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05092017314 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Tuesday, May 9, 2017, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem Billy Barfield, Council Members Buddy Maness, Dr. Gwen McNeill, Frank McLean, Billy Tart, and Chuck Turnage. Also present was City Manager Steven Neuschafer, Finance Director Mark Stephens, Public Works Director Dean Gaster, Chief Building Inspector Steven King, Planning Director Samantha Wullenwaber, Chief Bill Halliburton, Recreation Director Brian McNeill, Human Resources Director Anne Thompson, Librarian Mike Williams, Attorney P. Tilghman Pope, City Clerk Jennifer Fortin, and Daily Record Report Melody Brown -Peyton. INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and asked Reverend Floyd Ray, Pastor of Mount Zion Missionary Baptist Church of Dunn and is the Chaplain at Betsy Johnson Harnett Health in Dunn and Lillington and is vice-president of the MAC Association, to give the invocation. Afterwards, the Pledge of Allegiance was repeated. Mayor Harris recognized the following students from Mr. Sills AP Government class for the Leaders of Tomorrow Program: Nolan Byrd, Noah Currin, Tyler House, Jake Jernigan, David Lewis, Colin Licary, Elizabeth Locklear, Austin Riewestahl, Tori Stephenson, Seth Vanderhoof, and Paul Wells. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Maness and seconded by Council Member Barfield to adopt the May 9, 2017 meeting agenda with changes, if any, as listed below. Agenda Items Added: • none Agenda Items Removed: • none Motion unanimously approved. Retirement Resolution and The Order of the Long Leaf Pine Award — Ronnie Autry Mayor Harris presented a Retirement Resolution and The Order of the Long Leaf Pine Award to Ronnie Autry, in recognition and appreciation of 39 years of service to the City of Dunn. (A copy of Retirement Resolution (R2017-09) and The Order of the Long Leaf Pine Award recognizing Ronnie Autry is incorporated into these minutes as Attachment #1). Proclamation Presentation Leaders of Tomorrow Mayor Harris recognized the Leaders of Tomorrow Program teacher and students. (A copy of Proclamation (P2017-11) is incorporated into these minutes as attachment#2). Noah Currin expressed thanks to the City Council and staff on behalf of his class for providing his class with the chance to shadow the employees of the City and for an amazing and memorable experience. Mr. Sills expressed his thanks to the City for keeping the Leaders of Tomorrow Program running PUBLIC COMMENT PERIOD Each speaker is asked to limit comments to 3 minutes, and the total comment period will be 30 minutes. Citizens must sign up and register on a sign-up sheet available on the podium within the City Council Chambers prior to the start of the meeting. Mayor Harris read the City of Dunn City Council Public Comment Policy. There were no public comments at this time. PUBLIC HEARINGS Demolition of House 101 Short Street — PIN# 1516-35-0263.000 The public has been notified that oral and written comments will be heard and received concerning the demolition of the dwelling located at 101 Short Street, Dunn, NC: The public hearing was duly advertised on April 25, 2017 and May 2, 2017. Hearing no comments, Mayor Harris closed the public hearing. Conditional Use Permit CU -01-17 RP Wellons Land & Development, LLC 1700-1800 block of Friendly Road PIN# 1517-24-6607.000 This is a request for a Conditional Use Permit [Zoning Ordinance Article IX, Division 3] from RP Wellons Land & Development, LLC. The conditional use request is for a planned residential development. 315 The Public Hearing is the 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 April 25 & May 2, 2017 Mayor Harris yielded to City Attorney Pope. City Attorney Pope introduced CU O1-17, a request by RP Wellons Land & Development, LLC for a Conditional Use Permit to allow for a Planned Residential Development. The hearing on this matter is judicial in nature and will be conducted in accordance with special due process safeguards. Swearing In Attorney Pope asked that all persons who wish to testify in this case, approach the podium to be sworn or give their affirmation. City Attorney Pope administered oaths to: Planning Director Samantha Wullenwaber Stanley Thompson Terry Tripp Rudy Johnson Explanation of Proceeding Attorney Pope explained that testimony will fust be given by City Planning Director Samantha L. Wullenwaber, then from the applicant 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, reaps, 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 O1-17 Conditional Use Permit Application and asked for testimony from City Planning Director Samantha Wullenwaber. Testimony from the Planner Planning Director Wullenwaber asked that the documents contained behind tab #16 in the City Council packet which includes the conditional use application, Planning Department staff report, statement of justification from the applicant, maps and all other material be entered as evidence including the revised covenant and revised plat handed out tonight. (A copy of these documents entered as evidence for Case #CU 01-17 Conditional Use Permit is incorporated into these minutes as Attachment #3). Planning Director Wullenwaber stated the Conditional Use Request is a Planned Residential Development. The City has not had a request for a Planned Residential Development in a number of years. A Planned Residential Development is Section 22-501 of the ordinance and is a Conditional Use. It allows for different setbacks and different requirements than the other sections of the ordinance allow. The applicant has met all the Planned Residential Development requirements. Their plat does demonstrate all of the requirements the ordinance states. In their application, they did submit the market analysis, covenant, and site plan. They have submitted everything they needed to submit. There is an open -space requirement in Planned Residential Developments and part of that is to preserve nature so the residential area with have somewhere to recreate. The approximate location is the 1700-1800 block of Friendly Road, which is between Maple Avenue and Westfield Drive. The area around this current tract of land is farm land and residential in nature. Last month the rezoning hearing was for this property and is currently zoned R-7, which requires a 7,000 sq. ft. lot but is a little different for this. The subdivision name is Middleton Town Subdivision. The total tract is approximately 9+/- acres. The parking requirement is two spaces per dwelling unit per the ordinance and that means there will be 72 parking spaces required. On their application they did list 144 parking spaces, one in the garage and three in the driveway. The driveways are the middle of the units which are shared and that is encouraged in the parking ordinance. The street is a paved street with curb and gutter. They will be doing a roll curb, 30 foot back to back paving. In the Planned Residential Development, the setbacks and the lot sizes range from 5,000 square feet up to about10,000 square feet. They are permitted for 37 units but they are only doing 36. To the north, south east and west it is either single family dwelling or agricultural. This is in Area 1 of the Land Use Plan and does call for residential in the future. The property does not currently have water and sewer service but it is available. Once they get into the construction phase and plans are submitted, if this is approved, than we will make sure it meets the specs and what our system can hold and what the Public Works Director feels is the best need for the City. The proposed entrance is on to Friendly Road. Friendly Road is not a DOT road, it is a City street and there will be City standards that will have to be met. The curb and gutter on Friendly Road is regular not roll curb and gutter. The average dwelling unit size is approximately 1,300 square feet. They are three bedroom, two bathroom with a single car garage and a patio. The units can be no smaller than 1,200 square feet per the proposed covenants. On the plat at the hammerhead, that is where they plan to have a dumpster pad. A Planned Residential Development allows for a zero lot line. The storm water goes to the state. Anything over an acre the state controls and they will do whatever their best practices are. They will have to get that approval prior to construction. At the end of the City Planner's testimony, Attorney Pope asked if there were any questions of the City Planner from attorneys or persons sworn to provide testimony. None were heard. Attorney Pope asked if there were any questions of the City Planner from the Council. None were heard. 316 Attorney Pope asked for testimony from the Applicant/Proponents Dwight Snow, General Council for RP Wellons Land & Development, LLC spoke on behalf of the applicant. This property was zoned R-20 and was changed the previous month to R-7 through rezoning. The City Zoning Ordinance does allow a conditional use for a Planned Residential Development. The main thing was the state justification which the City application requires. The request is for a conditional use which is allowed in this district. The requested use is designed for the public convenience and welfare. The City has not had a Planned Residential Development since the 1990's. The 30 -year plan calls for residential development in that area. The requested use will not impair the integrity or character surrounding the district of area as far as the build. During the public hearing before the Planning Board, some residence have expressed concern about what effect this development would have on drainage in that area. This property already drains to the back side of the property where there is a drainage ditch. The storm water drainage permit has to be given before any site work can be done on this property. Our engineer has already gone through the specs and devised this particular storm water plan and we submit the plan will take care of any water problems that might be in that area. We are not here to divert that natural flow of water, we are here to maintain what is already there. Based on the fact that there will be an impervious surface created that is the main reason a detention pond has been engineered on the back side. When we submit our plan to the state, they only require a detention pond on a plan that will take care of a one year storm. When this plan was put together it was done so for a ten year situation. The engineer feels confident with the new plan specifications that it would be able to take care of a 25 -year and up to 100 - year storm situation. Attorney Pope asked the Council if they had questions of the applicant/proponents. None were heard. Attorney Pope asked if there were any questions of the applicant/proponents from attorneys or persons sworn to provide testimony. None were heard. Testimony from Opponents Stanley Thompson 310 Westfield Drive spoke in opposition of the Planned Residential Development. I would like to recommend not seeing the duplexes but having single family housing instead as a planned subdivision. I feel the duplexes should be closer to the shopping facilities, Powell Avenue so people can walk to these places. I would not want to see these duplexes turned into Section 8 Housing, which would devalue our properties. In reference to the drainage and road, when you get to Riley Vann Road there seems to be a lack of road maintenance for that particular section of Friendly Road going back towards Gleneagles. When it rains, that section of ditch floods and water flows across the road and it would be nice to have some type of improvement in that area. Attorney Pope asked the Council if they had questions of Mr. Thompson. None were heard. Attorney Pope asked if there were any questions of Mr. Thompson from attorneys or persons sworn to provide testimony. None were heard. Terry Tripp —owns family property in the area and is concerned about the water run-off. If more houses go in there then the water run-off will increase. Mr. Tripp presented a map to Council. The map Mr. Tripp presented to Council will be entered into evidence. Attorney Pope asked the Council if they had questions of Mr. Tripp. None were heard. Attorney Pope asked if there were any questions of Mr. Tripp from attorneys or persons sworn to provide testimony. None were heard. Rudy Johnson — owns family property in the area and cares about the water run-off. The blind ditch that is in there was put there to help drain the family farms. It is not a natural drainage. The proposed drainage with the retention pond and the overflow from the pond is going to be going back across our land and back to the swamp right now. The ditch on that road has not been maintained. Another concern is the amount of residence being built there. He would be very disappointed if that turned into a Section 8 development. He doesn't have any objections to improvements or new residence but he would like to see a copy of the plans and the water retention so he can review them and understand the project better. Attorney Pope asked the Council if they had questions of Mr. Johnson. None were heard. Attorney Pope asked if there were any questions of Mr. Johnson from attorneys orpersons sworn to provide testimony. None were heard. Attorney Pope entertained further questions from the City Council members for the applicant, proponents, opponents, or for 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 Barfield and seconded by Council Member Tart to close the public hearing for CU -01-17 at 7:59 p.m. Motion unanimously approved. CONSENT ITEMS Minutes — Council considered approval of the minutes of March 3, 2017 Budget Retreat. (Deferred from the April Council Meeting) 317 Minutes — Council considered approval of minutes of the March 14, 2017 City Council Meeting. (Deferred from the April Council Meeting) Minutes— Council considered approval of minutes of the April 11, 2017 City Council Meeting. Minutes — Council considered approval of minutes of the April 21, 2017 Special Call Meeting. Destruction of Municipal Records Council considered approving the destruction of Human Resource records, which have exceeded the required retention time pursuant to the Municipal Disposition Schedule. (A list of those records that have exceeded the required retention schedule and approved for destruction is incorporated into these minutes as Attachment #4). Motion by Council Member Tart and seconded by Council Member Barfield to approve all consent items. Motion unanimously approved. ITEMS FOR DECISION Re -Award of Mowing Contract Public Works Director Gaster noted on March 14, 2017, the City Council voted to award the mowing contract to Lane Lawn Care, which submitted the lowest bid of $157,500. On April 6, 2017, the City received a request from Mark Lane the owner of Lane Lawn Care that his bid be withdrawn due to medical issues. The second lowest bid was submitted by Season to Season Lawn Care at $185,250. The bid packet did not include a copy of a NC Pesticide Applicator's License, which was required for the packet to be qualified. Also, references were checked and they did not include any right-of-way maintenance or cemetery experience. The third lowest bid was submitted by Old Mill Stream at $205,875 for a 15 -month period ending June 30, 2018. Old Mill has graciously stepped in during the interim period, and especially during the Easter holiday to help the City through the process of re -awarding the contract. Due to a two month interim period before the item could be properly placed on the Council agenda, the new contract will be written for a thirteen month period beginning June 1, 2017 and ending June 30, 2018. Old Mill Stream will honor their monthly bid price of $13,725 for a total thirteen month contract of $178,425. Motion by Council Member Tumage and seconded by Council Member Maness to approve the bid and be awarded to Old Mill Stream and have City staff and City Attorney proceed with drafting and securing a thirteen month contract. Motion unanimously approved. Temporary Blocking of Streets 9ts Annual Kellie's Krew Run for a Cure A request has been received from Kim Schmidlin, on behalf of The Kellie's Krew Run Team, to close portions of certain streets within the City of Dunn as indicated on the attached map on Saturday, August 26, 2017 from approximately 6:00 am until 1:00 pm. This event will start and end at the General Lee Museum. Motion by Council Member Maness and seconded by Council Member Barfield to approve the temporary street closing as requested by Kim Schmidlin, to hold The 9� Annual Kellie's Krew Run for a Cure. Motion unanimously approved. Consideration of Ordinance to Demolish House 604/606 S. Fayetteville Avenue\PIN# 1516-45-7909.000 This matter was tabled at the March 14, 2017 Council Meeting to be brought before the City Council at the May 9, 2017 Council Meeting to allow the property owner more time to make repairs on the dwelling. At this time, the property owner has requested no additional inspections for repairs since the March 14, 2017 Council Meeting. The repair/renovation of the dwelling is approximately 30% complete. The electrical and plumbing rough -ins have been started and some of the interior walls have been put up. Motion by Council Member Barfield and seconded by Council Member Maness to table this matter for 60 days and amended that it be tabled until the July Council Meeting for the property owner to complete repairs. Motion unanimously approved. Consideration of Ordinance to Demolish House 101 Short Street PIN# 1516-35-0263.000 Chief Building Inspector Steven King has conducted an inspection of 101 Short Street and based upon his observations, the structure failed to comply with the Minimum Housing Code of the City of Dunn. The Chief Building Inspector also found the dwelling dangerous or prejudicial to the public health or public safety and is a nuisance in violation of G.S. § 160A-193. The owner of the property has failed to comply with the Chief 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 the property. The property owner was notified of the hearing. The property owner requested an inspection be done by Chief Building Inspector King to document what needs to be done. The inspection took place on February 21, 2017. There has been no contact since the meeting and no progress since the inspection. Motion by Council Member Maness and seconded by Council Member Tart to adopt the Ordinance to demolish house located at 101 Short Street, Dunn, NC, PIN# 1516-35-0263.000. Motion unanimously approved. (A copy of Ordinance (02017-14) is incorporated into these minutes as attachment #5). Conditional Use Permit CU -01-17 RP Wellons Land & Development, LLC 1700 Block of Friendly Road PIN # 1516-57-4115.000 318 A request was received from RP Wellons Land & Development, LLC for a Planned Residential Development. This property is currently zoned R-7, Single Family Dwelling District. The Planning Board met on May 2, 2017, reviewed the request and asked for comment from the public. The applicant was present and spoke on behalf of the request and there was no opposition from the public. The Planning Board recommended in a unanimous vote to approve this request. Motion by Council Member Tumage and seconded by Council Member Barfield to approve CU -01-17 based on the following statements of justification being in the affirmative and to include the two additional recommendations from the Planning staff: 1. The use requested is listed among the conditional use in the district for which the application is made. Per Zoning Ordinance Article IXDivision 3, 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 convenience and desirable to the welfare of the public. 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 surrounding property is currently residential and agricultural. The proposed use is residential in nature. 4. The requested use will be in conformity with the land development plan. The location of this request is surrounded by residential zoning districts and uses. The issuance of this permit will be appropriate with the anticipated growth pattern of residential use identified in area one 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 will be available at this location. Motion passed with a 5 to 1 vote Ayes Nays Maness McNeill McLean Tart Tumage Barfield Town of Benson Water Purchase Contract City Manager Neuschafer noted on January 18, 2011, the Town of Benson entered into a ten (10) year contract agreement to purchase water from the City of Dunn. The new revised contract includes new GPD limit changes as requested by the state. Motion by Council Member Tart and seconded by Council Member McLean to approve the Town of Benson Water Purchase Contract. Motion unanimously approved. (A copy of the contract is incorporated into these minutes as attachment #6). Audit Contract FY 20106-2017 Petway Mills & Pearson, PA submitted a proposal of $21,300.00 to perform the F/Y 2016-2017 audit for the City of Dunn. The proposed audit price did not change from the previous year. Motion by Council Member Maness and seconded by Council Member Tumage to contract services with Petway Mills & Pearson, PA to conduct the FY 2016-2017 audit for the City of Dunn at a proposed cost of $21,300.00. Motion unanimously approved. (A copy of FY 16-17 audit contract is incorporated into these minutes as Attachment #7). ITEM FOR DISCUSSION AND/OR DECISION Consideration to Direct City Attorney to Proceed with the Due Diligence Process on 502 E. Edgerton Street — PIN# 1516-75-7605.000 and 506 E. Edgerton Street — PIN# 1516-76-7652.000 for the Purpose of a Land Donation to the City Council is being asked to direct the City Attorney to do due diligence on 502 E. Edgerton Street — PIN# 1516-76-7605.000 and 506 E. Edgerton Street — PIN#1516-76-7652.000 owned by Ethel Parker. Ms. Parker has offered to donate these lots free and clear of all claims. Attorney Pope noted for clarification the intended motion is if the attorney conducts a title search and these properties have clear titles, the Council is approving the acceptance of the donation from Ms. Parker with no further action of the Council. Motion by Council Member Barfield and seconded by Council Member Maness to direct City Council to proceed with the due diligence process on 502 E. Edgerton Street — PIN# 1516-76-7605.000 and 506 E. Edgerton Street — PIN# 1516-76- 7652.000 for the purpose of a land donation to the City. Motion unanimously approved. Set Date for Budget Work Session Council is being asked to set a Budget Work Session for Thursday, May 25, 2017 with a suggested time to begin the meeting at 2:00 p.m. Motion by Council Member Barfield and seconded by Council Member McLean to approve the Budget Work Session for Thursday, May 25, 2017 beginning at 2:00 p.m. Motion unanimously approved. Financial Report Finance Director Mark Stephens provided the following financial report for the period ending March 31, 2017: • The City as of March 31, 2017 had $4,274,086 in cash in the General Fund and $2,692,285 in the Water and 319 Sewer Fund. In March 2016 the City had $4,012,122 in the General Fund and $2,293,993 in the Water and Sewer Fund. • Property Tax collections were $3,804,804 or 102.94% of budget. Last year property tax collections through April were $3,562,082 or 100.687% of budget. • Sales Tax Revenue is $1,276,103 or 75.29% of budget. Benchmark for the month is 67.67% of budget. • Utilities Sales Tax is $531,564 or 67.36% of budget. Benchmark for this month is 75.00% of budget. • Building Permit Fees were $70,625 or 108.65% of budget. Benchmark for this month is 75% of budget. • Water and Sewer Revenues were $3,447,921 or 76.62% of budget. Benchmark for this month is 75.00% of budget • Expenditures were 70.16% of budget in the general fund and 64.18% of budget in the water and sewer fund. The benchmark for this period is 75.00% of budget. Motion by Council Member McLean and seconded by Council Member Barfield to accept the Financial Report. Motion carried unanimously. ADMINISTRATIVE REPORTS Tax Report Planning & Inspections Report Public Works Report Recreation Report Library Report Police Report Motion by Council Member Tart and seconded by Council Member Turnage to accept the Administrative Reports. Motion unanimously approved. City Manager's Report City Manager Neuschafer notes the proposed budget will be out by the middle of next week. The City has worked with FEMA and the State Emergency management and has developed a list of projects and are working through those projects. The City will be contracting out 3 different projects. We are still recovering and fixing the damage. Recreation Director McNeill gave Council an update on what the Recreation Department has given a seven month update for past, present, and future activities from January through July, 2017. (A copy of the report is incorporated into these minutes as Attachment #8). ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ Boogie on Broad will be held on Thursday, May 18, 2017, 2017 from 6 p.m. -9 p.m. in Downtown Dunn ➢ City offices will be closed on Monday, May 29, 2017 in observance of Memorial Day D The Rotary Golf Tournament will be held Thursday, June 1, 2017. ➢ The Veterans Breakfast sponsored by the General William C. Lee Memorial Commission will be held Saturday, June 3, 2017 at the American Legion Post 69 D The Boy Scouts will honor Freddie Williford at the Dunn Shrine Center on Thursday, May 11, 2017 ➢ The next regular City Council Meeting is scheduled for Tuesday, June 13, 2017 @ 7:00 p.m. ➢ A Proclamation was given to William Irvin Warren by Mayor Harris on Saturday, April 29, 2017 (A copy of Proclamation (P2017-07) is incorporated into these minutes as Attachment #9). ➢ Hamett Training School Audit was received (A copy of the Audit is incorporated into these minutes as attachment #10). Motion by Council Member McLean and seconded by Council Member Barfield to adjourn the meeting at 8:55 p.m. Motion unanimously approved. � car N. Harris Mayor Attest: J fer M. 'ortin, CMC ity Clerk r� 2 '�.�GpFPOR,gTF? SEAL H CAP 01% ` ''',r n I 1 n rv`