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10132011164 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Thursday, October 13, 2011, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem. N. Carnell Robinson, Council Members Buddy Maness, Bryan Galbreath, Billy Tart, Chuck Turnage and Joey Tart. Also present was City Manager Ronnie Autry, Assistant City Manager Steven Neuschafer, Public Works Director Billy Addison, Public Utilities Director Dean Gaster, Finance Director Mark Stephens, Human Resources Director Anne Thompson, Planning Director Samantha Lloyd, Chief Building Inspector Mike Blackmon, Police Chief B.P. Jones, Recreation Director Perry Hudson, City Engineer Michael Goliber, City Attorney P. Tilghman Pope, City Clerk Debra West c and Daily Record Reporter Brian Haney. ✓ INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and asked Police Chaplain Reverend Roy Johnson to give the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Mayor Pro Tom Robinson and seconded by Council Member Joey Tart to adopt the October 13, 2011 meeting agenda with changes, if any, as listed below. Items Added to the Agenda: • Presentation of Advanced Certification to Sgt. Pepe Aguilar • Presentation of Criminal Investigator Certification to Lt. David Register Agenda Items Removed. • none Motion unanimously approved. PRESENTATIONS Proclamation Presentation International Walk to School Month Safe Routes to School Program for Wayne Avenue School Mayor Harris and City Planner Lloyd presented a proclamation to Ms. Janie Tew, representative of Wayne Avenue Elementary School and SRO Officer Ricky Jackson, in recognition of their participation and dedication to the Safe Routes to School Program. A copy of International Walk to School Proclamation (P2011 -25) is incorporated into these minutes as Attachment #1. Presentation of Advanced Certification - Sgt. Pepe Aguilar Police Chief Jones and Mayor Harris presented the Criminal Justice Education and Training Standards Commission Advanced Law Enforcement Certificate to Sgt. Pepe Aguilar. Presentation of Criminal Investigator Certification- Lt. David Register Police Chief Jones and Mayor Harris presented the Criminal Investigator Certification to Lt. David Register. Chief Jones explained that the Criminal Investigator Certificate Program is designed for investigators and is sponsored by the North Carolina Department of Justice and the North Carolina Justice Academy. The program is part of a five year program. Upon completion, the credits are reviewed and the NC Attorney General and the Director of the North Carolina Justice Academy sign off on the approval of the issuance of the certificate. PUBLIC COMMENT PERIOD Mayor Harris opened the floor fora (30) minute public comment period. Hearing no comments, the public comment period was closed. Mayor Harris opened public hearings at 7:12 p.m. PUBLICREARINGS Conditional Use Permit CU -03 -11 City of Dunn PIN #1516 -97- 1590.000 610 E. Johnson Street 165 Mayor Harris stated that this is a request for a Conditional Use Permit [Zoning Ordinance Article IX Section 22-461 (4) (i) c.] from the City of Dunn. The conditional use will allow for Multi - Family Dwellings/Apartments at 610 E. Johnson Street. This request is to allow the construction and operation of apartments. The property is currently being used for the police athletic league, senior center and a day care. The apartments would occupy the previous Harnett Training School with a maximum of 45 units. The area is surrounded by residential and recreation uses. This Public Hearing is an opportunity for the Council to hear sworn testimony and receive specific evidence from the public to include any party for or against the request. During the deliberation for decision, questions may only be asked to clarify previous testimony. The public hearing was duly advertised on September 20, 27 and October 4, 2011. Mayor Harris yielded to City Attorney Pope. City Attorney Pope introduced CU 03 -11 a request by the City of Dunn for the issuance of a conditional use permit to allow for Multi -Family Dwellings /Apartments at 610 E. Johnson Street. The hearing on this matter is judicial in nature and will be conducted in accordance with special due process safeguards. Attorney Pope asked that all persons who wish to testify in this case, approach the podium to be sworn or give their affirmation. Swearing In: City Attorney Pope administered oaths to: Applicant, Assistant City Manager Steven Neuschafer Planning Director Samantha Lloyd Explanation of Proceeding Attorney Pope explained that testimony will first be given by City Planner Samantha Lloyd and then from the applicant which is the City and their witnesses, and then from opponents to the request. Parties may cross - examine witnesses after the witness testifies when questions are called for. If you want the Council to see written evidence, such as reports, maps, or exhibits, the witness who is familiar with the evidence should ask that it be introduced during or at the end of his or her testimony. Reports from persons who are not present to testify will not be accepted. Attorneys who speak should not give factual testimony but may summarize their client's case. Before beginning your testimony, please clearly identify yourself for the record. City Attorney Pope opened the hearing on Case #CU 03 -11 Conditional Use Permit Application and asked for testimony from City Planner Samantha Lloyd. Testimony from the Planner Planner Lloyd asked that the documents contained behind tab #10 in the City Council packet which includes the conditional use application, Planning Department staff report, statement of justification from the applicant and a map of the property be entered as evidence. (A copy of these documents entered as evidence for Case #CU 03 -11 Conditional Use Permit is incorporated into these minutes as Attachment #2). Ms. Lloyd stated that this property at 610 E. Johnson Street is approximately 9.41 acres. The building in question is approximately 7,000 square feet. The proposed conditional use is for apartments /multi - family dwellings. The approximate number of current parking spaces is 60. The existing zoning on the property is RM; Multi- Family District. The land uses to the North are residential, to the South is Codrington Park pool/tennis courts/basketball court, to the East and West is residential. The map provided outlines the building/structures and what is in each building including the PAL gym, senior center, education building, daycare and parking area. It is currently a mixed use center. Parking spaces required would be one per dwelling unit which would be 45; currently 60 are provided. The future land use in this area is identified as residential and is in area two of the land use plan. This property has existing driveway access onto E. Johnson Street and all utilities are provided at this location. There is ample room for parking, including handicap parking. The adjacent property uses are residential and recreation in nature. At the end of the City Planner's testimony, Attorney Pope asked if there were any questions of the City Planner. Council Member Turnage asked Ms. Lloyd if the center building is 610 E. Johnson Street. Ms. Lloyd responded that the whole property is addressed as 610 E. Johnson Street. Mr. Turnage asked if this property will be subdivided. Ms. Lloyd responded when they approach this, they will re- address appropriately. Attorney Pope asked if there were questions of the City Planner from any opponent/proponent. None were heard. Attorney Pope asked for testimony from the Applicant/Proponents. Assistant City Manager Neuschafer stated that this application is for the senior apartment proposal that the City of Dunn and Dunn Community Development Corporation is preparing an application for. The maximum number of units the application covers is 45. The application is for the property itself and all the apartments may or may not go into the center building. The final schematic of the apartment layout has not 166 been finalized yet. This application and conditional use permit required for the property, needs to be submitted in January. Although they are very close to working towards a final design, it is not finalized so he would like to apply for the property itself. As with any conditional use permit, it will run with the Property. This property is owned by the City and may or may not be transferred or leased or sold; that is to be determined in the future. The property and conditional use will run with the property no matter who the owner would be. They are specifically speaking of the first four buildings (PAL gym /offices, training school, senior center, education building) as far as the over -all renovation of the property. There will be some adjustments to the parking as necessary. All zoning requirements would be adhered to with the site plan approval and building permit at the proper stage. Buffers, parking and landscaping are all parts of the application; all these stipulations and existing set -backs will be adhered to as well. The City needs the component of the 45 apartment dwelling units to be accepted and passed on. Attorney Pope asked the Council if they had any questions ofthe applicant/proponents Council Member Turage asked Mr. Neuschafer what will happen to the footprint of the PAL program; will they co -exist with the apartment complex or will they move to another place. Mr. Neuschafer responded that a meeting was held with the PAL leadership to receive input on their future needs as well, and he anticipates PAL staying on the same campus; they would not want to see them leave since they are a key component of the whole idea of a mixed use campus; having the different age groups interacting. City Attorney Pope entertained questions from other parties for the applicant /proponents. None were heard. Testimony from Opponents No one spoke in opposition ofthe request. Attorney Pope entertained further questions from the City Council members for the applicant, proponents, opponents, orfor the planner or other sworn persons. He explained that once the public hearing is closed, the only questions that the Council may pose to the applicant, proponents or opponents shall be for clarification. No new evidence can be introduced after closing the public hearing. Any additional conditions that the Council wishes to consider to place upon the use of the land by the applicant, must ask the applicant if he/she will voluntarily place the condition upon his/her property at this time. With no further testimony, a motion was made by Council Member Billy Tart and seconded by Council Member Turage to close the public hearing for CU -03 -11 at 7:25 p.m. Motion unanimously approved. ` Minutes — Council considered approval of minutes of the September 13, 2011 City Council meeting. Budget Amendments — Council consideration approval of Budget Amendments 91 - #2. A copy of BA #1- #2 is incorporated into these minutes as Attachment #3. Proclamation - Council considered approval of a proclamation designating October 16 -22, 2011 as National Friends of Libraries Week. Council Member Joey Tart read the proclamation. A copy of Proclamation (P2011 -26) designating National Friends of Libraries Week is incorporated into these minutes as Attachment #4. Surplus Resolution — Council considered approval of a Resolution Authorizing the Disposition of Personal Property by electronic means through www.GovDeals.com. A copy of Surplus Resolution (R2011 -29) is incorporated into these minutes as Attachment #5. Resolution — Council considered approval of a resolution urging residents of the City of Dunn to observe a safe and courteous Halloween on Monday, October 31, 2011. Council Member Galbreath read the resolution. A copy of Resolution (82011 -30) designating Trick -or- Treating on October 31, 2011 is incorporated into these minutes as Attachment #6. Motion by Council Member Joey Tart and seconded by Mayor Pro Tem Robinson to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Conditional Use Permit CU -03 -11 (' City of Dunn i' PIN #1516 -97- 1890.000 610 E. Johnson Street Manager Autry explained that this request is for the operation of apartments at 610 E. Johnson Street This property is currently zoned R -M; Multi- Family Dwelling District The Planning Board met on September 27, 2011, reviewed the request and asked for comments from the public. After hearing comments from the public and the request from the applicant, the Planning Board recommended unanimously to approve this request. Motion by Council Member Galbreath and seconded by Mayor Pro Tem Robinson to approve CU -03 -11 based on the following findings of fact: 167 1. The use requested is listed among the conditional uses in the district for which the application is made. Per the zoning ordinance Article LYDivision I Section 22 -461 (4)(1) c, the Conditional Use is listed in the ordinance. 2. The requested use is essential or desirable to the public convenience or welfare. The requested use is desirable to the public because the new apartment complex will be creating affordable, safe housing. 3. The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. The property currently has a steady flow of vehicular and pedestrian traffic due to the PAL Center, Senior Center and Daycare on site; therefore, the increased population will not greatly impact the traffic and surrounding areas. 4. The requested use will be in conformity with the land development plan. The location of this request is surrounded by two different zoning districts; the issuance of this permit will be appropriate with the anticipated growth pattern of future residential and governmental use identified in area two of the 2030 Land Use Plan. 5. Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or are being provided. All facilities are available at this location. Motion unanimously approved. Adoption of Engineering Design and Construction Standards Mr. Michael Goliber, City Engineer with Davis -Martin -Powell & Associates (DMP) explained that DMP in conjunction with City of Dunn personnel completed a draft Engineering Design and Construction Standards document for review by the North Carolina Department of Environment and Natural Resources ( NCDENR) and Public Water Supply Sections (PWSS). An application for approval was submitted along with the draft document for review. The document was approved by PWSS after comments were received and changes made to satisfy their requirements. The document will be utilized for future City of Dunn projects upon approval by the City Council. All construction, both development and city projects, shall conform to the City of Dunn Engineering Design and Construction Standards; in conjunction with the Code of Ordinances of the City of Dunn and any requirements and dimensions on City approved construction plans. It is the intent of this specification to provide materials of the highest standard known to the trade and to provide materials free from defects in workmanship and project. It is also the intent of this specification to provide uniformity of materials on City of Dunn projects. The review of future projects by NCDENR and PWSS will be enhanced due to prior approval of these design and construction standards. Council Member Tumage asked Mr. Goliber if he could provide an example of how this document will be used. Mr. Goliber responded that if someone wanted to build a new building and they did not know what form water meter, back -flow preventer, etc. was required, this document would help standardize those pieces of equipment. Another example would be drive -way apron standards or subdivision standards. Motion by Mayor Pro Tern Robinson and seconded by Council Member Turnage to adopt the City of Dunn Engineering Design and Construction Standards. Motion unanimously approved. Consideration of Community Service Contribution to Harnett County Disabled American Veterans Chapter 74 A letter was received from Commander Jarvis L. Bynum and Adjutant Joanne J. Creswell of the Harnett County Disabled American Veterans (DAV) Chapter 74, officially requesting a donation of $1,000 or any financial donation from the City of Dunn to help the DAV continue their work for veterans. Motion by Council Member Tumage and seconded by Council Member Maness to approve a contribution of $1,000 to Harnett County DAV Chapter 74. Motion unanimously approved. ITEMS FOR DISCUSSION AND /OR DECISION Financial Report Finance Director Mark Stephens provided the following financial report for the period ending August 31, 2011: • As of August 31, 2011, the City had $13M in cash in the'Geneml Fund and $2.4M in the Water - Sewer Fund. In August of 2010 the City had $13M in the General Fund and $23M in the Water - Sewer Fund. • Investment earnings are in the .35 % -.20% range. This is within the budgeted range. • Building permit fees were $10,277 or 12.85% of budget. Benchmark for this month is 16.67% of budget. • Water and sewer revenues were $844,574 or 19.42% of budget. Benchmark for this month is 16.67% of budget. • Average fuel cost in August for unleaded was $2.78 per gallon and diesel was $3.09 per gallon. The City budgeted $3.00 per gallon. 1 l� Sales tax distribution was $140,264 or 10.51% of budget. Benchmark for this month is 8.33% of budget. Expenditures were 15.50% of budget in the General Fund and 13.74% of budget in the Water and Sewer fund. The benchmark for this period is 16.67% of budget. The draft audit report is complete. The audit report will be filed with the LGC by October 31, 2011. ADMINISTRATIVE REPORTS Motion by Council Member Galbreath and seconded by Council Member Joey Tart to approve the Administrative Reports. Motion unanimously approved. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ 2011 North Carolina League of Municipalities Conference will be held on October 23 -25 in Raleigh, NC. Manager Autry, Assistant Manager Neuschafer, Mayor Harris and Council Member Tumage plan to attend. ➢ "Trick or Treat' ' times will be observed in the City limits of Dunn on Monday, October 31n from . early evening until 8:30 p.m. 13" Annual Touchstone Energy Cotton Festival will be held on Saturday, November 5th from 10 a.m. until 4 p.m. at Tart Park. ➢ The next regular City Council meeting is scheduled for Tuesday, November 8, 2011 at 7:00 pm. ➢ Hospice of Harnett County will be celebrating its 25h anniversary of serving patients on Sunday, November 6h from 2 -4 pm at Simply Divine Bed and Breakfast. ➢ Harnett Health Central Hospital Topping Out Celebration on Friday, October 28" at 11:30 am at the construction site at 578 W. Cornelius Harnett Blvd. in Lillington. Lunch will be provided and anyone who plans to attend will need to RSVP. Council Member Tumage; ➢ Veterans Day Ceremony on Sunday, November 6`° at the General William C. Lee Museum. Guest speaker will be Sgt. Major Campbell of Ft. Bragg. Council Member Maness: ➢ There are a variety of other alternatives for "Trick or Treating ". A number of Fall Family Festivals will be going on at local churches, Glad Tidings Church and Tart Park. Manager Autry: ➢ City Clerk Debbie West will make contact with the Council to set up a tentative work session date before the next regular City Council meeting for the purpose of discussing several utility projects that are developing. Council Member Galbreath: ➢ Requested the City Manager and Police Department investigate a concern on E. Hamett .Street at the intersection of N. Sampson Avenue & McNeil Circle as it relates to cars racing through this area - the citizens that reside there have requested a study. He suggested a four (4) way stop sign there and asked for a report back at the November Council meeting Council Member Joey Tart: ➢ He and his wife are celebrating their 26 year anniversary today; twelve of which he has served on the Council. He expressed his appreciation to his wife for her support. ➢ He congratulated Billy Barfield for his great campaign and victory; while disappointed, he is not sad because he still has plenty to do. With no further business to discuss, a motion was made by Council Member Joey Tart and seconded by Council Member Maness to adjourn the meeting at 7:50 p.m. Motion unanimously approved. Attest: Debra G. West City Clerk CITY CFO CORPo, 20 SEAL " CARO\ -\�P �'" 1111t% 1%. kw k ' 1 Oscar N. Harris Mayor