rd. The parcel int total is 5.74 acres, butt the applicanti is onlyi including 3.81 acres int thes special use request." The applicant ist requesting: a special use permit toa allow the use oft townl homes per UDO requirements. They: are proposing upt to3 35 townhome units on the parcel. Some background on this property. Earlier this year, I believe it was March of this year, a rezoning, conditional rezoning was approved for the site to allow the use of townhomes. But per the UDO, the applicant is still required to obtain special usea approval even after the conditional zoning. Sot that isv why they arel here tonight. The parcel was rezoned toT mixed-use conditional: zoning district. They did submit a site plan. It was a special use permit master plan. That isi iny your agenda packet. The applicant is showing their 35 townhome units proposed and the layout matches what was shown on the master plan for the conditional zoning. If: approved tonight, that would require additional review at preliminary plat phase at which time we would get a landscaping plan and review more in depth. But just a summary oft the site plan that they do have before you tonight. They are again proposing 351 units. They are proposing: a male CBU with two parkings spaces designated for that CBU, one handicap and one standard. They're also proposing a dumpster unit tos serve the residents oft the site. They're proposing 2 parking spaces per unit, one of which will be a garage space, the other will be a driveway space. They are not proposing any guest parking, but none is required by the UDO at this time. And the applicant is proposing to adheret toa alll landscaping requirements int terms ofs streett trees and buffers for adjacent properties. Int terms of consistency, the application is consistent with the use that was proposed in the conditional zoning master plan. Iti is also consistent with thes surrounding development pattern, which includes office uses, childcare and also multifamily across the: street.. And the parcel is designated asl hospital districti int the future land use map, which includes a variety of uses such as offices, housing, and neighborhood scale commercial. So, if approved tonight again, the applicant would be required to still come forth with aj preliminary plat and go through that process as well. And they will: also be required to obtain av wastewater: allocation request for this development. And witht that, ifyoul have any questions, Icana answer them, and the: applicant can speak as well tot the project. Would) you like to introduce the application and agenda materials that were presented to the Council as evidence? So received at this time. Does anybody from the Council have any questions for Halley? Does anyone with standing Hogg: would assume, but would defer tot the: applicant to answer that and look at the HOA. Typically, whenever you have, common area, like common space areal like they're proposing and CDU's, usually there's anl HOA, but II Any other questions?. Alright, thanky you. We will now hear from. the applicant and other proponents. Sir, please state Thanky you, Ben Stout at 222 Maiden Lane in Fayetteville is my office address. So, mani it's been al longi journey to getting this point. I think I looked, and this is the tenth month of getting to this point. So sometimes nothing happens overnight per sel but appreciate the chancet tog get tot this point. And Ithink alongt the way of with George andt the staff and Haley and! her team,) you know? Kind ofc ont the way, there'sal little bit oft trust that was puti into us that we present tos you, kind of what we said we're gonna dot the whole time and following the UDO and working through some oft thes steps that were newt tol kind ofa all oft us. So, what yous see inf front ofy youi is really what we were tryingt to gett tot this point, just be able tos show you this SO. Asi it states in the staff report that that we received, as wella asy youl know, everything is UDO compliant. Imean,t this thingi isa as dialed ina asi it canl be. Checke everys single! box that was needed tol be checked. So, there'sl been al lot ofb back and forth, even when Mr. George: stepped away, there were a couple little tweaks that were made. So, what's inf front ofy youi is essentially what's gonna get built.. And to answer the question,) yes, there willl be an! HOA involved in this tor maintain the grass open space landscaping that types stuff. Ifs somebody hits a mailbox, kiosk, somebody has tol ber responsible for ita and that's what the HOA would ber responsible for. guess beyond that, Idon't feel the need tor maybe rehearse whati isi int the five findings off facts that the staff has put together. Ithink they've done ane excellent job with that. So certainly ift there's any questions that need tol bea asked ofr me, I'mi more than! happy to address those and answering thel best wayl Iknow. Any questions for Mr. Stout from Council?. Anyone else here with standing have any questions for the applicant? Next, we will hear from people opposing the request. Is there anyone here to speak in opposition to the request? Alright, we will now entertain any further questions from City Council members for the applicant proponents and we' ver not heard) from any opponents. Once evidentiary hearing is closed, the only questions posed to the applicant for proponents or opponents. shall be for clarification only. No new evidence can be introduced after the close of the evidentiary hearing. In the event the Council desires to place any conditions oni its approval, those must be agreed to by the applicant. Now would be the time to ask the applicant if you have any conditions that you wish for him to consider on approval. He must agree to those as a part oft this hearing. So does the Council have any other questions of Sills: Tilghman, does the HOAI need tol bes specified int the motion to approve ori is that a default with the ordinance. Idor not believe that iti isand ordinance requirement. So, ifyou wish) for that tol beac condition on approval, you may ask the applicant now ifhe's willing to accept that as a condition. So, since he's nowi int the back, let the record reflect that the applicant has agreed as a condition of approval to have a property owners association responsible for maintenance of common areas in the development Are there any other questions of the applicant or any other  Hogg: Yes  have any questions for Ms. Hogg?  Mayor Prol Tem Sills: Idol have a question. Will thet town homes have: ank HOA? defer to them tos givet their plans fort that.. Any other questions? yourn name fort ther record, even though we're familiar.  Thank) you, Sir.  the applicant or any conditions that) you wish to ask him to consider fory your approval?  conditions that the Council wouldl like to ask the applicant to consider?    390  At this time itv would! bec appropriatet to entertain ai motion to close the public hearing.  Motion by Mayor Pro Tem Sills and second by Council Member Bradham to close the public hearing. Motion Motion by Council Member Hargis and second by Councill Member Bradham to approve Special Use Permit SUP02- 241 based on all six standards having been satisfied as presented in the staff report, with the condition that a property ownersa association will governt the townhomes. Motion unanimously approved. Evidence has been filed Mayor Elmore opened the Public Hearing at7 7:15 p.m. City Manager Neuschafer proposed ordinance to extend the corporate limits for voluntary annexation Petition ANX-02-24 onl Fairground Road. The resolution fixinga a date for the public hearing was approved att the last meeting and the notice was published on) June 14i in The Daily Record and posted on the principal bulletin board as required. With no additional comments, the Public Hearing was Motion by Mayor Pro Tem Sills and second by Council Member McNeil to adopt the ordinance to extend the corporate limits oft the City of Dunn as requested and to assign property to ward one effective June 25, 2024. Motion unanimously approved. A copy of the Ordinance (02024-15) is incorporated into these minutes as Mayor Elmore appointed. Dunn Housing Authority members with allt terms ending on) June 30 asf follows: Lois Dail Terme ending 2029; Angelal Inman' Terme ending 2027; and Sharon Gant with' Term ending 2025. Motion by Council Member Gaulden and second by Mayor Pro Tem Sills to appoint advisory board members as Douglas Godwin Jr. and Benjamin Ellmers term ending 2027, Vincent Pressley term ending 2026 and for ETJ  unanimously: approved.  Thee evidentiary quasi-judicial hearing is closed.  with the City Clerk.  Annexation. ANX-02-2024 Fairground Rd  closed.  Attachment: #4. Advisory Board Appointments  follows with allt terms ending on] June 30: For thel Planning Board Representative Brice Woodell term ending 2027. For Dunn ABCI Board Forl Parks andl Recreation. Advisory Board Dennis Goldston for term ending 2027 For Community Appearance. Advisory Board Wastewater. Allocation! Request  Jerry Smithf fort terme ending 2027 and toa appoint Marc Phillips as Chairman  Cornelia Malloy, Lindal Monds, Edith Elmore, Kathy Pope, and Stacey Renee Sanders with term ending 2026 and to City Manager Neuschafer presented ar request for a wastewater (sewer) allocation: for an industrial development allocation: 29,400 ofg gallons per day withs scores are above the minimum required. The current available balance of the wastewater: allocationi is2 265,660 gallons. The City! Manageri is nota authorized toa award over 10,000 gallons ofa Motion by Council Member Bradham and second by Council Member Gaulden to approve the Wastewater Allocation of2 29,4001 tot the parcel at 4531 Rooms To Go Way PINI Number 1526-77-5334.000 as presented. Motion Assistant City Manager Godwin presented proposed MOUT between the City, Harnett County, and the Dunn United In September 2012, Harnett County donated to the Cityt the real property adjacent to Tyler Park where the County Health Center Building is located which facilitated the City's expansion of Tyler Park. In consideration of the donation, the County was allowed continued use oft two rooms int the building for the Women, Infants, and Children (WIC) program. If they ever needed the entire building, the City agreed to provide comparable space for the County unless the WIC program ceased to operate in the building for 90 consecutive days. These terms were DUMA is renovating and expandingi its facility at 301 E Broad Street.. As part ofi its expansion, DUMA! has agreed to provide the County, free ofc charge, with sufficient spacet tor renew operation oft the WIC program in Dunn. The City has agreed to contribute $30,000 toward WIC space renovation costs. Upon completion of the renovation, the County has agreed to renew operating the WIC program in Dunn and to release the City from any obligations arising out of the September 2012 MOU. The County and DUMA have already executed the MOU and it awaits approval oft the City Council. The $30,0001 renovation costs will come from: a State-funded County grant tot the City. Motion by Council Member Gaulden and second by Council! Member Hargis to approve the MOU between the City, County, and DUMA, includingt the $30,000 contribution for renovation oft the property at 301 E.E Broads Street, Dunn, NG, to be used by the County WIC program, and to authorize the Mayor, or his designee, to execute the MOU on  appoint Cornelia Malloy ast the Chair. Motion unanimously approved.  non-residential: allocation. Thej parceli isl located at4 4531 Room' To Go Way 1526-77-5334.000.  unanimously approved. MOU DUMA and Harnett County Ministerial, Association (DUMA).  memorialized,: andt the County nol longer operatest the WIC programi in the City ofl Dunn.    391  behalf oft the City ofI Dunn. Motion unanimously approved. A copy ofthe MOUI isi incorporated into these minutes After explanation from Finance Director McNallan, motion by Council Member Hargis and second by Council Member Tart to approve the EI Bay St and S Wilson Ave Stormwater Improvements Capital Ordinance, related budget amendment, and project reimbursement resolution. Motion unanimously approved. A copy of the Ordinance (02024-16), Resolution (R2024-28) and Budget Amendment (BA2024-24) are incorporated into these Assistant City Manager Godwin proposed offer to purchase two parcels of land located at 100 and 106 East Bay Street, Dunnt tob be utilized for stormwater management purposes. On! March 14, 2024, the City Council authorized the City Manager to enter negotiations with Martin & Stone Storage, LLC, for the purchase of two undeveloped parcels located at 100 and 106 East Bay Street, Dunn. The offer to purchase has already been executed by the sellera and contains the following principal terms: Purchase price $118,000 including an earnest money deposit of $1000 now beingl held by the City Attorney; 201 Day Due Diligence Period beginning ont the date the City signs the The property currently contains two 48" storm drainage culverts and upon acquisition, would be used for installation of additional stormwater best management practices to mitigate flooding and further alleviate Motion by Council Member Tart and second by Council Member Hargis to approve the City's purchase for $118,000 from Martin & Stone Storage, LLC, the two parcels ofl land located at 100 and 1061 East Bay Street, and further identified as Harnett County PIN: #1 1516-55-3618 and PIN: # 1516-55-2271 and to authorize the Mayor or City Manager to execute the Offer to Purchase and other documents necessary to effect the closing. Motion Assistant City Manager Godwin presented a request to consider purchase of CloudPermit software for planning & zoning, building permitting, and Code enforcement. Currently, the Planning & Inspections Department uses three different software programs. CloudPermit software consolidates the function of three programs into one unified software program enabling the zoning, development permitting, building permitting, and Code enforcement fora The annual $12,000 subscription feei includes unlimitedl licenses for staff, unlimited data storage, online portals for public users, and support and maintenance. The initials software agreement term is for one-year with an option to renew for an additional two-year term. Ina addition tot the annual subscription fee, there isa one-time additional fee of$5,000t to coveri implementation, document & form creation/conversion, staff training, and data importation. Motion by Council Member McNeil and second by Council Member Gaulden to approve the CloudPermit software agreement and toa authorize the City Manager, or his designee, to execute the agreement on! behalf of the City of  as Attachment: #5.  Capital Project Ordinance! EBay St minutes as Attachment #6. EBay St Property Purchase  contract; Closing Date of1 100 days after expiration ofl Due Diligence Period.  stormwater drainage throughout the City'se easts side.  unanimously: approved.  CloudPermit Planning & Zoning Software Contract  parcel tob be addressed in one cloud-based: software program.  Dunn. Motion unanimously approved. Administrative Reports City Manager Neuschafer presented updated goals.  Finance Director McNallan provided the following financial report for thej periode ending May 31,2024: The Cityl has $10,191,742 cash and investments, compared to $11,240,158 last year. The decrease is primarily duet tou unreimbursed, grant/loan proceeds for capital water and: sewer projects. Property Taxes collected for April are $80,909, compared to$ $94,667 lasty year. Total to-date $5,649,573. Sales Taxi receipts were $271,969 for February, $58,391 more than same period last year, with total collected Building Permit Fees collected total $243,591 or 153.5% of budget compared to total collected last year of General Fund expenditures for month are $1,176,320, with total expensed to-date at $12,403,811 or8 88.1% of Budget, comparedt to $12,493,965 in2 2023. Revenues to-date are $12,473,804 or 88.6% ofb budget. Water and Sewer funde expenditures for the month are $1,245,000, with total expensed to-date at $8,452,258, or 78.3% ofb budget, compared to $6,949,050 last year. Revenues to-date are $8,306,549 or 76.9% ofl budget. Stormwater fund expenditures fort the monthy were $65,471, with total expenses to- date of$269,979, or 63.4% Reports were also received as follows: Planning and Inspections Report, Public Works Report, Public Utilities Parksa andl Recreation: Director McNeil gave ant update ont the upcoming State Tournament tol bel held at Tart Park. He further announced, Council will have: a Special Called meeting onj July 9 at 6:30 p.m. here in Council Chambers for the purpose to have a presentation from the North Carolina Council of Governments on the procedures of  to-date of$2,342,422 or 75.7% oft budget.  $137,160.  ofb budget. Revenues to-date are $402,567 or 94.5% ofb budget. The benchmark for this periodi is 91.7% oft budget. Report, Parks and Recreation! Report and Policel Report. Mayor Elmore: announced upcoming events and activities.  Announcements/Information hiringacityn manager.    392  Council Member McNeilt thanked thec city for allt their support andl help fort thei first) Juneteenth Celebration. With nof further! business toc discuss, Mayor Elmore: adjourned the meeting at7:45 p.m. with noo objections.  William Mayor  Attest:  144y  Tammy Williams, CMC, NCCMC  City Clerk