HomeMy WebLinkAbout03-12-2024 Work Session360
Dunn City Council
Work Session
Tuesday, March 12, 2024
6:30 p.m., Dunn Municipal Building
Minutes
PRESENT: Mayor William P. Elmore Jr., Mayor Pro Tern j. Wesley Sills, Council Members Raquel
McNeil, April Gaulden, Alan Hargis, and Dr. David L. Bradham. ABSENT: Council Member Billy N. Tart
Also present: City Manager Steven Neuschafer, Assistant City Manager Billy R Godwin, Planning Director George
• Adler, Administrative Support Specialist Amber Groves, City Attorney Tilghman Pope, and City Clerk Tammy
Williams
CALL TO ORDER AND INVOCATION
Mayor Elmore opened the meeting at 6:30 p.m. and shared that Council Member Tart was out sick Council
Member Bradham gave the invocation and Mayor Pro Tern Sills led in the Pledge of Allegiance.
AGENDA ADJUSTMENT AND APPROVAL
Motion by Council Member Bradham and second by Council Member Gaulden to adopt the March 12, 2024
meeting agenda as presented. Motion unanimously approved.
ITEMS FOR DISCUSSION AND/OR DECISION
PUBLIC HEARING - FYI 6/20 CDBG-1 Sewer Rehabilitation/Replacement Project Amendment
Mayor Elmore opened the Public Hearing at 6:32 p.m. and introduced Project Manager Monica Chevalier with
WithersRavenel for the public hearing.
Monica Chevalier spoke about the FY2016/2020 Community Development Block Grant - Infrastructure
(CDBG-1) grant amendment The purpose of the public hearing is to explain proposed scope changes, with
discussion afterwards.
In summary, the City was awarded $1,999,129 million in CDBG-I funds from the North Carolina Department
of Environmental Quality (DEQ) Division of Water Infrastructure (DWI) to rehabilitate/replace
approximately 13,625 LF of aged/deteriorated sewer line. After four rounds of advertising for construction
bids for 8,806 LF, the project scope was negotiated with the lowest responsive responsible bidder. Due to bid
• prices received, the Amendment project construction scope will be reduced down to rehabilitation of approx.
2,717 LF of 6-12" diameter sewer line, rehabilitation of approx. 36 manholes, replacement of approx. 43
sewer service reconnections and approx. 1,515 4" sewer laterals, addressing segments by ranked percent
serving low- and moderate -income (LMI) residential areas. Specifically, the project area includes portions of
W Barrington, E Johnson, E Harnett, McNeil, and Culbreth streets, including all manholes presented in the
base bid. Much of the area served is near the public housing authority. The project will continue to benefit at
least 51% LMI households, and therefore, 100% of the CDBG funds will be used to benefit LMI persons.
Chevalier read aloud the memorandum from the Grant Administrator as follows:
"The purpose of this Memo is to summarize the CDBG-I Program Amendment for the City's FY16120 Community
Development Block Grant Infrastructure (CDBG-I) Program, being presented for adoption at the City Council
meeting. The purpose of the public hearing is to clarify the project area for the project and allow residents an
opportunity to express their views for the CDBG-I Grant # 20-1-3606; Sewer Rehab/Replacement
In April 2021, the City was awarded a total of$1,999,129 in U.S. Department of Housing and Urban Development
(HUD) CDBG-I funds (100% of total project costs) from NC Department of Environmental Quality (DEQ) Division
of Water Infrastructure (DWI). The Original approved project scope included CCTV investigation and subsequent
rehabilitation/replacement ofapproximately 13,625 linearfeet of aged/deteriorated sewer line and manholes in
the areas of W Barrington, N Fayetteville, N King, N Layton, N McKay, N Railroad, N Wilson, Burke, E Carr,
Caswell, E Cleveland, N Clinton, Dubois, E Granville, E Johnston, Moore, Lincoln, N Magnolia, E Townsend, E
Broad, E Edgerton, E Harnett, Clayton, E Surles, N Lee N Sampson, W Washington, W Wilmington, McNeil, and
Culbreth streets Construction base bidding included rehabilitation/replacement of approx. 8,806 LF of 6-12"
diameter gravity sewer line and approximately 37 manholes replacement of approx 147 sewer service
• reconnections, and replacement ofapprox.5,154 LF of4"sewerservice laterals, with 13 bid alternates within the
original project area.
After four rounds of advertising for construction bids, the project scope was negotiated with the lowest
responsive responsible bidder. Due to bid prices received, the Amendment project construction scope will be
reduced down to rehabilitation ofapprox. 2,717 LF of 6-12"diametersewer line (311 LFof6, 2,075 LFof 8, and
331 LF of 12"), rehabilitation of approx 36 manholes, and replacement of approx. 43 sewer service
reconnections and approx 1,505 LF of 4" sewer laterals, addressing segments by ranked percent serving low -
and moderate -income (LMI) residential areas.
The project occurs in the following areas: 308 W Barrington S41008-1102 N Fayetteville Ave, 1009-1010 N King
Ave, 209-410 Burke St, 310-601 E Cam 54105-112 Caswell S4 507-603 N Clinton Ave, 402-670 EJohnson S4 700
Lincoln S4 504-700 N Magnolia Ave, 310-605 E Townsend S4 510-1007 E Harnett St Clayton S4 E Surles Si; 213
N Lee Ave, N Sampson Ave, 210 N Washington Ave, 213 Al Wilmington Ave, 301-404 McNeil Cir, 1000-1019
Culbreth SL Specifically, Iinework is occurring on portions ofW Barrington St (between N Fayetteville Stand N
361
Railroad St), E Johnson St (between N Magnolia Ave and E Townsend St), E Harnett St (between N Sampson Ave
and McNeil Cir), and McNeil Cir and Culbreth streets (including the public housing authority). All manholes from
the base bid remain in the projectfor rehabilitation.
The base bids and alternate bids received were more than the available CDBG budget To reduce the construction
scope, first all the alternate bids were removed from consideration. Then, project area segments to be addressed
were selected by ranking the estimated low -moderate income (LMI) percentage per sewer line segment The
ranking is based on street view of LMI households, the same methodology used for the grant application during
the height ofCOVID-19 to be eligible forarea-wide LMI benefit The project must benefit as many LMI households
as possible to meet national CDBG requirements. All sewersegments serving non-LM1/non-residential areas were
removed from the scope. The segments with the lowest estimated LMI percentage benefit were removed from the
project scope until the CDBG budget was met The prorect's area -wide percentage of 52.5296 LMI remains the
same. The project area has a population that is at least 51 % LMI, and therefore, 100% of the CDBG funds will be
used to benefit LMI persons. The attached maps show the alternate bid area, the base bid area, and the final
reduced construction scope.
The total project budget remains unchanged at$1,999,129. The original determination of no adverse impact to
the environment is retained. This project will be like -for -like replacement oflines with no increase in capacity.
The City does not discriminate based on race, color, religion, sex, national origin, handicap, age, familial status,
in the admission, access to, treatment or employment in the CDBG program and activities. Efforts will be made to
minimize displacement during project implementation and applicable utility easements, and displacement
assistance as necessary will be available. Persons with disabilities, limited English proficiency, or who otherwise
require special accommodations should contact the City at 910-230-3500, TDD: 800-735-2962 (Relay Service at
711).
Comments were to be postmarked no later than Friday, March 15, 2024, with a written response made within 10
business days. The project amendment package will be submitted to DWI within approx. two weeks after all
required CDBG forms are executed. Publicgrant documents are available at City Hall upon request between the
hours of 9:00 AM and 4:00 PM. All City Hall visitors are to comply with federal, state, and local coronavims
guidelines. For additional information or to submit written comments, please contact:
Steve Neuschafer, City Manager,'. sneuschgferOdunn-ncnra
Tammy Williams, City Clerk; twillliams@dunn-nc.org
(Mailing) PO Box 1065 Dunn, NC28335
(Physical) 401 E Broad Street Dunn, NC28334
PH: 910-230-3500/TDD: 800-735-2962 (Relay Service 711)
This information is available in Spanish or any other language upon request
Mayor Elmore opened the meeting for discussion. With no discussion from Council or the public, Mayor
Elmore closed the Public Hearing, with no objections.
RZ-01-24, Rooms To Go Rezoning Request, NCSSE
Mayor Elmore opened the Public Hearing at 6:42 p.m. Planning Director Adler presented a request to rezone
one parcel 19.76 acres +/- adjacent to the rear of the Rooms To Go Distribution Center, with access to NC 55
East The property is currently zoned RA-40, Residential -Agricultural District and is proposed to be rezoned
to I-100, Industrial Zoning District This parcel is adjacent to the rear of the Rooms To Go Distribution Center
on Rooms To Go Way. The Parcel has been owned by RTG since the Distribution Center was built in 2014. The
parcel is requested to be rezoned to I-100, the same zoning of the Distribution Center, for the purposes of
expanding the Distribution Center. The current structure is 1.4 million square feet The expansion will add
336,000 square feet of warehousing space.
RTG notified adjacent property owners of a neighborhood meeting and held the meeting in the RTG training
Center on November 19. Several property owners were in attendance. Several of the same property owners
shared that RTG was a very good neighbor, but concerns were expressed about additional stormwater that
could exacerbate flooding during major rain events. The RTG land planning consultant said that RTG would go
beyond what the state legally required to handle smrmwater runoff.
The Planning Board, at their regular meeting on February 27, heard presentations from staff and RTG. After
much discussion, the Planning Board voted unanimously to recommend approval of this rezoning request.
1 - The amendment, if small scale, is reasonable based upon surrounding conditions: Based on the location
and surrounding conditions, rezoning the parcel from RA-40, Residential/Agricultuml District to 1-100
Industrial District would be reasonable. It would provide the opportunity for an important employment L
center to expand and add more jobs. The impact on the adjoining sparsely populated properties will be
mitigated as best as possible by setbacks and buffering.
2 - The impact to the adjacent property owners and the surrounding community is reasonable, and the
benefits of rezoning outweigh any potential inconvenience or harm to the community: The impact of this
rezoning will create some inconvenience for adjoining homeowners during construction. Best practices
during construction will be followed to limit that inconvenience. Landscaping, buffering, and required
setbacks will mitigate longer term impacts. The benefits to the community of rezoning will outweigh the
potential temporary or longer -term inconveniences to immediate property owners.
3 - The amendment is warranted due to changed or changing conditions in the area: Rezoning this parcel to I-
100 would permit expansion and job creation of an important employment center in an area that the Future
Land Use Plan identifies for that purpose. The amendment is warranted due to the changing conditions in the
362
area. NC Department of Environmental Quality (DEQ) approvals are required for erosion control and
stormwater management plans. NC Department of Transportation (DOT) approval is required for any change
to the access to the site from NC 55, a state road.
4 - The amendment achieves the purpose and is consistent with the Land Use Plan: The Future Land Use Map
includes this parcel in the Office & Industry Character Area, which encourages office, industrial, and economic
development opportunities. The rezoning would allow an existing distribution center facing a highly traveled
interstate highway to expand. The road access from the rear of the complex will be used primarily during
construction, after which it will be gated. Setbacks and various forms of buffering will separate the expansion
from residential neighboring properties. This rezoning would be consistent with the Future Land Use Plan
and Map.
• Staff concludes that rezoning this parcel to I-100 would achieve the purpose and be consistent with the
Future Land Use Plan.
Brandon Moore with The Site Group shared that they have been working on stormwater solutions. He added
that a large part of this issue is not related to RTG but 195 and drain off to Mclamb's pond due to other
growth. Most of the problems are due to many years of neglect of the stream. He shared that they have
reached out to gather information and study on how the stream can be repaired. DOT culvert at NC55 has not
had any repairs or upgrades since the 1930's and DOT feels it is working properly. This needs to be added to
the 5-year plan if it is a priority for the Council. There is not a significant amount of this drainage from RTG.
He felt the ponds were adequate and that it was the stream and culvert that needed to be repaired.
Bryce Woodell spoke about his concerns with the stormwater runoff affecting his property and eventually
causing Flooding of his property.
Peter Wiezner from RTG said they did not know about the neighbors until recently. He said they cannot
commit to any further investigation. Experts say that RTG is not a major contributor to the flooding issue.
Without the rezoning tonight, the expansion probably will not happen at all due to incentive/grant in place.
With no further discussion, the Public Hearing was closed.
After much discussion, motion by Council Member Bradham and second by Council Member Gaulden to
approve RZ-01-24, to rezone one parcel, PIN being 1526-45-4121.000, at NC 55 East, from RA-40,
Residential —Agricultural District to 1-100, Industrial District, as presented. Motion approved with Mayor
Pro Tem Sills opposed.
CZ-01-24, 1105 Erwin Rd, DeAngelo Jackson, Walk by Faith Conditional Zoning Request
• Mayor Elmore opened the Public Hearing at 7:29 p.m. Planning Director Adler presented a request to rezone
one parcel 0.9-acres +/- at 1105 Erwin Road. The property is currently zoned 0&1, Office & Institutional
District and is proposed to be rezoned to MXU CZD, Mixed -Use Conditional Zoning District to permit only the
following uses: Family Care Home (6 or fewer residents); Outside Sales; Personal Care Services; and
Temporary Shelter (emergencies).
This parcel is adjacent to 1107 Erwin Road, where Walk By Faith operates an adult day care for elderly or
disabled persons. This service provides respite for their care givers. The request for the conditional rezoning
at 1105 Erwin Road will allow Walk By Faith to expand their services and provide 24/7 care for up to six
elderly/disabled residents. A live-in care giver will reside at the address. The other uses requested in this
Conditional Zoning application are uses that support the primary use of a Family Care Home for six or fewer
residents.
The Planning Board, at their regular meeting on February 27, heard presentations from staff and DeAngelo
Jackson, Walk By Faith business owner. The Planning Board voted unanimously to recommend approval of
this conditional zoning request
1 - The amendment, if small scale, is reasonable based upon surrounding conditions: Rezoning from 0&1,
Office & Institutional to MXU, Mixed Use Conditional Zoning District (CZD) proposed for this parcel will limit
the number of permitted uses in Mixed -use as one of the conditions proposed by the owner. The rezoning will
permit a family care home (6 or fewer residents) in a pre-existing residential structure with a paved driveway
already in place. The only immediate change to the parcel will be the installation of three parking spaces at
the back of the house. This amendment will be small scale and reasonable based on surrounding conditions.
2 - The impact to the adjacent property owners and the surrounding community is reasonable, and the
• benefits of rezoning outweigh any potential inconvenience or harm to the community: The impact on the
surrounding property owners would be reasonable. The applicant runs an adult daycare out of the adjacent
property to the west, and this is an extension of his business. The subject property had been used as a
residence previously, so there should be limited impact on neighbors. The benefits of the conditional zoning
proposed are expected to outweigh any inconveniences the rezoning may cause.
3 - The amendment is warranted due to changed or changing conditions in the area: The amendment is
warranted due in growth. The conditional zoning application shows the site plan proposed and the only uses
that will be permitted in the future: the proposed family care home (6 or fewer residents), Outside Sales,
Personal Care Services, and Temporary Shelter (emergencies). These limitations allow commercial activity
while limiting its impact on the residential neighborhood of which it is a part
4 - The amendment achieves the purpose and is consistent with the Land Use Plan: The Future Land Use Map
identifies this site as a Hospital District Converting a residential structure into a commercial use, while
limiting the number of permitted furore uses, conforms to this character area.
363
Staff concludes that this Conditional Rezoning to MXU Conditional Zoning District (CZD) at this location on
Erwin Road conforms and is consistent with the Future Land Use Plan.
D'Angelo Jackson, owner of the business, spoke on behalf of the business in favor of the rezoning. He
confirmed their facility is inspected by the county and the state. He stated that temporary housing was not
required, just something that he thought would be a nice addition. He confirmed that the property owner is
aware of the rezoning and his signature is on the application. He also shared that he chose outside sales
thinking about the residents having yards sales and that personal care was so if someone wanted to have
someone stay with their family member while staying there.
After much discussion with concerns on the temporary housing and outside sales, along with concerns about
the property owner's agreement, motion by Council Member Hargis and second by Mayor Pro Tem Sills to
table until the Regular April Meeting with the modified statement from the property owner. Motion
unanimously approved.
CZ-02-24, 2050 Cumberland, Four Ws Incl. Conditional Zoning Request
Mayor Elmore opened the Public Hearing at 7:58 p.m. Planning Director Ader presented a request to
Conditionally Rezone four parcels totaling 5.6-acres+/. at 2050 West Cumberland Street Three of the parcels
are currently zoned I-10, industrial District and one parcel is zoned C-3, Highway Commercial District The
request is to conditionally rezone all four parcels to C-3 CZD, Highway Commercial Conditional Zoning
District, to permit only the following uses: (1) restaurant, (2) professional office, (3) bank/financial
institution, (4) drive-thru/drive-in facility (principle or accessory), and (5) general commercial.
The four parcels the applicant is requesting to rezone are located on West Cumberland between North Powell
Avenue and the Belles Shopping Center. The requested rezoning will unify the zoning of the four parcels and
limit the number of probable future uses. One of the parcels (2050 W. Cumberland) has a concept site plan
but all future developments will use the same driveway from West Cumberland that currently exists. Access is
also available from the private access easement along the north and west side of the parcels.
The Planning Board, at their regular meeting on February 27, heard presentations from staff and Attorney
Dwight Snow, representing the owner. The Planning Board voted unanimously to recommend approval of
this conditional zoning request, with the additional conditions: to permit only one driveway access from West
Cumberland Street no new driveway access from North Powell Avenue, and to design all four parcels as a
single development
1 - The amendment, if small scale, is reasonable based upon surrounding conditions: Rezoning these four
parcels, totaling approximately 5.61-acres, from a mix of 1-10, industrial and C-3, highway commercial to C-3
CZD limiting use to only five of the 50+ uses allowed in C-3, would be reasonable based on surrounding
conditions.
2 - The impact to the adjacent property owners and the surrounding community is reasonable, and the
benefits of rezoning outweigh any potential inconvenience or harm to the community: The impact of the
rezoning on adjacent property owners and businesses will be reasonable. It will bring the zoning and future
use of these parcels more in conformitywith the surroundings. The benefits to the community of the rezoning
will outweigh any inconvenience that results from it such as increased traffic.
3 - The amendment is warranted due to changed or changing conditions in the area: The amendment is
warranted because the existing zoning is a holdover from previous times and the proposed zoning would
better fit the conditions of the area.
4 - The amendment achieves the purpose and is consistent with the Land Use Plan: The Future Land Use Map
identifies this area as a Highway Commercial Character Area. Changing the industrial zoning to C-3 Highway
Commercial CZD would unify the zoning of the different parcels consistent with the Future Land Use Map.
This amendment achieves the purpose and is consistent with both the Land Use Map and the Future Land Use
Plan's Recommendation for General Land Use, Policy 2.3: "Strengthen Dunn's identity and enhance its
character by encouraging high -quality design throughout the City." This rezoning also reinforces the Imagine
Dunn Strategic Vision Plan Planning for Growth strategy.
Based on the reasoning and facts referenced above, staff concludes that the zoning amendment requested
would conform and be consistent with the Future Land Use Plan and Map and the Imagine Dunn Strategic
Vision Plan by encouraging business growth and well -designed commercial development in an area identified
for such development
Dwight Snow, Attorney representing the Four W's spoke in favor of the request Lauren Wellons confirmed
that there will be smrmwater remediation.
Motion by Mayor Pro Tem Sills and second by Council Member Bmdham to approve CZ-02-24, to rezone four
parcels, PINS being 1507-91-4820.000; 1507-91-6743.000; 1507-91-7959.000; and 1507-91-7577.000 from
1-10, Industrial and C-3 Highway Commercial to C-3 CZD, Highway Commercial Conditional Zoning District, to
permit only the following uses: restaurant, professional office, bank/financial institution, drive-thru/drive-in
facility (principle or accessory), and general commercial, with conditions to permit only one driveway access
from West Cumberland Street, no new driveway access from North Powell Avenue, and to design all four
parcels as a single development, as presented. Motion unanimously approved.
364
Voluntary Annexation Petition ANX-01.24, Rooms To Go Distribution Company LLC
City Manager Neuschafer presented a resolution fixing the date for a Public Hearing to consider the voluntary
non-contiguous annexation petition ANX-01-24. The Council adopted a Resolution Directing the Clerk to
Investigate the Voluntary Annexation at the February Council meeting and the Certificate of Sufficiency is
completed.
Motion by Council Member Bradham and second by Council Member Hargis to adopt the Resolution Fixing
the Date of the Public Hearing as March 26, 2024, at 6:30 p.m. for the Voluntary Non -Contiguous Annexation
Petition ANX-01-24. Motion unanimously approved. A copy of the Resolution (R2024-11) is incorporated into
these minutes asAttachment #1.
NC DOT 5-year Mowing Agreement 2024
• City Manager Neuschafer presented a 5-year agreement with NC DOT for routine maintenance mowing. The
City and NC DOT have had an agreement for this routine mowing for many years. This agreement allows the
City to be reimbursed to perform maintenance of the right of ways in the City designated as State maintained
routes. The maximum annual reimbursement is $20,266.12. Last years reimbursement was $19,154.00.
Motion by Council Member Gaulden and second by Council Member McNeil to approve and authorize the City
Manager to enter into an agreement on behalf of the City of Dunn with the North Carolina Department of
Transportation for the 2024 5-year Municipal Agreement for mowing of designated state right-of-ways.
Motion unanimously approved. A copy of the agreement has been filed with the City Clerk
Mayor Elmore recessed the meeting. The meeting was reconvened at 8:20 p.m.
ITEMS FOR DISCUSSION
FY2024-2025 Budget Summary and Updated Goals
The City Manager presented proposed Goals and Priorities as established at the Budget Planning Retreat The
agreed upon Goals and Priorities will continue to be reported each month at the Council Meeting. These
reports will replace the recent Goals and Objectives Reports beginning at the April Council meeting.
Aker discussion on the berms that need to be removed from cemeteries, Council requested a timeline and a
proposed estimated budget for each goal.
Announcements/Information
Mayor Elmore announced upcoming events and activities. Mayor Elmore shared that the Town of Four Oaks
held a Groundbreaking for the I95/I40 Alliance workforce building and the facility in Dunn should start
• construction soon.
Consensus for City Manager Neuschafer to write a letter to NC DOT to add the culvert on NC55 to the 5-year
plan.
Motion by Council Member Bradham and second by Council Member Gaulden to enter a closed session for the
purpose of discussing a personnel matter. Motion unanimously approved.
The meeting was reconvened and with no further business to discuss, Mayor Elmore adjourned the meeting
at 8:50 p.m., with no objections.
is