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02092016201 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, February 9, 2016, at 7:00 p.m, in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem Billy Tart, Council Members Buddy Maness, Gwen McNeill, Frank McLean, Billy Tart, Chuck Turnage and Billy Barfield. Also present was City Manager Ronnie Autry, Assistant City Manager Steven Neuschafer, Public Works Director Billy Addison, Public Utilities Director Dean Gaster, Chief Building Inspector Steven King, Planning Director Samantha Wullenwaber, Police Chief Jimmy Pope, Recreation Director Brian McNeill, Human Resources Director Anne Thompson, Librarian Mike Williams, Attorney P. Tilghman Pope, City Clerk Jennifer Fortin, Deputy City Clerk Melissa Dudley, and Daily Record Reporter Oonagh McQuarrie. INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and asked Reverend Daniel Manuel, Police Chaplain and Apostle of East Granville Street Church, to give the invocation. Afterwards, the Pledge of Allegiance was repeated. City Manager Autry introduced three new hires: Jennifer Fortin — City Clerk Mark Stephens — Finance Director Billy Roach — Athletic Director AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Maness and seconded by Council Member Tart to adopt the February 9, 2016 meeting agenda with changes, if any, as listed below. Agenda Items Added: • none Agenda Items Removed: • none Motion unanimously approved. PRESENTATIONS Retirement Resolution Debbie West Mayor Harris and Manager Autry presented a Retirement Resolution to Debbie West, in recognition and appreciation of 30 years of service to the City of Dunn Administration Department. A copy of Retirement Resolution (82016-02) recognizing Debbie West is incorporated into these minutes as Attachment #1. City Manager Autry presented to Debbie West a Retirement Resolution from North Carolina Association of Municipal Clerks President Jeanne M. Giblin.. A copy of Retirement Resolution recognizing Debbie West is incorporated into these minutes as Attachment 21. City Manager Autry gave a speech about Debbie and her tenure with the City of Dunn. PUBLIC COMMENT PERIOD There were no public comments and Mayor Harris closed the public comment period. PUBLIC HEARINGS Conditional Zoning Request — CZ -01-16 NR Jones and Sons, Inc. PIN #1516-79-0580.000 703 N. Fayetteville Avenue Mayor Hams stated that the public has been notified that oral and written comments will be heard and received concerning the request by NR Jones and Sons, Inc. to conditionally zone approximately .38+/ - acres located at 703 N. Fayetteville Avenue. The Property is currently zoned I-10; Restricted industrial District and is proposed to be zoned C-3 (CZD); Highway Commercial Conditional Zoning District to allow the use of: auto sales and service. The public hearing is the opportunity for the council to hear comments and opinions from the public to include any party for or against the request. The public hearing was duly advertised on January 19th and February 2', 2016 40A Mayor Harris asked if there was anyone present who wished to speak for or against the proposed Conditional Zoning Request. Neal Jones came forward to speak in favor of the request. Hearing no further comments, Mayor Harris closed the public hearing. 1" Public Hearing CBDG Funds Economic Development Program Mayor Harris stated the public has been notified that the City Council of the City of Dunn will hold a public hearing for the purpose of receiving public input into the identification of the community needs and desired Community Development Block Grant activities. The public was duly advertised on January 2811, 2016. Mayor Harris asked if there was anyone present that wished to speak for or against the identification of the community needs and desired Community Development Block Grant activities. Hearing no comments, Mayor Harris closed the public hearing. Demolition of House 606 E. Bay Street PIN# 1516-64-9571.000 Mayor Harris stated the public has been notified that oral and written comments will be heard and received concerning the demolition of the dwelling located at 606 E. Bay Street, Dunn, NC The public was duly advertised on January 26'", 2016. The Mayor asked if there was anyone present that wished to speak for or against the demolition of 606 E. Bay Street, Dunn, NC. Hearing no comments, Mayor Hams closed the public hearing and reconvened the regular meeting at 7:27 p.m. CONSENTITEMS Minutes — Council considered approval of minutes of the January 12, 2016 City Council meeting CDBG Quarterly Progress Report Proclamation— Black History Month — Council Member McLean read the Proclamation Consideration of Resolution Authorizing the Disposition of Personal Property. Motion by Council Member Barfield and seconded by Council Member McLean to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Audit Report Fiscal Year 2014-2015 Phyllis Pearson from Petway, Mills & Pearson, PA, presented the Audit Fiscal Year 2014-2015 to council. Motion by Council Member Tart and seconded by council Member McLean to approve the Audit for Fiscal Year 2014-2015 as presented. Motion unanimously approved. Conditional Zoning Request CZ -01-16 NR Jones and Sons, Inc. 703 N. Fayetteville Avenue PIN# 1516-79-0580.000 Mayor Harris stated that the public has been notified that oral and written comments will be heard and received concerning the request by NR Jones and Sons, Inc. to conditionally zone approximately .38+/ - acres located at 703 N. Fayetteville Avenue. The Property is currently zoned I-10; Restricted industrial District and is proposed to be zoned C-3 (CZD); Highway Commercial Conditional Zoning District to allow the use of auto sales and service. Motion by Council Member Maness and seconded by Council Member Tumage to approve the Conditional Zoning Request — NR Jones and Sons, Inc. 703 N. Fayetteville Avenue PIN# 1516-79-0508.000 with the following conditions: 203 1. The City of Dunn Land Use Plan identifies this parcel as industrial on the future land use map, although a use of auto sales and service would be concurrent with other uses in the area. The property is located in area one of the Land Use Plan. 2. The amendment for the use of auto sales and service is consistent with the area and will not impair the integrity of the surrounding areas. Buffers will be installed along the two parcel lines that abut the I-10 zoning district. 3. The property is currently being used for indoor storage. The proposed use is a permitted use under the C-3 Highway Commercial District and the conditional zoning is proposed to limit the use of the property under the C-3 zoning classification for auto sales and service. Therefore the proposed conditional zoning district is suitable and is not considered detrimental to the area and would be beneficial to the entire community. 4. The applicant would have to meet all applicable building code and fire code regulations, parking, setback, landscape, and any other requirements as stated in Chapter 22 of the zoning ordinance. Motion unanimously approved. Consideration of Resolution to Award Bid E. Cumberland Street US 421 Sidewalk Project Mayor Harris stated sealed bids for the E. Cumberland Street (US 421) Sidewalk Project were recently received by the City of Dunn on January 26, 2016. The lowest pre -qualified bidder for the project is Sandhills Contractors of PO Box 1 Sanford, NC 27331. Planning Director Samantha Wullenwaber presented to Council the Memorandum of Understanding (MOU) from December 2014 to accept $35,000 from NCDOT and the rest of the project cost would be covered by the City of Dunn. Council voted on this in the fall of 2014 and approved it. The project was sent to bid January 2016 and the first two bidders were not pre -qualified and their bids had to be rejected and this was through NCDOT. The third bidder was for $59,841.00, Sandhills Contractors is the same contractor who did the Clinton Avenue sidewalk. After all paperwork is submitted to NCDOT we are hoping to start in March with an end date of May 31, 2016. Motion made by Council Member Barfield and seconded by Council Member Turnage to approve the bid award to Sandhills Contractors for the E. Cumberland Street — US 421 Sidewalk Project. Motion unanimously approved. Consideration of Ordinance to Demolish House 306 E. Bay Street PIN# 1516-64-9571.000 Chief Building Inspector Stephen King has conducted an inspection at 606 E. Bay Street and based upon his observations, the structure failed to comply with the minimum standards of fitness established by the minimum housing code of the City of Dunn. The Building Inspector also found the dwelling dangerous or prejudicial to the public health or public safety and is a nuisance in violation of GS § 160A-193. The owner of the property has failed to comply with the Building Inspector's order and according to N.C.G.S. §160A-443, the City Council has the power to proceed with the demolition of this property. Chief Building Inspector Stephen King stated 606 E. Bay Street was condemned based on damage sustained in a fire. Ms. Thompson spoke with Mr. King stating she had no claims to the dwelling and would like to proceed with the demolition of the property. Motion by Council Member Barfield and seconded by Council Member Tart to adopt the Ordinance Directing the Building Inspector to proceed with the Demolition of the Dwelling located at 606 E. Bay Street (PIN #1516-64-9571.000). A copy of Ordinance (02016-02) to demolish the dwelling at 606 E. Bay Street is incorporated into these minutes as Attachment #6. Motion unanimously approved. Consideration of Community Service Contribution to Special Olympics Mayor Harris stated the Special Olympics in Hamett County is requesting a $3,000 donation from the City of Dunn. Motion by Council Member Barfield and seconded by Council Member McLean to donate the requested amount of $3,000 to Special Olympics of Harnett County. Motion unanimously approved. Mayoral Appointments — Council Committee Assignments Council Member Board/Commission Buddy Maness Municipal Administration & ABC Board Dr. Gwen McNeill Municipal Administration & Public Works Frank McLean Planning Board & Recreation/Senior Center Billy Tart Planning Board & Public Works Chuck Tumage Dunn Housing Authority & Recreation/Senior Center 204 Billy Barfield Police Department, Library board, Cemetery Advisory Board, Mid -Carolina Council of Government All Members Harnett County local Government Association Consideration to Accept 3+/- Acres of land adjacent to Clarence Lee Tart Park, located on S. Elm Avenue from Mary T. Fowler and C. L. Tart Mayor Harris stated the Council is being asked to approve a Pledge and Naming Rights Agreement for acceptance of 3+/- acres of land adjacent to Clarence Lee Tart Park located on S. Elm Avenue from Mary T. Fowler and C. L. Tart. The letter is asking Council to accept the 3+/- acres of land on S. Elm Avenue and request that the tennis courts at Nathan Harris Athletic Complex be named in honor of James McDaniel Johnson for a period of not less than 25 years and approve the engineering fees to be paid by the City of Dunn in the amount of $768.50. Motion by Council Member Barfield and seconded by Council Member McLean to accept the 3+/- acres of land adjacent to Clarence Lee Tart Park and approve the Pledge and Naming Rights Agreement, and pay the engineering fees of $768.50. Motion unanimously approved. ITEM FOR DISCUSSION AND/OR DECISION Financial Report City Manager Autry provided the following financial report for the period ending December 31, 2015: • The City as of December 31, 2015 had a total cash balance of $4,345,502. $685,829 in the checking account; $3,086,884 in the Capital Management Trust accounts; $571,519 in Money Market Investments; and $1,270 cash on hand. Total cash balance as of December 31, 2014 was $3,181,158. • Property Tax collections were $2,667,240 (74.6% of budget). Last year total property tax collections through December 31, 2014 were $2,436,428 (70% of budget). • Vehicle Tax collections were $164,670 (53% of budget). Last year total vehicle tax collections through December 31, 2014 were $153,893 (45.3% of budget). • Sales Tax Distribution total as of November 30, 2015 was $647,202 (44% of budget). Benchmark for November was 41.67% of budget. Last year total sales tax distribution through November 30, 2014 was $614,933. December Sales Tax Distribution will be received on February 15, 2016. The retreat report will have through December. • Building Permit Fees were $43,982 (67.6% of budget). Benchmark for this month is 41.67% of budget. Last year total building permit fees were $54,080. • Water and Sewer Revenues were $2,357,338(52.4% of budget). Benchmark for this month is 50% of budget. Last year total Water and Sewer Revenues were $2,383,263. • Total expenditures as of the month of December were 50.7% of budget in the General Fund and 41.49% of budget in the Water -Sewer Fund. The benchmark for this period is 50% of budget. Last year General Fund total expenditures were 54.04% and Water -Sewer Fund were 41.72%. Mayor Harris stated the only lull was in the building permits and has asked the Harnett County Realtors Association and builders to see what we can do to help in their development process in promoting the City of Dunn Motion by Council Member McLean and seconded by Council Member Tart to accept the Financial Report. Motion unanimously passed ADMINISTRATIVE REPORTS Motion by Council Member Tart and seconded by Council Member Barfield to accept the Administrative Reports. Motion carried unanimously. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: Y The City Council will hold their Annual Budget Retreat/Planning Session on Friday, February 261" and Saturday February 27ih, 2016 at the Courtyard Marriott New Bern located at 218 E. Front Street, New Bern, NC. The meeting will convene at 9:30 a.m. ➢ Dunn Travel and Tourism General Lee Celebration on June 5' — Junel Ith, 2016. On June 111" there will be The Band of Oz and Charlie Daniels. A Mayor from France will be in Dunn and at the festivities on Friday and Saturday. ➢ The next regular City Council meeting is scheduled for Tuesday, March 8, 2016 at 7:00 p.m. 205 With no further business to discuss, a motion was made by Council Member Barfield and seconded by Council Member McNeillto adjourn the meeting at 8:07 p.m. Motion carried unanimously. scar N. Harris Mayor Attest: conifer M. Forti , CMC City Clerk